Mississippi Code 1972 (2023) › Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7) › Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431) › Article 3 - GUARDIANSHIP OF ADULT (§§ 93-20-301 — 93-20-318) › Section 93-20-313 - Powers of guardian for adult

(1)
Except as limited by court order, a guardian for an adult may:
(a)
Apply for and receive funds and benefits for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator;
(b)
Unless inconsistent with a court order, establish the adult's place of dwelling;
(c)
Consent to health or other care, treatment, or service for the adult;
(d)
If a conservator for the adult has not been appointed, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the adult or pay funds for the adult's benefit;
(e)
To the extent reasonable, delegate to the adult responsibility for a decision affecting the adult's well-being; and
(f)
Receive personally identifiable health-care information regarding the adult.
(2)
In exercising a guardian's power under subsection (1)(b) to establish the adult's place of dwelling, the guardian must:
(a)
Select a residential setting the guardian believes the adult would select if the adult were able, in accordance with the decision-making standard in Section
93-20-312(4) and (5)
. If the guardian does not know and cannot reasonably determine what setting the ward likely would choose if able, or if the guardian reasonably believes the decision the adult would make would unreasonably harm or endanger the welfare or personal or financial interests of the adult, the guardian must choose in accordance with Section
93-20-312(5)
a residential setting that is consistent with the adult's best interest;
(b)
In selecting among residential settings, give priority to a residential setting in a location that will allow the adult to interact with persons important to the adult and meet the adult's needs in the least restrictive manner reasonably feasible unless to do so would be inconsistent with the decision-making standard in Section
93-20-312(4) and (5)
;
(c)
Establish or move the permanent place of dwelling of the adult to a nursing home, mental-health facility, or other facility that places restrictions on the adult's ability to leave or have visitors only if:
(i)
The establishment or move is in the guardian's plan under Section
93-20-315
;
(ii)
The court authorizes the establishment or move; or
(iii)
The guardian gives notice of the establishment or move at least fourteen (14) days before the establishment or move to the adult and all persons entitled to notice under Section
93-20-309(4)
or court order, and no objection is filed;
(d)
Establish or move the place of dwelling of the adult outside this state only if consistent with the guardian's plan and authorized by the court by specific order;
(e)
Take action that would result in the sale of or surrender of the lease to the primary dwelling of the adult only if:
(i)
The action is specifically included in the guardian's plan under Section
93-20-315
;
(ii)
The court authorizes the action by specific order; or
(iii)
Notice of the action was given at least fourteen (14) days before the action to the adult and all persons entitled to the notice under Section
93-20-309(4)
or court order and no objection has been filed; and
(f)
Notify the court that the adult's dwelling or permanent residence has become so damaged by fire, flood, or other emergency circumstance that the guardian has had to temporarily or permanently relocate the adult to another residential setting.
(3)
In exercising a guardian's power under subsection (1)(c) to make health-care decisions, the guardian shall:
(a)
Involve the adult in decision-making to the extent reasonably feasible, including, when practicable, by encouraging and supporting the adult in understanding the risks and benefits of health-care options;
(b)
Defer to a decision by an agent under an advanced healthcare directive executed by the adult and cooperate to the extent feasible with the agent making the decision; and
(c)
Take into account:
(i)
The risks and benefits of treatment options; and
(ii)
The current and previous wishes and values of the adult, if known or reasonably ascertainable by the guardian.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.