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 93-20-316 - Guardian's well-being report; monitoring of guardianship

(1)
If there is a significant change in circumstances, or if the guardian seeks to deviate significantly from the guardian's plan, a guardian must file with the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian's possession or subject to the guardian's control within ninety (90) days after being so ordered by the court.
(2)
A report under subsection (1) must state:
(a)
The mental, physical, and social condition of the adult;
(b)
The living arrangements of the adult during the reporting period;
(c)
A summary of any technological assistance, medical services, educational and vocational services, and other supports and services provided to the adult and the guardian's opinion as to the adequacy of the adult's care;
(d)
A summary of the guardian's visits with the adult, including the dates of the visits;
(e)
Action taken on behalf of the adult;
(f)
The extent to which the adult has participated in decision-making;
(g)
If the adult is living in a mental health facility or living in a facility that provides the adult with health-care or other personal services, whether the guardian considers the facility's current plan for support, care, treatment, or habilitation consistent with the adult's preferences, values, prior directions, and best interest;
(h)
Any business relation the guardian has with a person the guardian has paid or that has benefited from the property of the adult;
(i)
A copy of the guardian's most recently approved plan under Section
93-20-315
and a statement whether the guardian has deviated from the plan and, if so, how the guardian has deviated and why;
(j)
Plans for future care and support of the adult;
(k)
A recommendation as to the need for continued guardianship and any recommended change in the scope of the guardianship, when determined applicable by the court;
(l)
Whether any co-guardian or successor guardian appointed to serve when a designated event occurs is alive and able to serve;
(m)
Photographs of the adult ward and the adult ward's living conditions, as required by the court at its discretion; and
(n)
Any amounts requested for reimbursement by the guardian of fees related to the administration of the guardianship or legal fees incurred for matters related to the guardianship.
(3)
The court may appoint a guardian ad litem to review a report submitted under this section or any guardian's plan submitted under Section
93-20-315
, interview the guardian or ward, or investigate any other matter involving the guardianship.
(4)
Notice of the filing under this section of a guardian's well-being report, together with a copy of the report, must be given to the adult ward, the adult ward's spouse, parents, children, and any other person the court determines. The notice and report must be delivered not later than fourteen (14) days after the filing.
(5)
The court must establish procedures for monitoring a report submitted under this section and review each report at least annually to determine whether:
(a)
The report provides sufficient information to establish if the guardian has complied with the guardian's duties;
(b)
The guardianship should continue; and
(c)
The guardian's requested fees, if any, should be approved.
(6)
If the court determines there is reason to believe a guardian for an adult has not complied with the guardian's duties or the guardianship should be modified or terminated, the court:
(a)
Shall notify the adult ward, the adult ward's spouse, parents, children, and persons entitled to notice under Section
93-20-309(4)
or a court order;
(b)
May appoint a guardian ad litem to interview the adult or guardian or investigate any matter involving the guardianship; and
(c)
May hold a hearing to consider removal of the guardian, termination of the guardianship, or a change in the powers granted to the guardian or terms of the guardianship.
(7)
A guardian for an adult may petition the court for approval of a report filed under this section. The court after review may approve the report. If the court approves the report, there is a rebuttable presumption the report is accurate as to a matter adequately disclosed in the report.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.