reglab/statecodes huggingface dataset:
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-111 - Judicial appointment of successor guardian or successor conservator

(1)
The court at any time may appoint a successor guardian or successor conservator to serve immediately as ordered by the court.
(2)
A person entitled under Section
93-20-202
or
93-20-302
to petition the court to appoint a guardian may petition the court to appoint a successor guardian. A person entitled under Section
93-20-402
to petition the court to appoint a conservator may petition the court to appoint a successor conservator.
(3)
A successor guardian or successor conservator appointed to serve may act as guardian or conservator upon compliance with Section
93-20-108
.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-112 - Effect of death, removal, or resignation of guardian or conservator

(1)
The appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court approves a resignation of the guardian or conservator under subsection (2).
(2)
A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.
(3)
Death, removal, or resignation of a guardian or conservator does not affect liability for a previous act or the obligation to account for:
(a)
An action taken on behalf of the ward; or
(b)
The ward's funds or other property.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-113 - Notice of hearing generally

(1)
Except as otherwise provided in Section
93-20-203
,
93-20-303
or
93-20-403
, if notice of a hearing under this chapter is required, the movant must give notice under Rule 5 of the Mississippi Rules of Civil Procedure of the date, time, and place of the hearing to the person to be notified unless otherwise ordered by the court for good cause shown.
(2)
Proof of notice given of a hearing under this chapter must be made before or at the hearing and filed in the proceeding.
(3)
Notice given of a hearing under this chapter must be in at least sixteen-point font, in plain language, and, to the extent feasible, in a language in which the person to be notified is proficient.
(4)
Any person interested in the ward's welfare may file a motion to intervene as provided by Rule 24 of the Mississippi Rules of Civil Procedure.
Amended by Laws, 2020, ch. 344, SB 2874,§ 6, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-114 - Waiver of notice

Except as otherwise provided in this chapter, a person may waive notice under this chapter in a record signed by the person or person's attorney and filed in the proceeding. However, a respondent or ward may not waive notice under this chapter.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-115 - Guardian ad litem

The court at any time may appoint a guardian ad litem for an individual. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the respondent. The court shall state the duties of the guardian ad litem and the reasons for the appointment.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-116 - Request for notice

(1)
A person may file with the court a request for notice under this chapter if the person is:
(a)
Not otherwise entitled to notice under Section
93-20-203
, Section
93-20-303
or Section
93-20-403
; and
(b)
Interested in the welfare of a respondent or ward.
(2)
A request under subsection (1) must include a statement showing the interest of the person making the request and the address of the person or an attorney for the person to whom notice is to be given.
(3)
If the court approves a request under subsection (1), the court must give notice of the approval to the guardian or conservator, if one has been appointed, or to the respondent if no guardian or conservator has been appointed.
Amended by Laws, 2020, ch. 344, SB 2874,§ 7, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-117 - Disclosure of bankruptcy or criminal history

Before accepting appointment as a guardian or conservator, a person must disclose to the court whether the person:
(a)
Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; or
(b)
Has been convicted of:
(i)
A felony;
(ii)
A crime involving dishonesty, neglect, violence, or use of physical force; or
(iii)
Other crime relevant to the functions the person would assume as guardian or conservator.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-118 - Compensation and expenses; in general

(1)
An attorney for a respondent in a proceeding under this chapter may be awarded reasonable compensation for services and reasonable expenses in the discretion of the court.
(2)
An attorney or other person whose services resulted in an order beneficial to a ward may be awarded reasonable compensation for services and reasonable expenses in the discretion of the court.
(3)
The court must approve compensation and expenses payable under this section before payment. Approval is not required before a service is provided or an expense is incurred.
(4)
If the court dismisses a petition under this chapter and determines the petition was filed in bad faith, the court may assess any costs and attorney's fees the court deems appropriate.
Amended by Laws, 2020, ch. 344, SB 2874,§ 8, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-119 - Compensation of guardian or conservator

(1)
Subject to court approval, a guardian may be awarded reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the ward. If a conservator other than the guardian or a person affiliated with the guardian is appointed for the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator in the discretion of the court.
(2)
Subject to court approval, a conservator may be awarded reasonable compensation for services and reimbursement for appropriate expenses from the property of the ward in the discretion of the court.
(3)
In determining reasonable compensation for a guardian or conservator, the court shall consider:
(a)
The necessity and quality of the services provided;
(b)
The experience, training, professional standing, and skills of the guardian or conservator;
(c)
The difficulty of the services performed, including the degree of skill and care required;
(d)
The conditions and circumstances under which a service was performed, including whether the service was provided outside regular business hours or under dangerous or extraordinary conditions;
(e)
The effect of the services on the ward;
(f)
The extent to which the services provided were or were not consistent with the guardian's plan under Section
93-20-315
or conservator's plan under Section
93-20-419
; and
(g)
The fees customarily paid to a person that performs a like service in the community.
(4)
A guardian or conservator need not use personal funds of the guardian or conservator for the expenses of the ward.
(5)
If a ward seeks to modify or terminate the guardianship or conservatorship or remove the guardian or conservator, the court may order compensation to the guardian or conservator for time spent opposing modification, termination, or removal only to the extent the court determines the opposition was reasonably necessary to protect the interest of the ward.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-120 - Liability of guardian or conservator for act of ward

A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the ward.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-121 - Petition after appointment for instruction or ratification

(1)
A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship.
(2)
On notice and hearing on a petition under subsection (1), the court may give an instruction and issue an appropriate order.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-122 - Third-party acceptance of authority of guardian or conservator

(1)
A person may choose to not recognize the authority of a guardian or conservator to act on behalf of a ward if:
(a)
The person has actual knowledge or a reasonable belief that the letters of guardianship or conservatorship are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or
(b)
The person has actual knowledge that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(2)
A person may refuse to recognize the authority of a guardian or conservator to act on behalf of a ward if:
(a)
The guardian's or conservator's proposed action would be inconsistent with this chapter; or
(b)
The person makes, or has actual knowledge that another person has made, a report to a government agency providing protective services to adults or children stating a good-faith belief that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
(3)
A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.
(4)
A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the ward.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-123 - Temporary substitute guardian or conservator

(1)
The court may appoint a temporary substitute guardian or conservator for a ward in the discretion of the court.
(2)
Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated in the order of appointment of the guardian or conservator. The authority of the existing guardian or conservator is suspended for as long as the temporary substitute guardian or conservator has authority.
(3)
Notice of appointment of a temporary substitute guardian or temporary substitute conservator shall be given to the ward and all interested parties as directed by the court.
(4)
The court may remove a temporary substitute guardian or temporary substitute conservator at any time. The temporary substitute guardian or temporary substitute conservator must make any report the court requires.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-124 - Registration of order; effect

(1)
If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in this state by filing certified copies of the order and letters of guardianship as a foreign judgment in a court of an appropriate county of this state.
(2)
If a conservator has been appointed in another state for an individual, and a petition for conservatorship for the individual is not pending in this state, the conservator appointed for the individual in the other state, after giving notice to the appointing court, may register the conservatorship in this state by filing certified copies of the order of conservatorship, letters of conservatorship, and any bond or other asset-protection arrangement required by the court as a foreign judgment in a court of a county in which property belonging to the individual is located.
(3)
Upon registration under this section of a guardianship or conservatorship order from another state, the guardian or conservator may exercise in this state all powers authorized in the order except as prohibited by this chapter and law of this state other than this chapter. If the guardian or conservator is not a resident of this state, the guardian or conservator may maintain an action or proceeding in this state subject to any condition imposed by this state on an action or proceeding by a nonresident party.
(4)
The court may grant any relief available under this chapter and law of this state other than this chapter to enforce an order registered under this section.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125) › Section 93-20-125 - Transition provisions

Except as otherwise provided in this chapter:
(a)
This chapter applies to all guardianship and conservatorship proceedings commenced on or after January 1, 2020;
(b)
This chapter applies to all guardianship and conservatorship proceedings commenced before January 1, 2020, unless the court, in its discretion, determines that the superseded law should apply. The requirements of this chapter providing for increased court oversight and periodic monitoring do not require that a new proceeding be commenced; and
(c)
An act done before January 1, 2020, is not affected by this chapter.
Amended by Laws, 2020, ch. 344, SB 2874,§ 9, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-201 - Basis for appointment of guardian for minor

(1)
A person becomes a guardian for a minor only on appointment by the court.
(2)
The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor's best interest, and:
(a)
Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
(b)
All parental rights have been terminated; or
(c)
There is clear and convincing evidence that no parent of the minor is willing or able to exercise the powers the court is granting the guardian.
(3)
The guardian for a minor is not required to retain an attorney of record for the guardianship if the court finds that this would impose an undue burden on the ward's estate.
Amended by Laws, 2020, ch. 344, SB 2874,§ 10, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-202 - Petition for appointment of guardian for minor

(1)
A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor.
(2)
A petition under subsection (1) must comply with the requirement for an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972) and must also include:
(a)
The name and address of any attorney for the parents of the minor;
(b)
The reason guardianship is sought and would be in the best interest of the minor;
(c)
The name and address of any proposed guardian and the reason the proposed guardian should be selected; and
(d)
If the minor has property other than personal effects, a general statement of the minor's property with an estimate of its value.
(3)
Notice of a hearing on a petition filed after the appointment of a guardian which seeks an order under this article, together with a copy of the petition, must be given to the ward, the guardian, the parents of the ward, and any other person the court determines.
Amended by Laws, 2020, ch. 344, SB 2874,§ 11, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-203 - Notice of hearing for appointment of guardian for minor

(1)
If a petition is filed under Section
93-20-202
, the court must set a date, time and place for a hearing, and the petitioner must cause summons to be issued and served not less than seven (7) days before the hearing, together with a copy of the petition, on each of the following who is not the petitioner:
(a)
The minor, if the minor will be fourteen (14) years of age or older at the time of the hearing;
(b)
Each parent of the minor who can be found with reasonable diligence or, if there is none, the adult nearest in kinship who can be found with reasonable diligence; and
(c)
Each individual who had primary care or custody of the minor for at least sixty (60) days during the six (6) months immediately before the filing of the petition.
(2)
For any other person the court determines should know of the proceedings, notice must be provided under Rule 5 of the Mississippi Rules of Civil Procedure.
(3)
A petition under this article must state the name and address of an attorney representing the petitioner, if any, and must set forth under the style of the case and before the body of the petition the following language in bold or highlighted type:
"THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."
(4)
If a petitioner is unable to serve summons under subsection (1)(a), the court may appoint a guardian ad litem for the minor for the purpose of receiving summons.
Amended by Laws, 2020, ch. 344, SB 2874,§ 12, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-204 - Attorney for minor

The court may appoint an attorney to represent a minor who is the subject of a proceeding under Section
93-20-202
if:
(a)
Requested by the minor who is fourteen (14) years of age or older;
(b)
Recommended by a guardian ad litem; or
(c)
The court determines the minor needs representation.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-205 - Rights at hearing

(1)
The court shall require a minor who is the subject of a hearing for appointment of a guardian to attend the hearing and allow the minor to participate in the hearing unless the court determines, by clear and convincing evidence presented at the hearing or at a separate hearing, that:
(a)
The minor consistently and repeatedly refused to attend the hearing after being fully informed of the right to attend and, if the minor is fourteen (14) years of age or older, the potential consequences of failing to do so;
(b)
There is no practicable way for the minor to attend the hearing;
(c)
The minor lacks the ability or maturity to participate meaningfully in the hearing; or
(d)
Attendance would be harmful to the minor.
(2)
Unless excused by the court for good cause shown, the person proposed to be appointed as guardian for a minor must attend a hearing for appointment of a guardian.
(3)
Each parent of a minor who is the subject of a hearing for appointment of a guardian has the right to attend the hearing.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-206 - Order on appointment; limited guardianship for minor

(1)
After a hearing the court may appoint a guardian for a minor, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter.
(2)
In appointing a guardian under subsection (1), the following apply:
(a)
The court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor.
(b)
If multiple parents have nominated different persons to serve as guardian, the court shall appoint the nominee whose appointment is in the best interest of the minor, unless the court finds that appointment of none of the nominees is in the best interest of the minor.
(c)
If a guardian is not appointed under paragraph (a) or (b), the court shall appoint the person nominated by the minor if the minor is fourteen (14) years of age or older unless the court finds that appointment is contrary to the best interest of the minor. In that case, the court shall appoint as guardian a person whose appointment is in the best interest of the minor.
(3)
In the interest of maintaining or encouraging involvement by a minor's parent in the minor's life, developing self-reliance of the minor, or for other good cause, the court, at the time of appointment of a guardian for the minor or later, on its own or on motion of the minor or other interested person, may create a limited guardianship by limiting the powers otherwise granted by this article to the guardian. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.
(4)
The court, as part of an order appointing a guardian for a minor, shall state rights retained by any parent of the minor, which may include contact or visitation with the minor, decision-making regarding the minor's health care, education, or other matter, or access to a record regarding the minor.
(5)
An order granting a guardianship for a minor must state that each parent of the minor is entitled to notice that:
(a)
The location of the minor's residency has changed;
(b)
The court has modified or limited the powers of the guardian; or
(c)
The court has removed the guardian.
Amended by Laws, 2020, ch. 344, SB 2874,§ 13, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-207 - Emergency guardian for minor

(1)
On a petition by a person interested in a minor's welfare or a petition filed under Section
93-20-202
, the court may appoint an emergency guardian for the minor if the court finds:
(a)
Appointment of an emergency guardian is likely to prevent substantial harm to the minor's health, safety, or welfare; and
(b)
No other person appears to have authority and willingness to act in the circumstances.
(2)
The duration of authority of an emergency guardian for a minor may not exceed sixty (60) days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian's authority may be extended one (1) time for not more than sixty (60) days if the court finds that the conditions for appointment of an emergency guardian in subsection (1) continue.
(3)
Except as otherwise provided in subsection (4), summons giving reasonable notice of the date, time, and place of a hearing on a petition for appointment of an emergency guardian for a minor must be given to:
(a)
The minor, if the minor is fourteen (14) years of age or older;
(b)
Any attorney appointed under Section
93-20-204
;
(c)
Each parent of the minor;
(d)
Any person, other than a parent, having care or custody of the minor; and
(e)
Any other person the court determines.
(4)
The court may appoint an emergency guardian for a minor under subsection (3) without notice or a hearing only if the court finds from an affidavit or testimony that the minor's health, safety, or welfare will be substantially harmed before a hearing after notice of the appointment could be held. If the court appoints an emergency guardian to an unrepresented minor or the attorney for a represented minor without notice, notice of the appointment must be given not later than forty-eight (48) hours after the appointment to the individuals listed in subsection (3) and summons must be issued on continuation of the guardianship. The court must hold a hearing on continuation of a guardianship within five (5) days of any objection or other contest. Not later than five (5) days after the appointment, the court must hold a hearing on the appropriateness of the appointment.
(5)
Appointment of an emergency guardian under this section, with or without notice, is not a determination that a basis exists for appointment of a guardian under Section
93-20-201
.
(6)
The court may remove an emergency guardian appointed under this section at any time. The emergency guardian must make any report the court requires.
Amended by Laws, 2020, ch. 344, SB 2874,§ 14, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-208 - Duties of guardian for minor

(1)
A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian must act in the minor's best interest and exercise reasonable care, diligence, and prudence.
(2)
A guardian for a minor must:
(a)
Become personally acquainted with the minor and maintain sufficient contact with the minor to know and report to the court the minor's abilities, limitations, needs, opportunities, and physical and mental health;
(b)
Take reasonable care of the minor's personal effects and bring a proceeding for a conservatorship if necessary to protect other property of the minor;
(c)
Expend funds of the minor that have been received by the guardian for the minor's current needs for support, care, education, health, safety, and welfare;
(d)
Conserve any funds of the minor not expended under paragraph (c) for the minor's future needs, but if a conservator is appointed for the minor, pay the funds as directed by the court to the conservator to be conserved for the minor's future needs;
(e)
Report the condition of the minor and account for funds and other property of the minor in the guardian's possession or subject to the guardian's control, as required by court rule or ordered by the court on application of a person interested in the minor's welfare;
(f)
Inform the court of any change in the minor's dwelling or address; and
(g)
In determining what is in the minor's best interest, take into account the minor's preferences to the extent actually known or reasonably ascertainable by the guardian.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-209 - Powers of guardian for minor

(1)
Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor's support, care, education, health, safety, and welfare.
(2)
Except as otherwise limited by court order, a guardian for a minor may:
(a)
Apply for and receive funds up to the amount set forth in Section
93-20-431
and benefits otherwise payable for the support of the minor to the minor's parent, guardian, or custodian under a statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship.
(b)
Unless inconsistent with a court order entitled to recognition in this state, take custody of the minor and establish the minor's place of dwelling and, on authorization of the court, establish or move the minor's dwelling outside this state.
(c)
If the minor is not subject to conservatorship, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the minor or make a payment for the benefit of the minor;
(d)
Consent to health or other care, treatment, or service for the minor; or
(e)
To the extent reasonable, delegate to the minor responsibility for a decision affecting the minor's well-being.
(3)
The court may authorize a guardian for a minor to consent to the adoption of the minor if the minor does not have a parent.
(4)
A guardian for a minor may consent to the marriage of the minor if authorized by the court.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 2 - GUARDIANSHIP OF MINOR (§§ 93-20-201 — 93-20-210) › Section 93-20-210 - Removal of guardian for minor; termination of guardianship; appointment of successor

(1)
Guardianship for a minor under this chapter terminates:
(a)
On the minor's death, adoption, emancipation, attainment of majority, or on a date set by the court; or
(b)
When the court finds that the standard in Section
93-20-201
for appointment of a guardian is not satisfied, unless the court finds that:
(i)
Termination of the guardianship would be harmful to the minor; and
(ii)
The minor's interest in the continuation of the guardianship outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor.
(2)
A ward or any party may petition the court to terminate the guardianship, modify the guardianship, remove the guardian and appoint a successor guardian.
(3)
A petitioner under subsection (2) must give notice of the hearing on the petition to the minor, if the minor is fourteen (14) years of age or older and is not the petitioner, and to the guardian, each parent of the minor, and any other person the court determines.
(4)
Not later than thirty (30) days after appointment of a successor guardian for a minor, notice must be given of the appointment to the ward, if the minor is fourteen (14) years of age or older, to each parent of the minor, and to any other person the court determines.
(5)
When terminating a guardianship for a minor under this section, the court may issue an order providing for transitional arrangements that will assist the minor with a transition of custody and that is in the best interest of the minor.
(6)
A guardian for a minor who is removed must cooperate with a successor guardian to facilitate transition of the guardian's responsibilities and protect the best interest of the minor.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-301 - Basis for appointment of guardian for adult

(1)
The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because:
(a)
The adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance; or
(b)
The adult is found to be a person with mental illness or a person with an intellectual disability as defined in Section
41-21-61
who is also incapable of taking care of his or her person.
(2)
The court shall grant to a guardian only those powers necessitated by the limitations and demonstrated needs of the ward and must enter orders that will encourage the development of the ward's maximum self-determination and independence. The court must consider any less restrictive alternative that would meet the needs of the ward.
Amended by Laws, 2020, ch. 344, SB 2874,§ 15, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-302 - Petition for appointment of guardian for adult

(1)
A proceeding under this article may be instituted by the chancellor or clerk of the chancery court, any relative or friend of the adult, or any other interested party, including the adult for whom the order is sought, by filing a sworn petition in the chancery court of the county of the residence of the adult, setting forth that the adult is alleged to be in need of a guardianship.
(2)
The petition must state the name and address of an attorney representing the petitioner, if any, and must set forth under the style of the case and before the body of the petition the following language in bold or highlighted type:
"THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."
(3)
The guardian for an adult is not required to retain an attorney of record for the guardianship if the court finds that this would impose an undue burden on the ward's estate.
Amended by Laws, 2020, ch. 344, SB 2874,§ 16, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-303 - Notice of hearing for appointment of guardian for adult; notice of hearing after appointment of guardian

Notice of hearing for appointment of guardian for adult; notice of hearing after appointment of guardian.
(1)
On receipt of a petition under Section
93-20-302
for appointment of a guardian for a respondent who is an adult, the court must set a date, time and place for a hearing, and unless the court finds that the adult for whom the guardian is to be appointed is competent and joins in the petition, the petitioner must cause summons to be served not less than seven (7) days before the hearing, together with a copy of the petition, on the adult for whom the guardian is to be appointed. The court may, for good cause shown, direct that a shorter notice be given.
(2)
Unless the court finds that the adult for whom the guardian is to be appointed is competent and joins in the petition, summons must also issue to:
(a)
Any conservator appointed to the respondent;
(b)
At least one (1) adult relative of the respondent who resides in Mississippi from the following group in the listed order of preference: spouse, children, parents, siblings; but if none of those can be found:
(i)
To one (1) adult relative of the respondent who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship.
(ii)
If no relative within the third degree of kinship to the respondent is found residing in the State of Mississippi, the court shall either designate some other appropriate person to receive the summons or appoint a guardian ad litem to receive the summons.
(3)
In a proceeding on a petition under this article, notice of the hearing must also be given to any other person the court determines is entitled to notice. Failure to give notice does not preclude the court from appointing a guardian.
(4)
If the person for whom the guardian is to be appointed is entitled to any benefit, estate or income paid or payable by or through the Veterans' Administration of the United States government, such administration must also be given a summons.
(5)
Notice of a hearing on a petition seeking an order under this article that is filed after the appointment of a guardian, together with a copy of the petition, must be given to the ward, the guardian, and any other person the court determines.
Amended by Laws, 2020, ch. 344, SB 2874,§ 17, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-304 - Appointment of guardian ad litem

The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made except when the court considers it necessary for the protection of the interest of the respondent; a judgment of any court is not void or erroneous for failure to have a guardian ad litem.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-305 - Professional evaluation

(1)
The chancery court must conduct a hearing to determine whether a guardian is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem to look after the interest of the person in question; the guardian ad litem must be present at the hearing and present the interests of the respondent for whose person a guardian is to be appointed.
(2)
The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the respondent by the following professionals, each of whom shall make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case
(a)
Two (2) licensed physicians; or
(b)
One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician's assistant.
(3)
The personal examination may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audio-visual connection by a physician licensed in this state and as defined in Section
83-9-351
. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-306 - Rights at hearing

(1)
At a hearing held under this article, the respondent may:
(a)
Present evidence and subpoena witnesses and documents;
(b)
Examine witnesses; and
(c)
Otherwise participate in the hearing.
(2)
Unless excused by the court for good cause shown, a proposed guardian must attend a hearing under this article.
(3)
A hearing under this article must be closed upon request of the respondent and a showing of good cause.
(4)
Any person may request to participate in a hearing under this article. The court may grant the request, with or without a hearing, on determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person's participation.
Amended by Laws, 2020, ch. 344, SB 2874,§ 18, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-307 - Confidentiality of records

(1)
An adult subject to a proceeding for a guardianship, an attorney designated by the adult, and a person entitled to notice either under Section
93-20-309(4)
or a court order may access court records of the proceeding and resulting guardianship, including the guardian's plan under Section
93-20-315
and guardian's well-being report under Section
93-20-316
. A person not otherwise entitled to access court records under this subsection may petition the court for access to court records of the guardianship, including the guardian's report and plan, for good cause. The court shall grant access if access is in the best interest of the respondent or ward or furthers the public interest and does not endanger the welfare or financial interests of the respondent or ward.
(2)
A report under Section
93-20-304
of a guardian ad litem or a professional evaluation under Section
93-20-305
may be considered confidential and may be sealed on filing when determined necessary by the court. If the court finds the file should be sealed, the file will remain available to:
(a)
The court;
(b)
The individual who is the subject of the report or evaluation, without limitation as to use;
(c)
The petitioner, guardian ad litem, and petitioner's and respondent's attorneys, for purposes of the proceeding;
(d)
Unless the court orders otherwise, an agent appointed under a power of attorney for health care or power of attorney for finances in which the respondent is the principal; and
(e)
Any other person if it is in the public interest or for a purpose the court orders for good cause.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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 93-20-308 - Who may be guardian for adult

(1)
Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent. If two (2) or more persons have requested responsibility as guardian for the adult, the court shall select as guardian the person the court considers best qualified. In determining the best qualified person, the court shall consider the person's relationship with the respondent, the person's skills, the expressed wishes of the respondent, including any designation made in a will, durable power of attorney, or health-care directive, the extent to which the person and the respondent have similar values and preferences, and the likelihood the person will be able to perform the duties of a guardian successfully. The court, acting in the best interest of the respondent, may decline to appoint as guardian a person requesting such an appointment.
(2)
If a qualified guardian under this section cannot be determined, or if other circumstances arise where the court determines that a guardian must instead be appointed, the court, at its discretion, may appoint the chancery court clerk for the county in which the proceedings were filed, to serve as the respondent's guardian. The chancery court clerk shall serve in the capacity ordered by the court unless a conflict of interest arises or the clerk presents circumstances where the court determines the clerk's recusal from appointment is permitted.
(3)
A person that provides paid services to the respondent, or an individual who is employed by a person who provides paid services to the respondent or is the spouse, parent, or child of an individual who provides or is employed to provide paid services to the respondent, may not be appointed as guardian unless:
(a)
The individual is related to the respondent by blood, marriage, or adoption; or
(b)
The court finds by clear and convincing evidence that the person is the best qualified person available for appointment and the appointment is in the best interest of the respondent.
(4)
An owner, operator, or employee of a long-term-care institution at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.