§ 93-20-101. Short title
This chapter may be cited as the Mississippi Guardianship and Conservatorship Act.
§ 93-20-102. Definitions
In this chapter: “Adult” means an individual at least twenty-one (21) years of age or an emancipated individual under twenty-one (21) years of age. “Claim” includes a claim against an individual or conservatorship estate, whether arising in contract, tort, or otherwise. “Conservator” means a person appointed by a court to make decisions with respect to […]
§ 93-20-103. Supplemental principles of law and equity applicable
Unless displaced by a particular provision of this chapter, the principles of law and equity supplement its provisions.
§ 93-20-104. Subject-matter jurisdiction
Except to the extent jurisdiction is precluded by the Uniform Child Custody Jurisdiction and Enforcement Act (Title 93, Chapter 27, Mississippi Code of 1972), the chancery court has jurisdiction over a guardianship or conservatorship for a respondent domiciled or present in this state or having property in this state. After notice is given in a […]
§ 93-20-105. Transfer of proceeding
This section does not apply to a guardianship or conservatorship for an adult that is subject to the transfer provisions of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Title 93, Chapter 14, Mississippi Code of 1972). After appointment of a guardian or conservator, the court that made the appointment may transfer the proceeding […]
§ 93-20-106. Venue
Venue for a guardianship proceeding for a minor is in: The county in which the minor resides or is present at the time the proceeding commences; or The county in which another proceeding concerning the custody or parental rights of the minor is pending. Venue for a guardianship proceeding for an adult is in: The […]
§ 93-20-107. Practice in court
Except as otherwise provided in this chapter, the Mississippi Rules of Evidence and Mississippi Rules of Civil Procedure, including rules concerning appellate review, govern a proceeding under this chapter. If proceedings for a guardianship or conservatorship for the same individual are commenced or pending in the same court, the proceedings may be consolidated.
§ 93-20-108. Letters of guardianship or conservatorship
The clerk must issue letters of guardianship to a guardian who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court. The clerk must issue letters of conservatorship to a conservator who takes the proper oath, posts bond if required, and submits […]
§ 93-20-109. Effect of acceptance of appointment
By accepting appointment, a guardian or conservator submits to the personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.
§ 93-20-110. Co-guardian; co-conservator
When the court deems appropriate, the co-guardian or co-conservator must comply with Section 93-20-108.
§ 93-20-111. Judicial appointment of successor guardian or successor conservator
The court at any time may appoint a successor guardian or successor conservator to serve immediately as ordered by the court. 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 […]
§ 93-20-112. Effect of death, removal, or resignation of guardian or conservator
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). A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. […]
§ 93-20-113. Notice of hearing generally
Except as otherwise provided in Section 93-20-203, 93-20-303(3), or 93-20-403(3), if notice of a hearing under this chapter is required, the movant must give notice 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. Except as otherwise provided in […]
§ 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.
§ 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 […]
§ 93-20-116. Request for notice
A person may file with the court a request for notice under this chapter if the person is: Not otherwise entitled to notice under Section 93-20-203, 93-20-303(3), or 93-20-403(3); and Interested in the welfare of a respondent or ward. A request under subsection (1) must include a statement showing the interest of the person making […]
§ 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: Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; or Has been convicted of: A felony; A crime involving dishonesty, neglect, violence, or use of physical force; or Other crime relevant to the […]
§ 93-20-118. Compensation and expenses; in general
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. 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 […]
§ 93-20-119. Compensation of guardian or conservator
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 […]
§ 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.