House Bill 1285

AN ACT TO CREATE THE MISSISSIPPI GUARDIANSHIP AND CONSERVATORSHIP ACT; TO ENACT A SHORT TITLE; TO PROVIDE DEFINITIONS; TO PROVIDE THAT THE PRINCIPLES OF LAW AND EQUITY ARE SUPPLEMENTAL TO THE ACT; TO PROVIDE SUBJECT-MATTER JURISDICTION; TO PROVIDE FOR TRANSFER OF PROCEEDINGS; TO ESTABLISH VENUE; TO CLARIFY APPLICATION OF THE RULES OF EVIDENCE, RULES OF CIVIL PROCEDURE AND RULES OF APPELLATE PROCEDURE; TO PROVIDE FOR ISSUANCE OF LETTERS OF GUARDIANSHIP OR CONSERVATORSHIP; TO PROVIDE THE EFFECT OF ACCEPTANCE OF APPOINTMENT AS A GUARDIAN OR CONSERVATOR; TO AUTHORIZE CO-GUARDIANS AND CO-CONSERVATORS; TO AUTHORIZE JUDICIAL APPOINTMENT OF SUCCESSORS; TO PROVIDE FOR THE EFFECT OF DEATH, REMOVAL OR RESIGNATION OF A GUARDIAN OR CONSERVATOR; TO REQUIRE NOTICE OF HEARINGS; TO ALLOW WAIVER OF NOTICE; TO AUTHORIZE APPOINTMENT OF A GUARDIAN AD LITEM; TO AUTHORIZE A PERSON TO REQUEST NOTICE; TO REQUIRE DISCLOSURE OF BANKRUPTCY OR CRIMINAL HISTORY; TO AUTHORIZE COMPENSATION AND REIMBURSEMENT OF EXPENSES; TO IMMUNIZE THOSE SERVING FROM LIABILITY FOR AN ACT OF THE WARD; TO AUTHORIZE ONE APPOINTED TO PETITION THE COURT FOR INSTRUCTION OR RATIFICATION; TO PROVIDE WHEN A THIRD PARTY NEED NOT ACCEPT THE AUTHORITY OF THE APPOINTEE; TO AUTHORIZE A TEMPORARY SUBSTITUTE GUARDIAN OR CONSERVATOR; TO AUTHORIZE REGISTRATION OF AN OUT-OF-STATE GUARDIAN OR CONSERVATOR; TO AUTHORIZE GUARDIANSHIP OF A MINOR; TO REQUIRE A PETITION FOR APPOINTMENT; TO REQUIRE NOTICE OF HEARING; TO AUTHORIZE APPOINTMENT OF AN ATTORNEY FOR THE MINOR; TO AUTHORIZE THE MINOR'S ATTENDANCE AT A HEARING; TO SPECIFY THE RIGHTS OF THE MINOR; TO AUTHORIZE A LIMITED GUARDIANSHIP; TO AUTHORIZE AN EMERGENCY GUARDIAN; TO PROVIDE THE DUTIES AND POWERS OF A GUARDIAN; TO PROVIDE FOR THE REMOVAL OF A GUARDIAN AND TERMINATION OF A GUARDIANSHIP; TO PROVIDE FOR THE GUARDIANSHIP OF AN ADULT; TO REQUIRE A PETITION FOR APPOINTMENT OF A GUARDIAN; TO REQUIRE NOTICE OF A HEARING; TO AUTHORIZE APPOINTMENT OF A GUARDIAN AD LITEM; TO REQUIRE PROFESSIONAL EVALUATION; TO SPECIFY THE RIGHTS OF THE ADULT AT A HEARING; TO PROVIDE FOR CONFIDENTIALITY OF RECORDS; TO SPECIFY WHO MAY BE A GUARDIAN; TO PROVIDE STANDARDS FOR AN ORDER APPOINTING A GUARDIAN FOR AN ADULT; TO REQUIRE NOTICE OF AN ORDER OF APPOINTMENT; TO AUTHORIZE AN EMERGENCY GUARDIAN FOR AN ADULT; TO SET FORTH THE DUTIES AND POWERS OF A GUARDIAN OF AN ADULT; TO AUTHORIZE LIMITATIONS ON THE GUARDIAN'S POWER; TO REQUIRE A GUARDIAN'S PLAN AND AUTHORIZE AMENDMENT THEREOF; TO REQUIRE WELL-BEING REPORTS AND MONITORING OF THE GUARDIANSHIP; TO AUTHORIZE REMOVAL OF A GUARDIAN AND APPOINTMENT OF A SUCCESSOR; TO PROVIDE FOR TERMINATION OR MODIFICATION; TO AUTHORIZE CONSERVATORSHIP OF THE ESTATE OF A WARD, WHETHER A MINOR OR AN ADULT; TO REQUIRE PETITION FOR APPOINTMENT OF A CONSERVATOR; TO PROVIDE FOR NOTICE AND HEARING; TO AUTHORIZE THE COURT TO ORDER PRESERVATION AND APPLICATION OF THE ESTATE DURING THE PENDENCY OF THE PROCEEDING; TO AUTHORIZE APPOINTMENT OF A GUARDIAN AD LITEM; TO AUTHORIZE APPOINTMENT OF AN ATTORNEY FOR THE RESPONDENT; TO REQUIRE PROFESSIONAL EVALUATION; TO SPECIFY THE RESPONDENT'S RIGHTS; TO PROVIDE FOR CONFIDENTIALITY; TO PROVIDE WHO MAY SERVE AS CONSERVATOR; TO REQUIRE AN ORDER APPOINTING A CONSERVATOR; TO REQUIRE NOTICE OF THE APPOINTMENT OF A CONSERVATOR; TO AUTHORIZE APPOINTMENT OF AN EMERGENCY CONSERVATOR; TO LIMIT THE POWERS OF A CONSERVATOR; TO PROVIDE FOR PETITION FOR CERTAIN RELIEF AFTER THE APPOINTMENT OF A CONSERVATOR; TO REQUIRE BOND, OATH AND ASSET-PROTECTION ARRANGEMENTS; TO REQUIRE CERTAIN TERMS FOR THE BOND; TO PROVIDE FOR THE DUTIES AND POWERS OF A CONSERVATOR; TO REQUIRE A CONSERVATOR'S PLAN AND AUTHORIZE AMENDMENT THERETO; TO REQUIRE INVENTORY AND RECORD-KEEPING; TO AUTHORIZE ADMINISTRATIVE POWERS OF A CONSERVATOR NOT REQUIRING COURT APPROVAL; TO AUTHORIZE DISTRIBUTION FROM THE CONSERVATORSHIP ESTATE; TO REQUIRE REPORTING, ACCOUNTING AND MONITORING; TO BAR ATTEMPTED TRANSFER OF PROPERTY BY THE WARD; TO AUTHORIZE VOIDING OF A TRANSACTION THAT CONSTITUTES A CONFLICT OF INTEREST; TO PROTECT PERSONS DEALING WITH A CONSERVATOR IN GOOD FAITH; TO AUTHORIZE PRESENTATION AND ALLOWANCE OF CLAIMS AGAINST THE ESTATE; TO PROVIDE FOR THE PERSONAL LIABILITY OF A CONSERVATOR; TO AUTHORIZE REMOVAL OF A CONSERVATOR AND APPOINTMENT OF A SUCCESSOR; TO AUTHORIZE TERMINATION OR MODIFICATION OF A CONSERVATORSHIP; TO AUTHORIZE CERTAIN TRANSFERS WITHOUT APPOINTMENT OF A CONSERVATOR IF IN THE BEST INTEREST OF A MINOR; TO AMEND SECTION 9-1-49, MISSISSIPPI CODE OF 1972, TO CONFORM A COURT CLERK'S RESPONSIBILITY TO SUBMIT CERTAIN INFORMATION TO THE DEPARTMENT OF PUBLIC SAFETY; TO AMEND SECTION 43-47-29, MISSISSIPPI CODE OF 1972, TO CONFORM THE AUTHORITY OF THE DEPARTMENT OF HUMAN SERVICES TO SEEK APPOINTMENT OF A CONSERVATOR FOR A VULNERABLE PERSON; TO AMEND SECTION 45-9-103, MISSISSIPPI CODE OF 1972, TO CONFORM PROVISIONS CONCERNING TRANSMISSION OF FEDERAL PROHIBITED-PERSON INFORMATION TO THE FBI; TO AMEND SECTIONS 81-5-62, 81-12-145 AND 81-14-363, MISSISSIPPI CODE OF 1972, TO CONFORM PROVISIONS CONCERNING ACCOUNTS PAYABLE UPON DEATH; TO AMEND SECTION 91-8-103, MISSISSIPPI CODE OF 1972, TO CONFORM DEFINITIONS WITH REGARD TO TRUST; TO AMEND SECTIONS 93-14-102 AND 93-14-302, MISSISSIPPI CODE OF 1972, TO CONFORM PROVISIONS AFFECTING JURISDICTION OF ADULT GUARDIANSHIP AND PROTECTION PROCEEDINGS; TO REPEAL SECTIONS 93-13-3 THROUGH 93-13-79, 93-13-111, 93-13-121 THROUGH 93-13-135, 93-13-151, 93-13-161, 93-13-181 THROUGH 93-13-187, 93-13-211 THROUGH 93-13-219, 93-13-251 THROUGH 93-13-267 AND 93-13-281, MISSISSIPPI CODE OF 1972, WHICH DEAL WITH GUARDIANSHIPS AND CONSERVATORSHIPS; TO DIRECT THAT TITLE 93, CHAPTER 13, MISSISSIPPI CODE OF 1972, BE RETITLED; TO MAKE TRANSITION PROVISIONS; AND FOR RELATED PURPOSES.

In the House of Representatives

• Mark Baker

  Sponsor

• House of Representatives floor amendmentAdopted

  Adopted Feb 12

l9n doesn't hold this bill's text yet.

In the House of Representatives Jan 21 – Feb 12

1. Jan 21Referred to the House committee on Judiciary A
2. Feb 5Reported from committee in the House: title sufficient, do pass
3. Feb 8Read the third time in the House
4. Feb 12Amended in the House
5. Passed the House as amended

In the Senate Feb 14 – Mar 5

1. Feb 14Sent to the Senate
2. Feb 27Referred to the Senate committee on Judiciary, Division A
3. Mar 5Died in committee in the Senate