Senate Bill 2828

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 ENACT TRANSITION PROVISIONS; 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 THEREOF; 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 TRUSTS; 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 AND CONFORM AGE OF MAJORITY; 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; AND FOR RELATED PURPOSES.

In the Senate

• Joey Fillingane

  Sponsor

• House of Representatives committee amendmentAdopted

  Adopted Mar 13

• House of Representatives floor amendmentPending

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

In the Senate Jan 21 – Feb 12

1. Jan 21Referred to the Senate committee on Judiciary, Division A
2. Feb 5Reported from committee in the Senate: title sufficient, do pass as a committee substitute
3. Feb 12Committee substitute adopted in the Senate
4. Passed the Senate

In the House of Representatives Feb 13 – Mar 13

1. Feb 13Sent to the House
2. Feb 19Referred to the House committee on Judiciary A
3. Feb 26Reported from committee in the House: title sufficient, do pass as amended
4. Mar 12Read the third time in the House
5. Mar 13Amended in the House
6. Passed the House as amended

Back in the Senate Mar 14 – Apr 5

1. Mar 14Returned to the Senate to concur in the House's amendments
2. Mar 21Concurred in the Senate in the House's amendments
3. Apr 5Enrolled bill signed in the Senate

To the Governor Apr 5 – Apr 16

1. Apr 5Enrolled bill signed in the House
2. Apr 16Approved by the Governor