l9n/ Mississippi

2020 Regular Session

House Bill 1136

Guardianships and Conservatorships; revise provision for proceedings.

Did not become law. It stopped in the Senate's Judiciary, Division A Committee on June 9, 2020. The 2020 session has ended.

What it does

The synopsis the Legislature published with the bill.

AN ACT TO AMEND SECTION 93-20-102, MISSISSIPPI CODE OF 1972, TO REVISE DEFINITIONS PERTAINING TO GUARDIANSHIPS AND CONSERVATORSHIPS; TO AMEND SECTION 93-20-104, MISSISSIPPI CODE OF 1972, TO CLARIFY JURISDICTION UNDER THE ACT WHEN PROCEEDINGS MAY BE INSTITUTED OR ONGOING IN A DIFFERENT COURT; TO AMEND SECTION 93-20-105, MISSISSIPPI CODE OF 1972, TO CLARIFY THE REQUIRED GIVING OF NOTICE AND SUMMONS UNDER THE ACT; TO AMEND SECTIONS 93-20-107 AND 93-20-108, MISSISSIPPI CODE OF 1972, TO AUTHORIZE COMBINING PROCEEDINGS AND LETTERS OF GUARDIANSHIP AND CONSERVATORSHIP WHEN THE GUARDIAN AND CONSERVATOR ARE THE SAME PERSON AND TO REQUIRE SUBSCRIPTION TO AN OATH BY A FIDUCIARY; TO AMEND SECTION 93-20-113, MISSISSIPPI CODE OF 1972, TO CLARIFY REQUIREMENTS REGARDING NOTICE AND SUMMONS; TO AMEND SECTION 93-20-116, MISSISSIPPI CODE OF 1972, TO CONFORM INTERNAL REFERENCES; TO AMEND SECTION 93-20-118, MISSISSIPPI CODE OF 1972, TO INCLUDE PAYMENT OF ATTORNEY'S FEES IN CASES WHERE A PETITION IS FILED IN BAD FAITH; TO AMEND SECTION 93-20-125, MISSISSIPPI CODE OF 1972, TO REVISE TRANSITION AND CONFLICT OF LAW PROVISIONS; TO AMEND SECTION 93-20-201, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO DISPENSE WITH LEGAL REPRESENTATION IF THAT WOULD IMPOSE AN UNDUE BURDEN ON THE WARD'S ESTATE; TO AMEND SECTION 93-20-202, MISSISSIPPI CODE OF 1972, TO REVISE THE PARTIES GIVEN NOTICE OF A PETITION FOR APPOINTMENT OF A GUARDIAN OF A MINOR; TO AMEND SECTION 93-20-203, MISSISSIPPI CODE OF 1972, TO REVISE NOTICE AND SUMMONS; TO AMEND SECTION 93-20-206, MISSISSIPPI CODE OF 1972, TO CLARIFY THE HEARING REQUIRED BEFORE APPOINTMENT OF A GUARDIAN FOR A MINOR AND NOTICE OF SUBSEQUENT PROCEEDINGS; TO AMEND SECTION 93-20-207, MISSISSIPPI CODE OF 1972, TO CLARIFY NOTICE AND SUMMONS; TO AMEND SECTION 93-20-301, MISSISSIPPI CODE OF 1972, TO CLARIFY THE POWERS GRANTED TO A GUARDIAN OF AN ADULT; TO AMEND SECTION 93-20-302, MISSISSIPPI CODE OF 1972, TO AUTHORIZE THE COURT TO DISPENSE WITH LEGAL REPRESENTATION IF THAT WOULD IMPOSE AN UNDUE BURDEN ON THE WARD'S ESTATE; TO AMEND SECTION 93-20-303, MISSISSIPPI CODE OF 1972, TO CLARIFY THE HEARING REQUIRED BEFORE APPOINTMENT OF A GUARDIAN FOR AN ADULT AND NOTICE OF SUBSEQUENT PROCEEDINGS; TO AMEND SECTION 93-20-306, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONDENT'S RIGHTS AT A HEARING ON A PETITION TO APPOINT A GUARDIAN FOR AN ADULT; TO AMEND SECTION 93-20-309, MISSISSIPPI CODE OF 1972, TO CLARIFY THE NECESSITY OF SUMMONS GIVEN TO AN ADULT RESPONDENT; TO AMEND SECTION 93-20-310, MISSISSIPPI CODE OF 1972, TO CONFORM INTERNAL REFERENCES; TO AMEND SECTION 93-20-311, MISSISSIPPI CODE OF 1972, TO CLARIFY THE NECESSITY OF SUMMONS ISSUED FOR THE CONTINUATION OF AN EMERGENCY GUARDIANSHIP OF AN ADULT; TO AMEND SECTION 93-20-403, MISSISSIPPI CODE OF 1972, TO CLARIFY THE HEARING REQUIRED BEFORE APPOINTMENT OF A CONSERVATOR AND NOTICE OF SUBSEQUENT PROCEEDINGS; TO AMEND SECTION 93-20-405, MISSISSIPPI CODE OF 1972, TO CLARIFY THE APPOINTMENT AND ROLE OF A GUARDIAN AD LITEM; TO AMEND SECTION 93-20-407, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN PROFESSIONAL EXAMINATION OF A MINOR IS REQUIRED BEFORE APPOINTMENT OF A CONSERVATOR; TO AMEND SECTION 93-20-408, MISSISSIPPI CODE OF 1972, TO CLARIFY THE RESPONDENT'S RIGHTS AT A HEARING ON A PETITION TO APPOINT A CONSERVATOR; TO AMEND SECTION 93-20-411, MISSISSIPPI CODE OF 1972, TO CLARIFY WHEN COSTS ARE NOT TO BE ASSESSED TO THE PETITIONER AND TO MAKE A TECHNICAL CORRECTION; TO AMEND SECTION 93-20-413, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT SUMMONS MUST ISSUE FOR THE CONTINUATION OF A CONSERVATORSHIP; TO AMEND SECTION 93-20-431, MISSISSIPPI CODE OF 1972, RELATING TO PAYMENT OF SETTLEMENT PROCEEDS WITHOUT APPOINTMENT OF A CONSERVATOR; TO REPEAL AS DUPLICATIVE SECTIONS 93-14-401, 92-14-402 AND 93-14-403, MISSISSIPPI CODE OF 1972, WHICH CONSTITUTE ARTICLE 4 OF THE UNIFORM ADULT GUARDIANSHIP AND PROTECTIVE PROCEEDINGS JURISDICTION ACT AND DEAL WITH THE REGISTRATION AND RECOGNITION OF FOREIGN ORDERS OF GUARDIANSHIP AND CONSERVATORSHIP; AND FOR RELATED PURPOSES.

Sponsors

Who carried the bill in each chamber, and who signed on. Each name leads to the member's page.

In the House of Representatives

1 co-sponsor

Carl Mickens

Its course

February 17 to June 9, 2020, on one scale. In the top row each mark is a day something happened; taller marks are busier days.

Each committee stop sits inside its chamber.

Every action6 actions on 6 days

In the House of RepresentativesFeb 17 to Mar 1123 days

Judiciary AFeb 17 to Mar 315 days

In the SenateMar 11 to Jun 9 · stopped90 days

Judiciary, Division AMay 11 to Jun 9 · stopped29 days

Text

Each version as the Legislature printed it.

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

What happened

In l9n's words, one line for each step. Every action as the Legislature published it is below.

In the House of Representatives Feb 17 – Mar 11

  1. Referred to the House committee on Judiciary A
  2. Reported from committee in the House: title sufficient, do pass
  3. Passed the House

In the Senate Mar 12 – Jun 9

  1. Sent to the Senate
  2. Referred to the Senate committee on Judiciary, Division A
  3. Died in committee in the Senate
All 6 actions, as published