l9n/ Mississippi

2020 Regular Session

Senate Bill 2874

Guardianships and conservatorships; revise GAP Act.

Became law as Chapter 344, Laws of 2020, signed June 23, 2020, 127 days after it was filed.

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 Senate

3 co-sponsors

Joey Fillingane, Briggs Hopson, Tyler McCaughn

Its course

February 17 to June 23, 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 action11 actions on 10 days

In the SenateFeb 17 to Mar 1123 days

Judiciary, Division AFeb 17 to Feb 2710 days

In the House of RepresentativesMar 11 to Jun 1192 days

Judiciary AMar 25 to Jun 370 days

With the GovernorJun 11 to Jun 2312 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 Senate Feb 17 โ€“ Mar 11

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

In the House of Representatives Mar 12 โ€“ Jun 11

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

To the Governor Jun 12 โ€“ Jun 23

  1. Returned to the Senate for enrolling
  2. Enrolled bill signed in the Senate
  3. Enrolled bill signed in the House
  4. Approved by the Governor
All 11 actions, as published