Bill
Bill > HB1136
summary
Introduced
02/17/2020
02/17/2020
In Committee
05/11/2020
05/11/2020
Crossed Over
03/11/2020
03/11/2020
Passed
Dead
06/09/2020
06/09/2020
Introduced Session
2020 Regular Session
Bill Summary
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.
AI Summary
This bill amends various sections of the Mississippi Code of 1972 related to guardianships and conservatorships. The key provisions include:
- Clarifying definitions, jurisdictions, and procedures for guardianship and conservatorship proceedings, including requirements for notice and summons.
- Allowing for the combination of guardianship and conservatorship proceedings and letters when the guardian and conservator are the same person.
- Authorizing the court to dispense with legal representation for the ward if it would impose an undue burden on the ward's estate.
- Revising the parties that must receive notice of petitions for appointment of a guardian or conservator.
- Clarifying the required hearings and notice procedures for appointing guardians and conservators, including for emergency appointments.
- Specifying the rights of wards and the information that must be provided to them.
- Allowing for the transfer of funds or property to a minor without requiring the appointment of a conservator, up to $25,000 in a 12-month period.
- Repealing sections of the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act related to registration and recognition of foreign orders.
Committee Categories
Justice
Sponsors (2)
Last Action
Died In Committee (on 06/09/2020)
Official Document
bill text
bill summary
Loading...
bill summary
Loading...
bill summary
Loading...