Miss. Code § 93-20-403

Current through the 2024 Regular Session
Section 93-20-403 - Notice and hearing for appointment of conservator; notice of hearing after appointment of conservator
(1) On receipt of a petition under Section 93-20-402 for appointment of a conservator for a respondent, the court must set a date, time, and place for a hearing on the petition, and unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the petitioner must cause summons to be served not less than seven (7) days before the hearing, together with a copy of the petition, on the person for whom the conservator is to be appointed. The court may, for good cause shown, direct that a shorter notice be given.
(2) Unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the summons must also issue to:
(a) Any guardian appointed to the respondent; and
(b) At least one (1) adult relative of the respondent who resides in Mississippi from the following group in the listed order of preference: spouse, children, parents, siblings; but if none of those can be found:
(i) To one (1) adult relative of the respondent and who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship.
(ii) If no relative within the third degree of kinship to the respondent is found residing in the State of Mississippi, the court must either designate some other appropriate person to receive the summons or appoint a guardian ad litem to receive the summons.
(3) In a proceeding under this article, notice of the hearing also must be given to any other person interested in the respondent's welfare that the court determines is entitled to notice. Failure to give notice under this subsection does not preclude the court from appointing a guardian.
(4) If the person for whom the conservator is to be appointed is entitled to any benefit, estate or income paid or payable by or through the Veterans' Administration of the United States government, such administration shall also be given summons.
(5) Notice of a hearing on a petition seeking an order under this article that is filed after the appointment of a conservator, together with a copy of the petition, must be given to the ward, the conservator, and any other person the court determines.

Miss. Code § 93-20-403

Amended by Laws, 2020, ch. 344, SB 2874,§ 22, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.