MS HB1285 | 2019 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on March 5 2019 - 100% progression
Action: 2019-03-05 - Died In Committee
Text: Latest bill text (Engrossed) [HTML]
Spectrum: Partisan Bill (Republican 1-0)
Status: Failed on March 5 2019 - 100% progression
Action: 2019-03-05 - Died In Committee
Text: Latest bill text (Engrossed) [HTML]
Summary
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 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 Thereto; 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 Trust; 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; 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; To Make Transition Provisions; And For Related Purposes.
Title
GAP (Guard and Protect vulnerable children and adults) Act; revise guardianship and conservatorship laws.
Sponsors
| Rep. Mark Baker [R] |
Roll Calls
2019-02-12 - House - House Passed As Amended (Y: 117 N: 0 NV: 2 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2019-03-05 | Senate | Died In Committee |
| 2019-02-27 | Senate | Referred To Judiciary, Division A |
| 2019-02-14 | House | Transmitted To Senate |
| 2019-02-12 | House | Passed As Amended |
| 2019-02-12 | House | Amended |
| 2019-02-08 | House | Read the Third Time |
| 2019-02-05 | House | Title Suff Do Pass |
| 2019-01-21 | House | Referred To Judiciary A |
