MS SB2828 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Partisan Bill (Republican 5-0)
Status: Passed on April 16 2019 - 100% progression
Action: 2019-04-16 - Approved by Governor
Text: Latest bill text (Enrolled) [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 Enact Transition Provisions; 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 Thereof; 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 Trusts; 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 And Conform Age Of Majority; 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; And For Related Purposes.

Tracking Information

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Title

GAP (Guard and Protect vulnerable children and adults) Act; revise guardianship and conservatorship laws.

Sponsors


Roll Calls

2019-03-21 - Senate - Senate Concurred in Amend From House (Y: 51 N: 0 NV: 1 Abs: 0) [PASS]
2019-03-13 - House - House Passed As Amended (Y: 114 N: 0 NV: 4 Abs: 0) [PASS]
2019-02-12 - Senate - Senate Passed (Y: 51 N: 0 NV: 1 Abs: 0) [PASS]

History

DateChamberAction
2019-04-16 Approved by Governor
2019-04-05HouseEnrolled Bill Signed
2019-04-05SenateEnrolled Bill Signed
2019-03-21SenateConcurred in Amend From House
2019-03-14HouseReturned For Concurrence
2019-03-13HousePassed As Amended
2019-03-13HouseAmended
2019-03-12HouseRead the Third Time
2019-02-26HouseTitle Suff Do Pass As Amended
2019-02-19HouseReferred To Judiciary A
2019-02-13SenateTransmitted To House
2019-02-12SenatePassed
2019-02-12SenateCommittee Substitute Adopted
2019-02-05SenateTitle Suff Do Pass Comm Sub
2019-01-21SenateReferred To Judiciary, Division A

Mississippi State Sources

TypeSource
Summaryhttp://billstatus.ls.state.ms.us/2019/pdf/history/SB/SB2828.xml
Texthttp://billstatus.ls.state.ms.us/documents/2019/html/SB/2800-2899/SB2828IN.htm
Texthttp://billstatus.ls.state.ms.us/documents/2019/html/SB/2800-2899/SB2828CS.htm
Texthttp://billstatus.ls.state.ms.us/documents/2019/html/SB/2800-2899/SB2828PS.htm
Texthttp://billstatus.ls.state.ms.us/documents/2019/html/SB/2800-2899/SB2828SG.htm
Amendmenthttp://billstatus.ls.state.ms.us/documents/2019/html/ham/SB2828_H_Cmte_Amend_01.htm
Amendmenthttp://billstatus.ls.state.ms.us/documents/2019/html/ham/SB2828_H_Amend_01_to_Cmte_Amend_01.htm
Roll Callhttp://billstatus.ls.state.ms.us/2019/pdf/votes/senate/0360009.pdf
Roll Callhttp://billstatus.ls.state.ms.us/2019/pdf/votes/house/0650024.pdf
Roll Callhttp://billstatus.ls.state.ms.us/2019/pdf/votes/senate/0730024.pdf

Bill Comments

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