Bill Text: MS SB2139 | 2017 | Regular Session | Introduced
Bill Title: Visitation; clarify right of vulnerable persons and wards who are adults.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2017-01-31 - Died In Committee [SB2139 Detail]
Download: Mississippi-2017-SB2139-Introduced.html
MISSISSIPPI LEGISLATURE
2017 Regular Session
To: Judiciary, Division A
By: Senator(s) Fillingane
Senate Bill 2139
AN ACT TO CREATE NEW SECTION 43-47-30, MISSISSIPPI CODE OF 1972, TO CREATE THE RIGHT OF A VULNERABLE PERSON WHO IS 21 YEARS OF AGE OR OLDER TO RECEIVE OR REFUSE PRIVATE VISITATION; TO CREATE NEW SECTION 93-13-38.1, MISSISSIPPI CODE OF 1972, TO PROHIBIT A GUARDIAN OR CONSERVATOR FROM DENYING VISITATION OF THE WARD WITH CERTAIN INTERESTED PERSONS IF THE VISITATION WOULD BE IN THE BEST INTEREST OF THE WARD; TO AMEND SECTION 93-13-259, MISSISSIPPI CODE OF 1972, TO CLARIFY THE APPLICATION OF THIS ACT TO ADULT WARDS; TO AMEND SECTION 1-3-58, MISSISSIPPI CODE OF 1972, TO CLARIFY THE DEFINITION OF WARD; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. The following shall be codified as Section 43-47-30, Mississippi Code of 1972:
43-47-30. (1) A vulnerable person who is twenty-one (21) years of age or older has a right to receive and to refuse unrestricted private visitation.
(2) For the purposes of this section, the following terms have the meanings given:
(a) "Interested person" means a relative or another person who has a significant, ongoing relationship based on or productive of strong affection.
(b) "Relative" means a person related by blood, adoption or affinity within the third degree, and includes fictive kin.
(c) "Fictive kin" means a person who is not legally or biologically related but who is considered a relative due to a significant, familial-like and ongoing relationship.
(d) "Visitation" means actual physical visits, personal mail, electronic communication and includes access to a telephone for receiving private communications.
(3) (a) If an interested person is being denied visitation with a vulnerable person who is twenty-one (21) years of age or older, the interested person may file a petition in chancery court seeking visitation with the vulnerable person and the court may issue an order compelling visitation.
(b) The court may not issue an order compelling visitation if the court finds any of the following:
(i) The vulnerable person, while having the capacity to evaluate and communicate decisions regarding visitation, expresses a desire not to have visitation with the interested person.
(ii) The petitioner has engaged in abuse in the past as proved by clear and convincing evidence.
(iii) The vulnerable person does not possess sufficient capacity to make a knowing and intelligent visitation decision.
(c) Before denying an order on the ground that the petitioner has engaged in abuse in the past, the court must consider whether reasonable restrictions, including, but not limited to, supervision paid for by the petitioner, can adequately protect the vulnerable person.
(d) If the petition under this section states that the vulnerable person's health is in significant decline or that the resident's death may be imminent, the court shall treat the petition as an expedited case for good cause.
(e) Upon a motion or on the court's own motion, if the court finds during a hearing that a person is knowingly isolating a vulnerable person, the court may order the person to pay court costs and reasonable attorney fees of the petitioner and may order other appropriate remedies. No costs, fees, or other sanctions awarded by the court may be paid from the estate of the vulnerable person.
SECTION 2. The following shall be codified as Section 93-13-38.1, Mississippi Code of 1972:
93-13-38.1. (1) (a) A guardian shall not prevent or limit reasonable visitation by a ward who is over the age of twenty-one (21) with an interested person if the visitation would serve the best interest of the ward.
(b) For the purposes of this subsection (1):
(i) "Interested person" means a relative or another person who has a significant, ongoing relationship based on or productive of strong affection.
(ii) "Relative" means a person related by blood, adoption or affinity within the third degree, and includes fictive kin.
(iii) "Fictive kin" means a person who is not legally or biologically related but who is considered a relative due to a significant, familial-like and ongoing relationship.
(iv) "Visitation" means actual physical visits, personal mail, electronic communication and includes access to a telephone for receiving private communications.
(c) The provisions of this section do not affect the court's power, upon a showing of good cause, either to prohibit visitation with the ward if the visitation would not serve the best interest of the ward, or to require the guardian to allow the visitation to occur. The best interest of the ward is determined by the standard set forth in Section 43-47-30(3)(b). Good cause includes, but is not limited to, a showing that the ward suffers from an illness or condition that is likely to cause the death of the ward within six (6) months.
(d) Any person seeking to enforce visitation with a ward who is twenty-one (21) years of age or older may file a petition in chancery court and the court may issue an order compelling visitation.
(2) (a) If an adult ward dies or has been hospitalized for more than three (3) days, the guardian of the ward shall inform the ward's spouse, adult children, adult grandchildren, parents and adult siblings as soon as reasonably possible.
(b) If the ward dies, the guardian shall inform the ward's spouse, adult children, adult grandchildren, parents and siblings of any funeral arrangements and the location of the ward's final resting place as soon as reasonably possible.
SECTION 3. Section 93-13-259, Mississippi Code of 1972, is amended as follows:
93-13-259. Should the court appoint the conservator of the property or person or property and person of the subject party, the said conservator shall have the same duties, powers and responsibilities as a guardian of a minor, and all laws relative to the guardianship of a minor and to the guardianship of an adult shall be applicable to a conservator.
SECTION 4. Section 1-3-58, Mississippi Code of 1972, is amended as follows:
1-3-58. Whenever the term
"ward" is used, it shall be liberally construed and held to include
any and all persons under every form of legal disability, including, but not
limited to, the disabilities of minority, intellectual disability, mental
illness, unsound mind, alcoholism, or addiction to drugs * * *; incapacity due to advanced age, physical
incapacity or mental weakness; a person who is missing or outside of the United
States and unable to return; and convicted felons.
SECTION 5. This act shall take effect and be in force from and after July 1, 2017.
