2004 Regular Session
To: Judiciary A
By: Representative Watson
AN ACT TO AMEND SECTION 93-13-17, MISSISSIPPI CODE OF 1972, TO REVISE THE BOND AND OATH OF A GUARDIAN; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-13-17, Mississippi Code of 1972, is amended as follows:
93-13-17. Every guardian, before he shall have authority to act, shall, unless security be dispensed with by will or writing or as hereinafter provided, enter into bond payable to the state, in a penalty equal to the value of all the personal estate and with such sureties as the court may require; and the bond shall be recorded and may be put in suit for any breach of the condition, whether the appointment be legal or not; and the condition shall be as follows:
"The condition of the above obligation is that if the above bound ____, as guardian of ____, of ____ County, shall faithfully discharge all the duties required of him by law, then the above obligation shall cease."
And the guardian shall also take and subscribe an oath, at or prior to the time of his appointment, faithfully to discharge the duties of guardian of the ward according to law.
A guardian need not enter into bond, however, as to such part of the assets of the ward's estate as may, pursuant to an order of the court in its discretion, be deposited in any one or more banking corporations, building and loan associations or savings and loan associations in this state so long as such deposits are fully insured, such deposits there to remain until the further order of the court, and a certified copy of the order for deposit having been furnished the depository or depositories and its receipt acknowledged.
SECTION 2. This act shall take effect and be in force from and after its passage.