2006 Regular Session
To: Judiciary, Division A
By: Senator(s) King
AN ACT TO AMEND SECTION 93-13-253, MISSISSIPPI CODE OF 1972, TO CLARIFY THOSE PERSONS NECESSARY TO BE SERVED WHEN A PETITION FOR CONSERVATORSHIP IS FILED; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 93-13-253, Mississippi Code of 1972, is amended as follows:
93-13-253. Upon the filing of such petition, the clerk of the court shall set a time and place for hearing and shall cause not less than five (5) days' notice thereof to be given to the person for whom the conservator is to be appointed, except that the court may, for good cause shown, direct that a shorter notice be given. Such notice shall also be given to the husband or the wife, or, if there is no husband or wife, to a descendant or an ascendant, or next of kin of the person for whom the conservator is to be appointed, provided the person to whom notice is given is a resident of Mississippi, except where such person is himself the petitioner, it being the intention of the Legislature to require personal service on the person for whom the conservator is to be appointed and the spouse or one other relative if there is no spouse. If said person 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 such notice.
Notice may be by personal service by the sheriff as in service of other process but nothing herein shall be construed to prevent competent persons from accepting notice in person from the clerk or his deputy.
SECTION 2. This act shall take effect and be in force from and after its passage.