2007 Regular Session
To: Judiciary A
By: Representative Gunn
AN ACT TO AMEND SECTION 93-13-253, MISSISSIPPI CODE OF 1972, TO REVISE PROVISIONS REGARDING NOTICE OF TIME AND PLACE OF HEARING FOR APPOINTMENT OF CONSERVATORS; 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. Unless the court finds that the person for whom the conservator is to be appointed is competent and joins in the petition, such notice shall also be given to one (1) relative of the person for whom the conservator is to be appointed residing in Mississippi (other than the petitioner); provided such relative be within the third degree of kinship, preferring first the spouse, unless legally separated, then an ascendant or descendant, then a brother or sister, then an adult niece, nephew, aunt or uncle, it being the intention of the Legislature to require personal service on the person for whom the conservator is to be appointed and one (1) relative (other than the petitioner) residing in Mississippi. If no relative within the third degree of kinship to the person for whom the conservator is to be appointed is found residing in the State of Mississippi, the court may dispense with such notice or designate some other appropriate person to receive such notice, or may appoint a guardian ad litem to receive notice. If the person for whom the conservator is to be appointed 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 July 1, 2007.