MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Judiciary A

By: Representative Perry

House Bill 783

AN ACT TO AMEND SECTION 93-13-17, MISSISSIPPI CODE OF 1972, TO REQUIRE THE BOND OF A GUARDIAN TO BE EQUAL TO VALUE OF ALL OF THE PERSONAL ESTATE; 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 an amount equal to the value of all of the personal estate; 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 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 July 1, 1999.