House Bill 496

(As Sent to Governor)

AN ACT TO AMEND SECTION 93-13-15, MISSISSIPPI CODE OF 1972, TO EXTEND THE REPEALER ON CERTAIN RIGHTS, POWERS AND REMEDIES OF A GUARDIAN OF A WARD; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 93-13-15, Mississippi Code of 1972, is amended as follows:

93-13-15. (1) (a) Every guardian of any ward heretofore or who may be hereafter appointed by any chancery court or chancery clerk whose act is approved by the chancery court, or by any chancellor, is in fact a general guardian to the extent of his appointment according to the terms of the order or decree of appointment, such as: guardian of the estate of the ward is the general guardian of the ward and his estate; the guardian of the person and estate of a ward is the general guardian of the person and estate of such ward; the guardian of the person only of a ward is the general guardian of the ward named.

(b) In addition to the rights and duties of the guardian contained in this chapter, he shall also have those rights, powers and remedies as set forth in Section 91-9-9. The provisions of this paragraph (b) shall stand repealed from and after July 1, 2008.

(2) All orders and decrees now or hereafter made in which the word "general" is not used in conjunction with the word "guardian" shall be construed and applied as if the word "general" had been used in conjunction with the word "guardian."

(3) After May 5, 1960, all orders or decrees appointing any guardian or ward shall designate such guardian as "general" guardian.

SECTION 2. This act shall take effect and be in force from and after July 1, 2002.