House Bill 1400

(As Passed the House)

AN ACT TO AMEND SECTION 93-13-211, MISSISSIPPI CODE OF 1972, TO REVISE THE DISTRIBUTION OF CERTAIN FUNDS AND PROPERTY INVOLVING WARDS; AND FOR RELATED PURPOSES.

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

SECTION 1. Section 93-13-211, Mississippi Code of 1972, is amended as follows:

93-13-211. When a ward shall be entitled under a judgment or order or decree by any court, or from any other source, to a sum of money not greater than Ten Thousand Dollars ($10,000.00), or to personal property not exceeding the value of that sum, a parent, a natural guardian, or general guardian duly appointed by the court for the ward entitled to receive such money or property may receive such money or property on behalf of the ward to be used for the exclusive benefit of the ward, without the requirement of approval by any court and is hereby authorized to execute a full and final release on behalf of the ward, and thereafter the parent, the natural guardian, or general guardian duly appointed by the court, shall not be required to provide formal accountings to any court except that the ward, upon attaining the age of twenty-one (21) years, shall be entitled to any money or property remaining and shall be entitled to require an accounting of and from the parent, natural guardian, or general guardian duly appointed by the court, receiving such money or property, but in no event shall the person or entity delivering such sum of money or property have any liability to the court, or any other person for the use of the funds.

When a ward shall be entitled under a judgment or order or decree of any court, or from any other source, to a sum of money in excess of Ten Thousand Dollars ($10,000.00) but not greater than Twenty-five Thousand Dollars ($25,000.00), or to personal property not exceeding in value that sum, the chancery court of the county of the residence of such ward, or the chancery court of the county wherein such person is entitled to such money or property, may order such money or property to be delivered to the ward, or to some other person for him if he has no guardian, and compliance with such order shall acquit and release the person so delivering the same. Provided, however, that if said sum of money or personal property is not due said ward, under a judgment or order or decree of a court, then in that event the chancery court before ordering said money or personal property paid over or delivered as above provided shall fully investigate said matter and shall satisfy itself by evidence, or otherwise, that the proposed sum of money to be paid, either as liquidated or unliquidated damages because of any claim of said ward whatsoever whether arising ex delicto or ex contractu, is a fair settlement of the claim of said ward, and that it is to the best interest of said ward that said settlement be made, or that said personal property be delivered to said ward. Thereupon said chancery court may authorize and decree that said sum of money or personal property be accepted by said ward and paid or delivered by the party owing or having the same as authorized by the decree of the court, and compliance with such order in the latter event shall acquit and release the person so paying or delivering the same. He, who under such order, shall receive the money or property of a person under such disability, shall thereby become amenable to the court for the disposition of it for the exclusive use and benefit of the person under disability but shall not be required to furnish security therefor unless the chancery court shall so order. Furthermore, the chancery court shall not require the ward, or the person to whom the court directs the sum of money or personal property be delivered, be represented by counsel with regard to any proceedings pursuant to this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 2010.