MISSISSIPPI LEGISLATURE

2016 Regular Session

To: Judiciary A

By: Representatives Willis, Boyd

House Bill 1343

AN ACT TO AMEND SECTION 93-13-37, MISSISSIPPI CODE OF 1972, TO REQUIRE A SPECIAL GENERAL GUARDIAN APPOINTED FOR A MINOR WHO DOES NOT HAVE A PARENT ABLE TO TAKE RESPONSIBILITY FOR THE MINOR TO KEEP THE COURT INFORMED OF HIS OR HER FULL ADDRESS AND NOTIFY THE COURT WITHIN FIVE DAYS OF A CHANGE OF ADDRESS; AND FOR RELATED PURPOSES.

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

     SECTION 1.  Section 93-13-37, Mississippi Code of 1972, is amended as follows:

     93-13-37.  (1)  If the minor ward has a father or mother, the court, or chancellor in vacation, shall determine whether the expense of maintaining and educating him shall be borne by his guardian or not.

     (2)  (a)  If the minor ward has a father or mother but no parent able to take responsibility for the minor, and the minor's assets do not include any real property, cash-on-hand of no more than Two Hundred Fifty Dollars ($250.00), and personal property worth no more than One Thousand Dollars ($1,000.00), and the court finds that it would be in the best interests of the minor, a special general guardian who is related to the minor by blood or marriage may be appointed for the minor.  An attorney is not required for this proceeding in chancery court, and the court shall waive annual or final accounting by the special general guardian.

          (b)  A special general guardian must comply with all relevant provisions of this chapter immediately upon there coming into his hands any realty, personalty or monies in excess of the limitations of this subsection (2).

          (c)  Any special general guardian appointed for a minor under this subsection (2) shall:

              (i)  Keep the court informed of his or her full address, including state, city, street, house number and telephone number, if available, unless excused in writing by the court; and

              (ii)  Notify in writing the clerk of the court which appointed him or her within five (5) days of a change of address of his or her full new address.

     SECTION 2.  This act shall take effect and be in force from and after July 1, 2016.