MISSISSIPPI LEGISLATURE
2019 Regular Session
To: Judiciary, Division A
By: Senator(s) Blackmon
AN ACT TO AMEND SECTION 93-13-211, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT UNDER CERTAIN CIRCUMSTANCES WHEN MONEY IS OWED TO A CHILD IT MUST BE PLACED ON DEPOSIT AND ANNUAL ACCOUNTING WILL BE WAIVED; 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. (1) When a ward
is entitled under a judgment, order or decree of any court, or from any other
source, to a sum of money 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 the ward or the chancery court
of the county wherein the person is entitled to the money or property, * * * shall order the money or property to
be * * *
placed in a banking institution, and shall be disbursed upon order of the
court. The court shall dispense with the requirement of an annual accounting
when the funds are subject to this section.
(2) However, if the sum of money or personal property is not due the ward under a judgment, order or decree of a court, the chancery court before ordering the money or personal property paid over or delivered as provided in this section shall fully investigate the 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 the ward whatsoever whether arising ex delicto or ex contractu, is a fair settlement of the claim of the ward, and that it is to the best interest of the ward that the settlement be made, or that the personal property be delivered to the ward. Thereupon the chancery court may authorize and decree that said sum of money or personal property be accepted by the ward and paid or delivered by the party owing or having the same as authorized by the decree of the court, and compliance with the order in the latter event shall acquit and release the person so paying or delivering the same. He, who under the 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 use and benefit of the person under disability but shall not be required to furnish security therefor unless the chancery court shall so order.
SECTION 2. This act shall take effect and be in force from and after July 1, 2019.