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2020 Mississippi Code
Title 93 - Domestic Relations
Chapter 20 - Guardianship and Conservatorship
Article 4 - Conservatorship
§ 93-20-413. Emergency conservator
Universal Citation: MS Code § 93-20-413 (2020)
- Upon a petition by a person interested in an individual's welfare or a petition filed under Section 93-20-402, the court may appoint an emergency conservator for the individual if the court finds:
- Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual's property or financial interests;
- No other person appears to have authority and willingness to act in the circumstances; and
- There is reason to believe that a basis for appointment of a conservator under Section 93-20-401 exists.
- The duration of authority of an emergency conservator may not exceed sixty (60) days and the emergency conservator may exercise only the powers specified in the order of appointment. The emergency conservator's authority may be extended once for not more than sixty (60) days if the court finds that the conditions for appointment of an emergency conservator under subsection (1) continue.
- Except as otherwise provided in subsection (4), reasonable notice of the date, time, and place of a hearing on the petition must be given to the respondent, the respondent's attorney, and any other person the court determines.
- The court may appoint an emergency conservator without notice to the respondent and any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent's property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency conservator without giving notice under subsection (3), the court must give notice of the appointment not later than forty-eight (48) hours after the appointment to:
- The respondent;
- The respondent's attorney;
- Any other person the court determines; and
- Hold a hearing on the appropriateness of the appointment not later than five (5) days after the appointment.
- Appointment of an emergency conservator under this section is not a determination that a basis exists for appointment of a conservator under Section 93-20-401.
- The court may remove an emergency conservator appointed under this section at any time. The emergency conservator shall make any report the court requires.
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