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Mississippi Code 1972 (2023)
Title 93 - DOMESTIC RELATIONS (§§ 93-1-1 — 93-31-7)
Chapter 20 - GUARDIANSHIP AND CONSERVATORSHIP (§§ 93-20-101 — 93-20-431)
Article 1 - GENERAL PROVISIONS (§§ 93-20-101 — 93-20-125)
Section 93-20-108 - Letters of guardianship or conservatorship
Universal Citation:
MS Code § 93-20-108 (2023)
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- (1) At or before the time of appointment, the guardian or conservator must take and subscribe an oath faithfully to discharge the duties of guardian or conservator of the ward according to law.
- (2) The clerk must issue letters of guardianship to a guardian who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court.
- (3) The clerk must issue letters of conservatorship to a conservator who takes the proper oath, posts bond if required, and submits a certificate of attorney and certificate of fiduciary, unless waived by the court or unless the conservator complies with another asset-protection arrangement required by the court.
- (4) The court in its initial order of appointment or at any subsequent time may limit the powers conferred on a guardian or conservator. The court shall direct the clerk to issue new letters of guardianship or conservatorship that reflect the limitation. The court shall direct the clerk to give notice of the limitation by service of a copy of the court's order with proof of service on the guardian or conservator, the ward, and any other person the court determines.
- (5) Limitations on the powers of a guardian or conservator or on the property subject to conservatorship must be stated in the letters of guardianship or conservatorship.
- (6) Letters of guardianship and conservatorship may be combined in one (1) document if the guardian and conservator are the same person.
Amended by Laws, 2020, ch. 344, SB 2874,§ 5, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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