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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 93-20-122 - Third-party acceptance of authority of guardian or conservator
Universal Citation:
MS Code § 93-20-122 (2023)
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- (1) A person may choose to not recognize the authority of a guardian or conservator to act on behalf of a ward if:
- (a) The person has actual knowledge or a reasonable belief that the letters of guardianship or conservatorship are invalid or the conservator or guardian is exceeding or improperly exercising authority granted by the court; or
- (b) The person has actual knowledge that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
- (2) A person may refuse to recognize the authority of a guardian or conservator to act on behalf of a ward if:
- (a) The guardian's or conservator's proposed action would be inconsistent with this chapter; or
- (b) The person makes, or has actual knowledge that another person has made, a report to a government agency providing protective services to adults or children stating a good-faith belief that the ward is subject to physical or financial abuse, neglect, exploitation, or abandonment by the guardian or conservator or a person acting for or with the guardian or conservator.
- (3) A person that refuses to accept the authority of a guardian or conservator in accordance with subsection (2) may report the refusal and the reason for refusal to the court. The court on receiving the report shall consider whether removal of the guardian or conservator or other action is appropriate.
- (4) A guardian or conservator may petition the court to require a third party to accept a decision made by the guardian or conservator on behalf of the ward.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.
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