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Mississippi Code Title 93. Domestic Relations § 93-20-311

Current as of January 01, 2025 | Updated by Findlaw Staff

(1) On a petition by a person interested in an adult's welfare or a petition filed under Section 93-20-302, the court may appoint an emergency guardian for the adult if the court finds:

(a) Appointment of an emergency guardian is likely to prevent substantial harm to the adult's physical health, safety, or welfare;

(b) No other person appears to have authority and willingness to act in the circumstances; and

(c) There is reason to believe that a basis for appointment of a guardian under Section 93-20-301 exists.

(2) The duration of authority of an emergency guardian for an adult may not exceed sixty (60) days, and the emergency guardian may exercise only the powers specified in the order of appointment. The emergency guardian'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 guardian in subsection (1) continue. Summons must be issued on continuation of the guardianship as required in subsection (4).

(3) Except as otherwise provided in subsection (4), summons giving 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.

(4)(a) The court may appoint an emergency guardian for an adult without notice to the adult and any attorney for the adult only if the court finds from an affidavit or testimony that the respondent's physical health, safety, or welfare will be substantially harmed before a hearing with notice on the appointment can be held. If the court appoints an emergency guardian 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:

(i) The respondent;

(ii) The respondent's attorney;

(iii) Any other person the court determines; and

(b) The court must hold a hearing on the appropriateness of the appointment not later than five (5) days after the appointment.

(5) Appointment of an emergency guardian under this section is not a final determination that a basis exists for appointment of a guardian under Section 93-20-301.

(6) The court may remove an emergency guardian appointed under this section at any time. The emergency guardian must make any report the court requires.

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Cite this article: FindLaw.com - Mississippi Code Title 93. Domestic Relations § 93-20-311 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-93-domestic-relations/ms-code-sect-93-20-311/

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