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Mississippi Code Title 93. Domestic Relations § 93-20-429

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

(1) The court may remove a conservator for failure to perform the conservator's duties or other good cause and appoint a successor conservator to assume the duties of the conservator.

(2) The court must hold a hearing to determine whether to remove a conservator and appoint a successor on:

(a) A petition of the ward, conservator, or person interested in the welfare of the ward that contains allegations which, if true, would support a reasonable belief that removal of the conservator and appointment of a successor may be appropriate, but the court may decline to hold a hearing if a petition based on the same or substantially similar facts was filed during the preceding six (6) months;

(b) Communication from the ward, conservator, or person interested in the welfare of the ward which supports a reasonable belief that removal of the conservator and appointment of a successor may be appropriate; or

(c) Determination by the court that a hearing would be in the best interest of the ward.

(3) Notice of a petition under subsection (2)(a) must be given to the ward, the conservator, and any other person the court determines.

(4) A ward who seeks to remove the conservator and have a successor appointed has the right to choose an attorney to represent the ward in this matter. If the ward is not represented by an attorney, the court may appoint an attorney under the same conditions as in Section 93-20-406. The court may award reasonable attorney's fees to the attorney as provided in Section 93-20-118.

(5) In selecting a successor conservator, the court must follow the priorities under Section 93-20-410.

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Cite this article: FindLaw.com - Mississippi Code Title 93. Domestic Relations § 93-20-429 - last updated January 01, 2025 | https://codes.findlaw.com/ms/title-93-domestic-relations/ms-code-sect-93-20-429/

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