Mississippi § 93-20-411 - Order on appointment of conservator.

§ 93-20-411. Order on appointment of conservator.

A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. A court order appointing a conservator for an adult must: Include a specific finding that clear and convincing evidence has established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services or technological assistance; and Include a specific finding that clear and convincing evidence established that the respondent was given proper notice of the hearing on the petition. A court order establishing a full conservatorship for an adult must state the basis for granting a full conservatorship and include specific findings to support the conclusion that a limited conservatorship would not meet the functional needs of the adult. A court order establishing a limited conservatorship must state the specific property placed under the control of the conservator and the powers granted to the conservator. The court, as part of an order establishing a conservatorship, must identify and include the contact information for any person that subsequently is entitled to: Notice of the rights of the ward under Section 93-20-412(2); Notice of a sale of or surrender of a lease to the primary dwelling of the individual; Notice that the conservator has delegated a power that requires court approval under Section 93-20-414 or substantially all powers of the conservator; Notice that the conservator will be unavailable to perform the conservator’s duties for more than one (1) month; A copy of the conservator’s plan under Section 93-20-419 and the conservator’s report under Section 93-20-423; Access to court records relating to the conservatorship; Notice of a transaction involving a substantial conflict between the conservator’s fiduciary duties and personal interests; Notice of the death or significant change in the condition of the individual; Notice that the court has limited or modified the powers of the conservator; and Notice of the removal of the conservator. If a ward is an adult, the spouse and adult children of the ward are entitled under subsection (5) to notice unless the court determines notice would be contrary to the preferences or prior directions of the ward or are not in the best interest of the ward. If a ward is a minor, each parent and adult sibling of the minor is entitled to notice under subsection (5) unless the court determines notice would not be in the best interest of the minor. If the chancellor finds from the evidence that the person is in need of a conservatorship, the chancellor must appoint a conservator over the person. The costs and expenses of the proceedings shall be paid out of the estate of the respondent if a conservator is appointed. If a conservator is not appointed, the costs and expenses shall be paid by the person instituting the proceedings.