Mississippi § 93-20-309 - Order on appointment of guardian.

§ 93-20-309. Order on appointment of guardian.

A court order appointing a guardian for an adult must: Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services and technological assistance; and Include a specific finding that clear and convincing evidence established the respondent was given proper notice of the hearing on the petition. A court order establishing a full guardianship for an adult must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the ward. A court order establishing a limited guardianship for an adult must state the specific powers granted to the guardian. The court, as part of an order establishing a guardianship for an adult, must identify and include the contact information for any person that subsequently is entitled to: Notice of the rights of the adult under Section 93-20-310(2); Notice of a change in the primary dwelling of the adult; Notice that the guardian has delegated: The power to manage the care of the adult; The power to make decisions about where the adult lives; The power to make major medical decisions on behalf of the adult; A power that requires court approval under Section 93-20-314; or Substantially all powers of the guardian; A copy of the guardian’s plan under Section 93-20-315 and the guardian’s well-being report under Section 93-20-316; Access to court records relating to the guardianship; Notice of the death or significant change in the condition of the adult; Notice that the court has limited or modified the powers of the guardian; and Notice of the removal of the guardian. A spouse and adult children of a ward are entitled to notice under Section 93-20-303(3) unless the court determines notice would be contrary to the preferences or prior directions of the ward or not in the best interest of the ward. If the chancellor finds from the evidence that the adult is incapable of taking care of his person, the chancellor shall appoint a guardian over the person. The costs and expenses of the proceedings shall be paid out of the estate of the person if a guardian is appointed. If a guardian is appointed and the adult has no estate, or if no guardian is appointed, then the costs and expenses must be paid by the person instituting the proceedings.