Mississippi § 93-20-403 - Notice and hearing for appointment of conservator.

§ 93-20-403. Notice and hearing for appointment of conservator.

On receipt of a petition under Section 93-20-402 for appointment of a conservator for a respondent, the court must set a date, time, and place for a hearing on the petition and shall cause not less than seven (7) days’ notice thereof to be given to the person for whom the conservator is to be appointed, except that the court may, for good cause shown, direct that a shorter notice be given. In a proceeding on a petition under Section 93-20-402, notice of the hearing also must be given to any of the persons required to be listed in the petition under subsection (3) and any other person interested in the respondent’s welfare the court determines. Failure to give notice under this subsection does not preclude the court from appointing a conservator. Unless the court finds that the respondent for whom the conservator is to be appointed is competent and joins in the petition, the notice shall also be given to the following persons, listed in order of preference, so that personal service is had on the person for whom the conservator is to be appointed and on at least one (1) relative who resides in Mississippi, other than the petitioner: If the person for whom the conservator is to be appointed is entitled to any benefit, estate or income paid or payable by or through the Veterans’ Administration of the United States government, such administration shall also be given notice. Notice of a hearing on a petition seeking an order under this article that is filed after the appointment of a conservator, together with a copy of the petition, must be given to the respondent, the conservator, and any other person the court determines. Each of the spouse, children, parents and siblings of the respondent for whom the conservator is to be appointed, but if none of those can be found, then to: One (1) adult relative of the person for whom the conservator is to be appointed who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship. If no relative within the third degree of kinship to the person for whom the conservator is to be appointed is found residing in the State of Mississippi, the court must either designate some other appropriate person to receive the notice or appoint a guardian ad litem to receive notice.