Mississippi § 93-20-430 - Termination or modification of conservatorship.

§ 93-20-430. Termination or modification of conservatorship.

A conservatorship must be terminated when the minor becomes an adult, becomes emancipated, or dies; the termination must comply with Section 93-20-423, but a conservatorship may continue into adulthood when the court finds the ward qualifies for conservatorship as an adult under the provisions of subsections (5) and (6). A ward, the conservator, or a person interested in the welfare of the individual may petition for: Termination of the conservatorship on the ground that a basis for appointment under Section 93-20-401 does not exist or termination would be in the best interest of the ward or for other good cause; or Modification of the conservatorship on the ground that the extent of protection or assistance granted is not appropriate or for other good cause shown. The court must hold a hearing to determine whether termination or modification of a conservatorship is appropriate on: A petition that contains allegations which, if true, would support a reasonable belief that termination or modification of the conservatorship 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 within the preceding six (6) months; A communication from the ward, conservator, or person interested in the welfare of the ward which supports a reasonable belief that termination or modification of the conservatorship may be appropriate, including because the functional needs of the ward or supports or services available to the ward have changed; A report from a guardian or conservator which indicates that termination or modification may be appropriate because the functional needs or supports or services available to the ward have changed or other less restrictive alternative is available; or A determination by the court that a hearing would be in the best interest of the ward. Notice of a petition under this section must be given to the ward, the conservator, and any other person the court determines. On presentation of prima facie evidence for termination of a conservatorship, the court must order termination unless it is proven that a basis for appointment of a conservator under Section 93-20-401 exists. The court must modify the powers granted to a conservator if the powers are excessive or inadequate due to a change in the abilities or limitations of the ward, the ward’s supports, or other circumstances. Unless the court otherwise orders for good cause, before terminating a conservatorship, the court shall follow the same procedures to safeguard the rights of the ward which apply to a petition for conservatorship. A ward who seeks to terminate or modify the terms of the conservatorship 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. On termination of a conservatorship other than by reason of the death of the ward, property of the conservatorship estate passes to the ward. The order of termination must direct the conservator to file a final report and petition for discharge on approval by the court of the final report. If a ward dies testate, the conservator must deliver the will to the named representative and certify that delivery to the court. If the ward dies intestate, Section 91-7-68 governs.