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MS HB747

Bill

Status

Failed

3/5/2024

Primary Sponsor

Richard Bennett

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

House Bill 747 Summary

  • Revises grounds for appointing conservators by requiring clear and convincing evidence that the appointment is in the individual's best interest and that less restrictive alternatives cannot meet the person's identified needs.

  • Expands who may petition for conservatorship to include relatives and limits notice requirements to at least one adult relative within the third degree of kinship residing in Mississippi, with court discretion if no such relative exists.

  • Restricts conservator appointments by prohibiting certain service providers from being appointed unless related to the ward by blood, marriage, or adoption, and clarifies conservators cannot use their position for personal financial gain.

  • Removes the ability to waive requirements for conservators to file a detailed plan and inventory of the conservatorship estate within 90 days of appointment.

  • Requires a court hearing with notice and a record for any transaction involving a substantial conflict of interest between the conservator's fiduciary duties and personal interests, with the court placing reasons for authorization in the record.

Legislative Description

Conservatorship; prioritize relatives and revise notice requirements.

Last Action

Died In Committee

3/5/2024

Committee Referrals

Judiciary A1/29/2024

Full Bill Text

No bill text available