WHAT’S BREWING IN THE CAPITOL THAT MAY AFFECT YOUR PRACTICE
February 3, 2011 § 2 Comments
Here’s a link to legislation pending in Jackson that may have some effect on your practice.
It’s early, and some things fall by the wayside while others get amended, but here are a few to take note of based on my own cursory, limited review:
- HB 55 appears to take adult guardianships in the same direction that UCCJEA took child custody some years ago. As our population ages, and younger people are taking responsibility for older adults, the tug-of-war between siblings for parents across state lines can create some head-scratching jurisdictional battles that this measure seeks to address.
- HB 170 addresses an anomaly in the law created by the emancipation of a child. The case law has held that the cause of action for past due child support becomes the enforceable obligation of the child after emancipation, even though the child support payments were due to the custodial parent. This bill would allow the parent who was owed the support to collect it despite emancipation.
- HB 689 is of high interest in chancery court since the supreme court handed down McDonald v. McDonald, 39 So.3d 868 (Miss. 2010), which held that hearsay in a guardian ad litem’s report is inadmissible. This bill would correct that. It spells out how hearsay in the report would be handled, and the procedure spelled out is similar to that proposed by Justice Pierce in his dissent to the majority opinion.
There are other bills proposing to: revise requirements for durable powers of attorney; change acknowledgment requirements for recordation of certain instruments; revise procedures for filling judicial vacancies; clarify procedures for renewal of a judgment; specify where and when enforcement of liens takes place; spell out how disability payments are credited against child support; allow distribution of wrongful death damages without opening an estate; and filing-fee-funded increase in judicial salaries. There’s plenty more there that might interest you.