More on Moving the Ward

November 20, 2017 § 2 Comments

In a previous post I talked about the measures you need to take when you are moving a ward in a guardianship or conservatorship from Mississippi to another state. That earlier post is at this link.

The statute I cited in that earlier post is still on the books, but now there is a uniform law that provides a modern procedure recognized in many other jurisdictions.

In 2014, Mississippi adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (MCA § 93-14-101, et seq.), which establishes procedures recognized among the participating states for transfer of guardianships, protective proceedings, registration of orders from other states, and communication between courts. There is even a provision for emergency, temporary jurisdiction over a respondent from another state who is in this state at the time of the emergency.

Situations involving conservatorships and adult guardianships are becoming more frequent, and the need to move wards to the state where the children are now located is more and more prevalent. This chapter will help you do that.

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Thanks to Attorney Mark Scarborough

 

 

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§ 2 Responses to More on Moving the Ward

  • David Calder says:

    One consideration that may be important is that the UAGPPJA applies to “adults” who are age 18 or older under Miss. Code Ann. § 93-14-102(1). This definition applies to new proceedings, and to “proceedings begun before July 1, 2014, regardless of whether a guardianship or protective order has been issued.” Miss. Code Ann. § 93-14-504(b). Also, contrary to current Miss. law, the UAGPPJA defines the term “guardian” only as the “person appointed by the court to make decisions regarding the person of an adult, including a person appointed under Section 93-13-111 and Sections 93-13-121 through 93-13-135.” Miss. Code Ann. § 93-14-102(3). The term “conservator” is used only for the “person appointed by the court to administer the property of an adult, including a person appointed under Section 93-13-251 et seq.” Miss. Code Ann. § 93-14-102(2) & (3). The Miss. Legislature adopted the definitions and procedural portions of the Model Act to make interstate transfers easier, but we did not adopt the substantive portions of the Model Act, so some provisions arguably conflict with current Miss. law and practice.

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