Proposed Mississippi Firearm Legislation HB1285
Legislation Overview
Title: GAP (Guard and Protect vulnerable children and adults) Act; revise guardianship and conservatorship laws.
Description: An Act To Create The Mississippi Guardianship And Conservatorship Act; To Enact A Short Title; To Provide Definitions; To Provide That The Principles Of Law And Equity Are Supplemental To The Act; To Provide Subject-matter Jurisdiction; To Provide For Transfer Of Proceedings; To Establish Venue; To Clarify Application Of The Rules Of Evidence, Rules Of Civil Procedure And Rules Of Appellate Procedure; To Provide For Issuance Of Letters Of Guardianship Or Conservatorship; To Provide The Effect Of Acceptance Of Appointment As A Guardian Or Conservator; To Authorize Co-guardians And Co-conservators; To Authorize Judicial Appointment Of Successors; To Provide For The Effect Of Death, Removal Or Resignation Of A Guardian Or Conservator; To Require Notice Of Hearings; To Allow Waiver Of Notice; To Authorize Appointment Of A Guardian Ad Litem; To Authorize A Person To Request Notice; To Require Disclosure Of Bankruptcy Or Criminal History; To Authorize Compensation And Reimbursement Of Expenses; To Immunize Those Serving From Liability For An Act Of The Ward; To Authorize One Appointed To Petition The Court For Instruction Or Ratification; To Provide When A Third Party Need Not Accept The Authority Of The Appointee; To Authorize A Temporary Substitute Guardian Or Conservator; To Authorize Registration Of An Out-of-state Guardian Or Conservator; To Authorize Guardianship Of A Minor; To Require A Petition For Appointment; To Require Notice Of Hearing; To Authorize Appointment Of An Attorney For The Minor; To Authorize The Minor's Attendance At A Hearing; To Specify The Rights Of The Minor; To Authorize A Limited Guardianship; To Authorize An Emergency Guardian; To Provide The Duties And Powers Of A Guardian; To Provide For The Removal Of A Guardian And Termination Of A Guardianship; To Provide For The Guardianship Of An Adult; To Require A Petition For Appointment Of A Guardian; To Require Notice Of A Hearing; To Authorize Appointment Of A Guardian Ad Litem; To Require Professional Evaluation; To Specify The Rights Of The Adult At A Hearing; To Provide For Confidentiality Of Records; To Specify Who May Be A Guardian; To Provide Standards For An Order Appointing A Guardian For An Adult; To Require Notice Of An Order Of Appointment; To Authorize An Emergency Guardian For An Adult; To Set Forth The Duties And Powers Of A Guardian Of An Adult; To Authorize Limitations On The Guardian's Power; To Require A Guardian's Plan And Authorize Amendment Thereof; To Require Well-being Reports And Monitoring Of The Guardianship; To Authorize Removal Of A Guardian And Appointment Of A Successor; To Provide For Termination Or Modification; To Authorize Conservatorship Of The Estate Of A Ward, Whether A Minor Or An Adult; To Require Petition For Appointment Of A Conservator; To Provide For Notice And Hearing; To Authorize The Court To Order Preservation And Application Of The Estate During The Pendency Of The Proceeding; To Authorize Appointment Of A Guardian Ad Litem; To Authorize Appointment Of An Attorney For The Respondent; To Require Professional Evaluation; To Specify The Respondent's Rights; To Provide For Confidentiality; To Provide Who May Serve As Conservator; To Require An Order Appointing A Conservator; To Require Notice Of The Appointment Of A Conservator; To Authorize Appointment Of An Emergency Conservator; To Limit The Powers Of A Conservator; To Provide For Petition For Certain Relief After The Appointment Of A Conservator; To Require Bond, Oath And Asset-protection Arrangements; To Require Certain Terms For The Bond; To Provide For The Duties And Powers Of A Conservator; To Require A Conservator's Plan And Authorize Amendment Thereto; To Require Inventory And Record-keeping; To Authorize Administrative Powers Of A Conservator Not Requiring Court Approval; To Authorize Distribution From The Conservatorship Estate; To Require Reporting, Accounting And Monitoring; To Bar Attempted Transfer Of Property By The Ward; To Authorize Voiding Of A Transaction That Constitutes A Conflict Of Interest; To Protect Persons Dealing With A Conservator In Good Faith; To Authorize Presentation And Allowance Of Claims Against The Estate; To Provide For The Personal Liability Of A Conservator; To Authorize Removal Of A Conservator And Appointment Of A Successor; To Authorize Termination Or Modification Of A Conservatorship; To Authorize Certain Transfers Without Appointment Of A Conservator If In The Best Interest Of A Minor; To Amend Section 9-1-49, Mississippi Code Of 1972, To Conform A Court Clerk's Responsibility To Submit Certain Information To The Department Of Public Safety; To Amend Section 43-47-29, Mississippi Code Of 1972, To Conform The Authority Of The Department Of Human Services To Seek Appointment Of A Conservator For A Vulnerable Person; To Amend Section 45-9-103, Mississippi Code Of 1972, To Conform Provisions Concerning Transmission Of Federal Prohibited-person Information To The Fbi; To Amend Sections 81-5-62, 81-12-145 And 81-14-363, Mississippi Code Of 1972, To Conform Provisions Concerning Accounts Payable Upon Death; To Amend Section 91-8-103, Mississippi Code Of 1972, To Conform Definitions With Regard To Trust; To Amend Sections 93-14-102 And 93-14-302, Mississippi Code Of 1972, To Conform Provisions Affecting Jurisdiction Of Adult Guardianship And Protection Proceedings; To Repeal Sections 93-13-3 Through 93-13-79, 93-13-111, 93-13-121 Through 93-13-135, 93-13-151, 93-13-161, 93-13-181 Through 93-13-187, 93-13-211 Through 93-13-219, 93-13-251 Through 93-13-267 And 93-13-281, Mississippi Code Of 1972, Which Deal With Guardianships And Conservatorships; To Direct That Title 93, Chapter 13, Mississippi Code Of 1972, Be Retitled; To Make Transition Provisions; And For Related Purposes.
Session: 2019 Regular Session
Last Action: Died In Committee
Last Action Date: March 5, 2019
Sponsors
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
1 sponsors: Mark Baker (R);
Percentage of House Of Representatives sponsoring bill: 1% (1 of 122)
History
| Chamber | Date | Action |
| Senate | Mar 5, 2019 | Died In Committee |
| Senate | Feb 27, 2019 | Referred To Judiciary, Division A |
| House | Feb 14, 2019 | Transmitted To Senate |
| House | Feb 12, 2019 | Amended |
| House | Feb 12, 2019 | Passed As Amended |
| House | Feb 8, 2019 | Read the Third Time |
| House | Feb 5, 2019 | Title Suff Do Pass |
| House | Jan 21, 2019 | Referred To Judiciary A |
Texts
| Type | Date | State Link | Text |
| Engrossed | Feb 14, 2019 | state link | bill text |
| Introduced | Jan 25, 2019 | state link | bill text |
Amendments
| Title | Description | Date | State Link | Text | Adopted |
| House Amendment No 1 | Amendment No 1 | Nov 30, -0001 | State Link | amendment text | Yes |
Votes - Click on description to view vote roll call
| Description | Vote Date | Yea Votes | Nay Votes | No Votes | Absent | Passed |
| House Passed As Amended | 02/12/2019 | 117 | 0 | 2 | 0 | Yes |
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Link: link to state bill page
