As of January 1, 2020, the Guardianship and Conservatorship laws in Mississippi have changed. On April 16, 2019, Gov. Phil Bryant signed Senate Bill 2828, the Mississippi Guardianship and Conservatorship Act. The legislation has been referred to as the “Guard and Protect (GAP) Act”.
What this means is that Chapter 13 of Title 93 of the Mississippi Code, which regulated guardianships and conservatorships is repealed. I will be providing more information on the GAP act throughout the year but you can review the entire legislation here: http://billstatus.ls.state.ms.us/documents/2019/pdf/SB/2800-2899/SB2828SG.pdf
Here is a brief synopsis of the purpose of the GAP act:
PURPOSE: The purpose of the Mississippi GAP act is to Guard and Protect those who cannot adequately defend themselves.
WHAT DOES THE GAP ACT DO?
- Distinguishes a guardian from a conservator. A Guardian is of the person and a Conservator is of the estate.
- Clarifies and specifies the particular role(s) of the guardian/conservator is a ward’s life.
- Uses improved medical evaluation forms to specify the basis for the appointment of a guardian or conservator.
- Encourages individualized planning and the use of a least restrictive alternative.
- To prevent fraud and abuse it creates more accountability between the guardian and/or conservator.
- The new legislation also informs wards of procedural and substantive rights at hearings and ensures due process through additional protections of the ward’s person and assets.
- Requires a guardian/conservator plan to be created for use throughout the appointment, with the option for the court to adjust the plan at its discretion.
- There is better monitoring of each ward’s plan by tracking inventories and accountings thorough MEC (Mississippi Electronic Courts).
- And it established an avenue for required well-being reports.
As I stated at the start, I will continue to post about the changes the GAP Act has created for Guardianships and Conservatorships created as of January 1, 2020, so check back regularly.