§ 93-20-310. Notice of order of appointment; rights

MS Code § 93-20-310 (2019) (N/A)
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(1) A guardian appointed under Section 93-20-309 must give the ward and all other persons given notice under Section 93-20-309(4) a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice must be given not later than fourteen (14) days after the appointment.

(2) Not later than fourteen (14) days after appointment of a guardian under Section 93-20-309, the guardian must request from the court a statement of the rights of the ward and must give the statement to the ward and any other person entitled to notice under Section 93-20-303(3) or a court order. The statement must notify the ward of the right to:

(a) Seek termination or modification of the guardianship, or removal of the guardian, and choose an attorney to represent the adult in these matters;

(b) Be involved in decisions affecting the adult, including decisions about the adult’s care, dwelling, activities, or social interactions, to the extent reasonably feasible;

(c) Be involved in health-care decision-making to the extent reasonably feasible and supported in understanding the risks and benefits of health-care options to the extent reasonably feasible;

(d) Be notified at least fourteen (14) days before a change in the adult’s primary dwelling or permanent move to a nursing home, mental-health facility, or other facility that places restrictions on the individual’s ability to leave or have visitors, unless the change or move is proposed in the guardian’s plan under Section 93-20-315 or authorized by the court by specific order;

(e) Object to a change or move described in paragraph (d) and the process for objecting;

(f) Communicate, visit, or interact with others, including receiving visitors, and making or receiving telephone calls, personal mail, or electronic communications, including through social media, unless:

(i) The guardian has been authorized by the court by specific order to restrict communications, visits, or interactions;

(ii) A protective order is in effect that limits contact between the adult and a person; or

(iii) The guardian has good cause to believe restriction is necessary because interaction with a specified person poses a risk of significant physical, psychological, or financial harm to the adult, and the restriction is:

1. For a period of not more than seven (7) business days if the person has a family or pre-existing social relationship with the adult; or

2. For a period of not more than sixty (60) days if the person does not have a family or pre-existing social relationship with the adult;

(g) Receive a copy of the guardian’s plan under 93-20-315 and the guardian’s well-being report under Section 93-20-315; and

(h) Object to the guardian’s plan or report.