93-13-111 - Appointment of guardians of person and estate, or either, for persons in need of mental treatment.
§ 93-13-111. Appointment of guardians of person and estate, or either, for persons in need of mental treatment.
The chancellor may appoint guardians of the person and estate, or either, of persons found to be in need of mental treatment as defined in Section 41-21-61 et seq. and incapable of taking care of his person and property, upon the motion of the chancellor or clerk of the chancery court, or upon the application of relatives or friends of such persons or upon the application of any other interested party. Such proceeding may be instituted by any relative or friend of such person or any other interested party by the filing of a sworn petition in the chancery court of the county of the residence of such person, setting forth that such person is in need of mental treatment and incapable of taking care of his person and estate, or either. Upon the filing of such petition, the chancellor of said court shall, by order, fix the day, time and place for the hearing thereof, either in term-time or in vacation, and the person who is alleged to be in need of mental treatment and incapable of taking care of his person or property shall be summoned to be and appear before said court at the time and place fixed, which said summons shall be served upon such person not less than five (5) days prior to the date fixed for such hearing. At such hearing all interested parties may appear and present evidence as to the truth and correctness of the allegations of the said petition. If the chancellor should find from the evidence that such person is in need of mental treatment and incapable of taking care of his estate and person, or either, the chancellor shall appoint a guardian of such person's estate and person, or either, as the case may be. In such cases, the costs and expenses of the proceedings shall be paid out of the estate of such person if a guardian is appointed. If a guardian is appointed and such person has no estate, or if no guardian is appointed, then such costs and expenses shall be paid by the person instituting the proceedings.
Sources: Laws, 1976, ch. 376, § 1, eff from and after passage (approved April 26, 1976).