93-13-125 - Persons of unsound mind; guardian for resident confined but not properly adjudged mentally unsound.
§ 93-13-125. Persons of unsound mind; guardian for resident confined but not properly adjudged mentally unsound.
The chancery court of any county in which may be situated the property or any part thereof, or debt due to, or right of action of any citizens of this state who have not been adjudged to be of unsound mind, or may have been so adjudged in proceedings which did not fully comply with the law in effect at the time of such adjudication, may appoint guardians of the estates of such persons, provided such persons: (1) have been continuously confined in a mental hospital operated by the State of Mississippi or by the United States government within the State of Mississippi for a period of more than one year and are still so confined, (2) are of unsound mind, (3) are mentally incapable of taking care of their estates, and (4) are incapable of responding to process. Such appointment may be made upon the sworn petition of a relative or friend of such person or upon the petition of any other interested party and if there is attached to such petition a certificate of the director of the hospital in which such person is confined showing the existence of the conditions hereinabove prescribed, no process upon such person or further proof of incompetency shall be required. If at any time it be made to appear to the satisfaction of the court that such person has been restored to sanity, such guardianship may be terminated and ended as now provided by law.
Sources: Codes, Hemingway's 1917, § 397; 1930, § 1896; 1942, § 432; Laws, 1914, ch. 159; Laws, 1920, ch. 317; Laws, 1956, ch. 210, §§ 1, 2, eff. July 1, 1956.