93-13-131 - Drunkards and drug addicts; appointment of guardian; confinement in treatment facility.
§ 93-13-131. Drunkards and drug addicts; appointment of guardian; confinement in treatment facility.
The chancery court of the county in which an habitual drunkard, habitual user of cocaine, opium or morphine resides may appoint a guardian to him on the application of a relative or friend. When an application for appointment of a guardian is presented, if the court is satisfied there is probable grounds for the appointment, it shall direct a writ to the sheriff, commanding him to summon the person alleged to be an habitual drunkard, habitual user of cocaine, or opium or morphine. On return of the summons executed, the court shall examine the question and determine whether the person is an habitual drunkard, habitual user of cocaine, opium or morphine, and for that purpose may summon and hear witnesses, orally or by deposition, and hear the parties and their evidence. If the court is satisfied that the person is an habitual drunkard, habitual user of cocaine, opium or morphine, it shall appoint a guardian to take care of him and his estate, both real and personal, and the costs of the inquisition shall be paid out of the estate. And the court or chancellor may direct the confinement of any person adjudged to be an habitual drunkard, habitual user of cocaine, or opium or morphine, in a facility that treats alcohol or substance abuse.
Sources: Codes, 1892, § 2215; 1906, § 2433; Hemingway's 1917, § 1994; 1930, § 1898; 1942, § 435; Laws, 1950, ch. 349, § 13; Laws, 2008, ch. 442, § 31, eff from and after July 1, 2008.