93-13-21 - Appointment of clerk when guardian will not qualify.
§ 93-13-21. Appointment of clerk when guardian will not qualify.
If someone will not qualify as guardian of a ward who has property, it shall be the duty of the chancery court or the chancellor in vacation to appoint the clerk of said court to be the guardian of the ward, who shall discharge the duties of guardian, under the order and direction of the court, and be subject to be dealt with as for a contempt for failure. He shall be required to give a special cumulative bond as guardian, and his official bond shall also cover his liability as guardian, and he shall be bound and liable in all respects as any other guardian; but he shall not be bound to incur any cost, except out of the estate of his ward; and he shall be allowed not more than ten percent (10%) on the amount of the estate, if finally settled. At the expiration of his right to the office, he shall make a settlement of his guardianship, and immediately deliver the property of the ward to his successor in office or to such other person as the court or chancellor may have directed.
Sources: Codes, 1880, § 2117; 1892, § 2189; 1906, § 2406; Hemingway's 1917, § 1967; 1930, § 1871; 1942, § 407; Laws, 1896, ch. 92; Laws, 1928, ch. 148; Laws, 1972, ch. 408, § 8, eff from and after July 1, 1972.