As Amended
SEC. 93-13-121. Incompetent adult; appointment of guardian.
In any case where a guardian has been appointed for an adult person by a court of competent jurisdiction of any state and such adult thereafter, at the time of filing the petition provided for in this section, is a resident of this state, and is incompetent to manage his or her estate, the chancery court of the county of the domicile of such adult shall have jurisdiction and authority to appoint a guardian for such incompetent adult upon the conditions hereinafter specified; provided that infirmities of old age shall not be considered elements of infirmities.
The petition for the appointment of a guardian under the provisions of this section shall be filed by the incompetent or his guardian in the office of the clerk of the chancery court in the county of the residence of the incompetent and process shall be served as provided in section 93-13-281, unless joined in by that person or those persons therein prescribed.
Upon the return day of the process, the chancellor, if in vacation, or the court, if in term time, shall cause the applicant to appear in person and then and there examine such applicant and all interested parties, and if after such examination the chancellor, in vacation, or the court, in term time, be of the opinion that the applicant is incompetent to manage his or her estate, then it shall be the duty of the court to appoint a guardian of the estate of such applicant; provided, however, that in no instance shall the court have authority to appoint a guardian under the provisions of this section unless it shall examine the applicant in person, and find after such examination that such applicant is incompetent to manage his or her estate.
A guardian appointed under the provisions of this section shall be required to make and file annual accounts of his acts and doings as in case of guardians for insane persons.
SOURCES: Codes, 1942, Sec. 434; Laws, 1938, ch. 263; 1972, ch. 408, Sec. 14, eff from and after July 1, 1972.