SEC. 93-13-161. Appointment of guardian for estate of person in armed forces listed as missing, etc.
(1) Whenever a person, hereinafter referred to as an absentee, who while serving in or with the armed forces of the United States, or while serving as a merchant seaman, has been officially reported or listed as missing, or missing in action, or interned in a neutral country, or beleaguered, beseiged, or captured by an enemy, has an interest in any property in this state or is a legal resident of this state and has not appointed an attorney-in-fact with authority to act in his behalf in regard to his property or interest, then the chancery court, or the chancellor in vacation, of the county of such absentee's legal residence, or of the county where the absentee's property is situated, upon petition alleging the foregoing facts and showing the necessity for providing care of the property of such absentee made by any person authorized under law to act as guardian, giving preference to next of kin as now provided by law, and upon good cause being shown, may appoint a guardian to take charge of the absentee's estate.
(2) The court shall have full discretionary authority to appoint any suitable person as such guardian and may require such guardian to post an adequate corporate surety bond and to make such reports as required by law. The guardian shall have the same powers and authority as the guardian of the estate of an infant or incompetent, depending upon whether the absentee is an infant or adult, and in the latter case, the powers and authority shall be the same as in the guardianship of an incompetent.
(3) At any time upon petition signed by the absentee, or on petition of an attorney-in-fact acting under power of attorney granted by the absentee, the court shall direct the termination of the guardianship and the transfer of all property held thereunder to the absentee or to the designated attorney-in-fact. Likewise, if at any time subsequent to the appointment of a guardian it shall appear that the absentee has died and an executor or administrator had been appointed for his estate, the court shall direct the termination of the guardianship and the transfer of all property of the deceased absentee held thereunder to such executor or administrator.
SOURCES: Codes, 1942, Sec. 450-01; Laws, 1946, ch. 309, Secs. 1-3.