(1) The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem, and the guardian ad litem must be present at the hearing and present the interests of the respondent.
(2) The chancery judge shall be the judge of the number and character of the witnesses and proof to be presented, except that the proof must include certificates made after a personal examination of the respondent by the following professionals, each of whom must make in writing a certificate of the result of that examination to be filed with the clerk of the court and become a part of the record of the case.(a) Two (2) licensed physicians;(b) One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician’s assistant; or(c) If the respondent has been committed to the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients at the time the petition is pending, and has been committed by a Mississippi chancery court for mental health evaluations at least three (3) times in the past twenty-four (24) months before the petition was filed, medical professionals employed by the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients shall, in accordance with the guidelines listed in paragraphs (a) and (b) conduct the personal examination of the respondent and shall sign the certificate indicating the result of the personal examination.
(a) Two (2) licensed physicians;
(b) One (1) licensed physician and either one (1) licensed psychologist, nurse practitioner, or physician’s assistant; or
(c) If the respondent has been committed to the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients at the time the petition is pending, and has been committed by a Mississippi chancery court for mental health evaluations at least three (3) times in the past twenty-four (24) months before the petition was filed, medical professionals employed by the Mississippi State Hospital, North Mississippi State Hospital, East Mississippi State Hospital, any other state hospital or any medical facility contracted by such state hospital to house patients shall, in accordance with the guidelines listed in paragraphs (a) and (b) conduct the personal examination of the respondent and shall sign the certificate indicating the result of the personal examination.
(3) The personal examination may occur face-to-face or via telemedicine, but any telemedicine examination must be made using an audiovisual connection by a physician licensed in this state and as defined in Section 83-9-351. A nurse practitioner or physician assistant conducting an examination shall not also be in a collaborative or supervisory relationship, as the law may otherwise require, with the physician conducting the examination. A professional conducting an examination under this section may also be called to testify at the hearing.
(4) The personal examination requirement in subsections (2) and (3) does not apply if the respondent is:(a) Missing, detained or unable to return to the United States; or(b) A minor with no other disability or incapacity. However, a personal examination is required to extend a conservatorship beyond the age of majority.
(a) Missing, detained or unable to return to the United States; or
(b) A minor with no other disability or incapacity. However, a personal examination is required to extend a conservatorship beyond the age of majority.