(1) On receipt of a petition under Section 93-20-302 for appointment of a guardian for a respondent who is an adult, the court must set a date, time and place for a hearing, and shall cause not less than seven (7) days’ notice thereof to be given to the adult for whom the guardian is to be appointed, except that the court may, for good cause shown, direct that a shorter notice be given.
(2) In a proceeding on a petition under Section 93-20-302, notice of the hearing must also be given to any of the persons required to be listed in the petition under subsection (3) and any other person the court determines is entitled to notice. Failure to give notice does not preclude the court from appointing a guardian.
(3) Unless the court finds that the adult for whom the guardian is to be appointed is competent and joins in the petition, the notice shall also be given to:
(a) Any conservator appointed to the respondent; and
(b) The following persons, listed in order of preference, so that personal service is had on the person for whom the guardian is to be appointed and on at least one (1) relative who resides in Mississippi, other than the petitioner:
(i) Each of the spouse, children, parents and siblings of the adult for whom the guardian is to be appointed, but if none of those can be found, then to:
(ii) One (1) adult relative of the person for whom the guardian is to be appointed who is not the petitioner and who resides in Mississippi if that relative is within the third degree of kinship. If no relative within the third degree of kinship to the person for whom the guardian is to be appointed is found residing in the State of Mississippi, the court shall either designate some other appropriate person to receive the notice or appoint a guardian ad litem to receive notice.
(4) If the person for whom the guardian is to be appointed is entitled to any benefit, estate or income paid or payable by or through the Veterans’ Administration of the United States government, such administration must also be given notice.
(5) Notice of a hearing on a petition seeking an order under this article that is filed after the appointment of a guardian, together with a copy of the petition, must be given to the respondent, the guardian, and any other person the court determines.
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