Mississippi Code, Volume 20, 2014 Supplement

2014·11.5 MB·English

by  State of Mississippi

2014
CUMULATIVE SUPPLEMENT
TO
CODE
MISSISSIPPI
ANNOTATED
1972
Issued September 2014
CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI
ENACTED THROUGH THE 2014 REGULAR SESSION
AND 1ST AND 2ND EXTRAORDINARY SESSIONS
OF THE LEGISLATURE
PUBLISHED BYAUTHORITY OF
THE LEGISLATURE
SUPPLEMENTING
Volume 20
Titles 91 to 95
(As Revised 2013)
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User's Guide
Inorderto assistboththe legal profession andthe laymanin obtainingthe
maximum benefitfrom the Mississippi Code of1972Annotated, aUser's Guide
has been included in the main volume. This guide contains comments and
information on the many features found within the Code intended to increase
the usefulness ofthe Code to the user.
iii
Digitized by the Internet Archive
2014
in
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PUBLISHER'S FOREWORD
Statutes
The 2014 Supplement to the Mississippi Code of 1972 Annotated reflects
the statute law of Mississippi as amended by the Mississippi Legislature
through the end ofthe 2014 Regular Session and 1st and 2nd Extraordinary
Sessions.
Annotations
Case annotations are included based on decisions ofthe State and federal
courts in cases arising in Mississippi. Annotations to collateral research
references are also included.
To better serve our customers by making our annotations more current,
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publication. Rather than waiting for cases to appear in printed reporters, we
now read court decisions as they are released by the courts. A consequence of
this more current reading ofcases, as they are posted online on LexisNexis, is
thatthe mostrecentcases annotatedmaynotyethave printreportercitations.
These will be provided, as they become available, through later publications.
This publication contains annotations taken from decisions ofthe Missis-
sippi Supreme Court andthe CourtofAppeals and decisions ofthe appropriate
federal courts. These cases will be printed in the following reporters:
Southern Reporter, 3rd Series
United States Supreme Court Reports
Supreme Court Reporter
United States Supreme Court Reports, Lawyers' Edition, 2nd Series
Federal Reporter, 3rd Series
Federal Supplement, 2nd Series
Federal Rules Decisions
Bankruptcy Reporter
Additionally, annotations have been taken from the following sources:
American Law Reports, 6th Series
American Law Reports, Federal 2nd
Mississippi College Law Review
Mississippi Law Journal
Finally, published opinions of the Attorney General and opinions of the
Ethics Commission have been examined for annotations.
Amendment Notes
Amendment notes detail how the new legislation affects existing sections.
Editor's Notes
Editor's notes summarize subject matter and legislative history of re-
pealed sections, provide information as to portions oflegislative acts thathave
not been codified, or explain other pertinent information.
V
Publisher's Foreword
Joint Legislative Committee Notes
Joint Legislative Committee notes explain codification decisions and
corrections ofCode errors made by the Mississippi Joint Legislative Commit-
tee on Compilation, Revision, and Publication ofLegislation.
Tables
The StatutoryTablesvolume adds tables showingdisposition oflegislative
acts through the 2014 Regular Session and 1st and 2nd Extraordinary
Sessions.
Index
The comprehensive Index to the Mississippi Code of 1972 Annotated is
replaced annually, and we welcome customer suggestions. The foreword to the
Index explains our indexing principles, suggests guidelines for successful
index research, and provides methods for contacting indexers.
Acknowledgements
The publisher wishes to acknowledge the cooperation and assistance
rendered by the Mississippi Joint Legislative Committee on Compilation,
Revision, and Publication ofLegislation, as well as the offices ofthe Attorney
General and Secretary ofState, in the preparation ofthis supplement.
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September 2014 LexisNexis
vi
SCHEDULE OF NEW SECTIONS
Added in this Supplement
TITLE 91. TRUSTSAND ESTATES
CHAPTER 8. Mississippi Uniform Trust Code
Article 1. General Provisionsand Definitions
Sec.
91-8-101. Short title.
91-8-102. Scope.
91-8-103. Definitions.
91-8-104. Knowledge.
91-8-105. Default and mandatory rules.
91-8-106. Common law oftrusts; principles ofequity.
91-8-107. Governing law.
91-8-108. Principal place ofadministration.
91-8-109. Methods and waiver ofnotice.
91-8-110. Others treated as qualified beneficiaries.
91-8-111. Nonjudicial settlement agreements.
91-8-112. Rules ofconstruction.
Article 2. Judicial Proceedings
91-8-201. Role ofcourt in administration oftrust.
91-8-202. Jurisdiction over trustee and beneficiary.
91-8-203. Subject-matterjurisdiction.
91-8-204. Venue.
91-8-205. Judicial accountings and settlements.
Article 3. Representation
91-8-301. Representation: basic effect.
91-8-302. Representation by holder ofpower ofappointment.
91-8-303. Representation by fiduciaries and parents.
91-8-304. Representation by person having substantially identical interest.
91-8-305. Appointment ofrepresentative.
Article 4. Creation, validity, modification,and termination of trust
91-8-401. Methods ofcreating trust.
91-8-402. Requirements for creation.
91-8-403. Trusts created in otherjurisdictions.
91-8-404. Trust purposes.
91-8-405. Charitable purposes; enforcement.
91-8-406. Creation oftrust induced by fraud, duress, or undue influence.
91-8-407. Evidence oforal trust; trust in land.
91-8-408. Trust for care ofanimal.
91-8-409. Noncharitable trust without ascertainable beneficiary.
91-8-410. Modification or termination oftrust; proceedings for approval or disap-
proval.
91-8-411. Modification or termination ofnoncharitable irrevocable trust by con-
sent.
2014 Supplement 1
Schedule of New Sections
91-8-412. Modification or termination because ofunanticipated circumstances or
inability to administer trust effectively.
91-8-413. Cy pres.
91-8-414. Modification or termination ofuneconomic trust.
91-8-415. Reformation to correct mistakes.
91-8-416. Modification to achieve settlor's tax objectives.
91-8-417. Combination and division oftrusts.
Article 5. Creditor's Claims; Spendthriftand Discretionary Trusts
[Reserved]
Article 6. Revocable Trusts
91-8-601. Capacity ofsettlor ofrevocable trust.
91-8-602. Revocation or amendment ofrevocable trust.
91-8-603. Settlor's powers; powers ofwithdrawal.
91-8-604. Limitation on action contestingvalidity ofrevocable trust; distribution
oftrust property.
Article 7. Office of Trustee
91-8-701. Accepting or declining trusteeship.
91-8-702. Trustee's bond.
91-8-703. Cotrustees.
91-8-704. Vacancy in trusteeship; appointment ofsuccessor.
91-8-705. Resignation oftrustee.
91-8-706. Removal oftrustee.
91-8-707. Delivery ofproperty by former trustee.
91-8-708. Compensation oftrustee, trust advisor and trust protector.
91-8-709. Reimbursement ofexpenses.
91-8-710. Directed trusts.
91-8-711. Directed trusts; accepting or declining fiduciary appointment.
91-8-712. Directed trusts; fiduciary's bond.
91-8-713. Vacancy; directed trusts.
91-8-714. Directed trusts; resignation offiduciary.
91-8-715. Directed trusts; removal offiduciary.
Article 8. Dutiesand Powers of Trustee
91-8-801. Duty to administer trust.
91-8-802. Duty ofloyalty.
91-8-803. Impartiality
91-8-804. Prudent administration.
91-8-805. Costs ofadministration.
91-8-806. Trustee's skills.
91-8-807. Delegation by trustee.
91-8-808. Powers to direct.
91-8-809. Control and protection oftrust property.
91-8-810. Recordkeeping and identification oftrust property.
91-8-811. Enforcement and defense ofclaims.
91-8-812. Collecting trust property.
91-8-813. Duty to inform and report.
91-8-814. Exercise ofpowers over discretionary and other interests; tax savings.
91-8-815. General powers oftrustee.
91-8-816. Specific powers oftrustee.
91-8-817. Distribution upon termination.
2 2014 Supplement
Schedule of New Sections
Article 9. Uniform Prudent InvestorAct
Sec.
91-8-901. Prudent InvestorAct incorporated by reference.
Article 10. Liability of Trusteesand Rights of Persons Dealing with Trustee
91-8-1001. Remedies for breach oftrust.
91-8-1002. Damages for breach oftrust.
91-8-1003. Damages in absence ofbreach.
91-8-1004. Attorney's fees and costs.
91-8-1005. Limitation of action against trustee by a beneficiary, a trustee, trust
advisor or trust protector.
91-8-1006. ReHance on trust instrument.
91-8-1007. Event affecting administration or distribution.
91-8-1008. Exculpation oftrustee.
91-8-1009. Beneficiary's consent, release, or ratification.
91-8-1010. Limitation on personal liability oftrustee.
91-8-1011. Interest as general partner.
91-8-1012. Protection ofperson dealing with trustee.
91-8-1013. Certification oftrust.
91-8-1014. Enforcement ofno-contest, in terrorem or forfeiture provisions.
Article 11. Miscellaneous Provisions
91-8-1101. Uniformity ofapplication and construction.
91-8-1102. Electronic records and signatures.
91-8-1103. Severability clause.
91-8-1104 and 91-8-1105. [Reserved]
91-8-1106. Application to existing relationships.
91-8-1107. Alter ego.
91-8-1108. Dominion and control over a trust.
91-8-1109. Protection ofspecial needs trusts and other similar trusts for disabled
persons.
Article 12. TrustAdvisorsand Trust Protectors
91-8-1201. Powers oftrust advisors and trust protectors.
91-8-1202. Trust advisors and trust protectors as fiduciaries.
91-8-1203. Trust advisor and trust protector subject to courtjurisdiction.
91-8-1204. No duty to review actions oftrustee, trust advisor, or trust protector.
91-8-1205. Fiduciary's liability for action or inaction oftrustee, trust advisor, and
trust protector.
91-8-1206. Limitation ofaction against trust advisor or trust protector.
CHAPTER 9. Trusts and Trustees
Article 15. Mississippi Qualified Disposition in TrustAct
91-9-701. Short title.
91-9-703. Definitions.
91-9-705. Qualified affidavit; contents.
91-9-707. Claims or actions against property subject to qualified disposition;
claims or actions against trustees.
91-9-709. Transferor's powers and rights.
91-9-711. Avoidance ofqualified disposition.
91-9-713. Spendthrift restriction.
91-9-715. Qualified trustees; advisors.
91-9-717. Investment advisors; service.
2014 Supplement 3
Schedule of New Sections
91-9-719. Failure to meet requirements; qualified trustees.
91-9-721. Revocation.
91-9-723. Application ofarticle.
CHAPTER 14. UniformAdult Guardianship and Protective Proceedings
JurisdictionAct
Article 1. General provisions
93-14-101. Short title.
93-14-102. Definitions.
93-14-103. International application ofchapter.
93-14-104. Communication between courts.
93-14-105. Cooperation between courts.
93-14-106. Taking testimony in another state.
Article 2. Jurisdiction
93-14-201. Definitions; significant connection factors.
93-14-202. Exclusive basis.
93-14-203. Jurisdiction.
93-14-204. Specialjurisdiction.
93-14-205. Exclusive and continuingjurisdiction.
93-14-206. Appropriate forum.
93-14-207. Jurisdiction declined by reason ofconduct.
93-14-208. Notice ofproceeding.
93-14-209. Proceedings in more than one state.
Article 3. Transfer of Guardianship or Conservatorship
93-14-301. Transfer ofguardianship or conservatorship.
93-14-302. Accepting guardianship or conservatorship transferred from another
state.
Article 4. Registrationand recognition of orders from other states
93-14-401. Registration ofguardianship orders.
93-14-402. Registration ofprotective orders.
93-14-403. Effect ofregistration.
Article 5. Miscellaneous Provisions
93-14-501. Uniformity ofapplication and construction.
93-14-502. RelationtoElectronicSignaturesinGlobalandNationalCommerceAct.
93-14-503. Reserved.
93-14-504. Transitional provision.
CHAPTER 17.Adoption, Change ofName, and Legitimation ofChildren
Article 9. Mississippi Registration of ForeignAdoptionsAct
93-17-301. Short title.
93-17-303. Registration offoreign adoptions.
93-17-305. Procedure for registration of foreign adoption decree; jurisdiction; re-
strictions; exceptions; forms.
93-17-307. Forms.
CHAPTER 21. Protection from DomesticAbuse
Article 3. Domestic Violence Shelters
93-21-119. Office Against Interpersonal Violence (OAIV) estabhshed; OAIVAdvi-
sory Board; purpose, membership.
4 2014 Supplement