Mississippi 2022 Regular Session

Mississippi Senate Bill SB2614

Introduced
1/17/22  
Refer
1/17/22  

Caption

Mississippi Statutory Thresholds for Settlements Involving Minors Law; create.

Impact

The legislation aims to streamline the process for settling claims involving minors, potentially alleviating the burden of court involvement for minor settlements. By setting these thresholds, the bill allows guardians to effectively manage minor claims while safeguarding the minor's interests. Importantly, the bill elucidates how settlement funds should be deposited into federally insured accounts established for the minor, ensuring that funds are protected and accrue interest until the minor reaches adulthood or is otherwise qualified to access them.

Summary

Senate Bill 2614, known as the 'Mississippi Statutory Thresholds for Settlements Involving Minors Law,' establishes specific protocols under which legal guardians can settle claims involving minors. The bill defines the parameters for entering settlement agreements, specifically stipulating that claims of $25,000 or less can be settled without the appointment of a conservator or guardian ad litem. A legal guardian or parent must complete an affidavit affirming the minor will be fully compensated by the settlement or that no practical means exists to pursue further claims against the liable parties.

Contention

A notable aspect of the bill is the liability protection it affords individuals acting in good faith on behalf of minors. This protection extends to those entering into settlement agreements, shielding them from future claims related to the settlement. However, the bill could face scrutiny regarding the balance between expediency and the need for oversight in settling claims that may require judicial review. Critics may argue that removing court oversight for certain settlements could risk the minor's interests being inadequately represented or protected.

Additional_notes

The bill is set to take effect from the date of its passage, fundamentally altering how settlements involving minors are approached in Mississippi and potentially influencing family law proceedings.

Companion Bills

No companion bills found.

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