COLEMAN, Justice, for the Court:
¶ 1. In the instant guardianship case, the ward's guardian petitioned for transfer of the guardianship to Louisiana, where the ward and guardian had moved. Also before the court was a proposed investment plan for the ward's proceeds from a settlement. The chancellor denied both the request to transfer the guardianship and the guardian's proposed investment plan, and the guardian appealed. Finding no error, we affirm.
¶ 2. Blaine Roshto was born to Shane and Natalie Roshto on February 13, 2007. On April 20, 2010, Shane died in the Deepwater Horizon oil rig explosion. Natalie and Blaine were Shane's sole heirs and wrongful death beneficiaries. The Amite County Chancery Court appointed Natalie as Blaine's guardian, because Blaine had a potential claim for damages for the wrongful death of his father. In April 2011, the court authorized a substantial settlement on Blaine's behalf. In light of a dispute regarding attorneys' fees in the wrongful death suit and a request from Natalie to invest Blaine's funds in non-insured deposit accounts, the chancellor determined that a guardian ad litem was needed to protect Blaine's interest. The court appointed Joseph Stinson as Blaine's guardian ad litem.
¶ 3. Natalie married Slade Deason in July 2011, and she and Blaine moved to Slade's hometown in Louisiana.
¶ 4. The chancery court held two hearings on Natalie's motion to transfer and the investment proposal, during which the chancellor heard testimony from Natalie, the guardian ad litem, financial advisors, and one of Natalie's attorneys. The chancellor heard extensive testimony from and asked questions of the financial experts regarding the proposed investments as well as the Certificate of Deposit Account Registry Service (CDARS).
¶ 5. Throughout both proceedings, the chancellor repeatedly expressed that her focus was on Blaine's best interest. After considering the pleadings and reports, holding two hearings, listening to extensive testimony from both sides, and engaging in the discussion and questioning the witnesses,
¶ 6. Natalie raises two issues on appeal. First, she claims that the chancery court abused its discretion by denying the transfer of the guardianship to Louisiana. She maintains that if the Court finds abuse of discretion and authorizes the transfer, then the second issue is moot. However, if the Court finds that the guardianship should remain in Mississippi, Natalie asserts that the chancery court abused its discretion in directing that the entire settlement amount be invested in CDARS.
¶ 7. "A minor under guardianship is a ward of the [c]hancery [c]ourt." Carpenter v. Berry, 58 So.3d 1158, 1162 (¶ 19) (Miss.2011) (quoting Matter of Conservatorship of Mathews, 633 So.2d 1038, 1039 (Miss.1994)). Decisions related to a guardianship lie largely within the sound discretion of the chancellor, as the ultimate guardian of wards of the court, and those decisions are reviewed for abuse of discretion. See Jackson v. Jackson, 732 So.2d 916, 920-21 (¶ 5) (Miss.1999); Conservatorship of Harris v. King, 480 So.2d 1131, 1132 (Miss.1985); Neville v. Kelso, 211 So.2d 825, 826 (Miss.1968); Conner v. Polk, 161 Miss. 24, 133 So. 604, 605 (1931). "This Court will not disturb the findings of a chancellor when supported by substantial evidence unless the chancellor abused his discretion, was manifestly wrong, clearly erroneous[,] or an erroneous legal standard was applied." Sanderson v. Sanderson, 824 So.2d 623, 625-26 (¶ 8) (Miss.2002) (quoting Kilpatrick v. Kilpatrick, 732 So.2d 876, 880 (¶ 13) (Miss.1999)).
¶ 8. Natalie argues that the chancery court abused its discretion by denying the transfer of the guardianship to Louisiana based solely on "unwarranted speculation" that Natalie's marriage to Slade would fail. She also asserts that the chancery court abused its discretion by failing to apply a "reasonable legal standard" to the determination of whether to transfer the guardianship. We hold that the chancellor's decision to deny the transfer was based on substantial evidence and, further, the chancellor correctly applied the standard and procedure of Mississippi Code Section 93-13-63 pertaining to transfer of guardianships.
¶ 9. Mississippi Code Section 93-13-63 provides that "[i]f a guardian desire to remove the person and personal property of his ward out of this state, on petition and on his making settlement of his guardianship accounts, the court which appointed him may make an order to that effect[.]" Miss.Code Ann. § 93-13-63 (Rev. 2013) (emphasis added). According to Section 93-13-63, for the court to allow a guardianship to be moved out of Mississippi, the guardian must: (1) file a petition requesting removal of the guardianship; (2) settle the guardianship accounts; and (3) give a bond with two sureties residing in Mississippi for the full value of the estate to ensure that the guardian will qualify as guardian and file required paperwork in the new jurisdiction. Id. Section 93-13-63 is permissive, not mandatory, and the statute gives the chancellor
¶ 10. Natalie asserts that the chancellor's denial of her request to move the guardianship rested solely on concerns about Natalie's new marriage; however, a review of the record and the hearing transcripts indicates otherwise. The chancellor heard testimony from Natalie, the guardian ad litem, and financial advisors regarding the proposed investments and the transfer to Louisiana. The chancellor also had an extensive report from the guardian ad litem and a response to that report from Natalie.
¶ 11. Natalie testified and presented evidence that she already had been appointed as Blaine's tutrix (the Louisiana equivalent of a guardian) by a district court in Louisiana and that she had presented a complete inventory of Blaine's estate to that court. Natalie testified that she and Slade were building a house in Louisiana, Blaine was enrolled in school there, Blaine's primary doctors were in Louisiana, she received her bills and financial information in Louisiana, she had a Louisiana driver's license, she was registered to vote there, and her primary doctors and lawyers were in Louisiana. She testified that she intended to raise Blaine in Louisiana and live there for the rest of her life.
¶ 12. The guardian ad litem recommended that the transfer be denied. He was concerned that the age of majority in Louisiana is eighteen, while it is twenty-one in Mississippi; thus, in Louisiana, Blaine would receive his money at a younger age, and he may not have the maturity to handle such a substantial sum of money. He was concerned that, at the time of the hearing, Natalie and Blaine had been living in Louisiana only seven months, since Natalie married Slade, and the only reason they moved there was because it was Slade's state of residence. He testified that Natalie and Blaine had strong connections to Amite County. Both Natalie and Blaine had lived in Amite County for their entire lives until the move to Louisiana seven months before. Further, her parents and grandparents lived in Amite County. The guardian ad litem opined that if anything were to go wrong in the marriage, Natalie and Blaine likely would return to Mississippi, where their family lives. He suggested that the guardianship could be transferred at a later date if it was in Blaine's best interest. However, due to the recency of their move to Louisiana, he recommended that the guardianship remain in Mississippi.
¶ 13. As discussed above, Natalie attached the letter from her investment advisors to the petition to transfer Blaine's guardianship. The chancellor had asked Natalie to provide the investment information at an earlier hearing after Natalie raised the issue of investing Blaine's settlement funds in non-insured deposit accounts. Natalie had provided the requested information, and the chancellor had appointed a guardian ad litem to consider
¶ 14. At the end of the first hearing, the chancellor said that she intended to deny the transfer. She correctly explained that, under the statute, whether to allow the transfer was entirely within her discretion. The chancellor shared the guardian ad litem's concern about Natalie's new marriage, noting that Natalie and Slade had been brought together through severe tragedy, and that they had known each only a short time, on the heels of that tragedy, before getting married. The chancellor held that in the interest of Blaine's stability, the guardianship should remain in Mississippi.
¶ 15. After the second hearing pertaining to the investment proposal, the chancellor entered an order denying Natalie's request to transfer the guardianship and directing that Blaine's settlement proceeds be invested in CDARS. The chancellor only briefly mentioned the denial of the transfer in the order; however, a review of the order, the record, and the hearing transcripts indicates that the chancellor considered many factors, including concerns about the longevity of Natalie's marriage, the short length of time Natalie and Blaine had been in Louisiana compared to how long they had lived in Mississippi before the move, Natalie and Blaine's roots and family connection to Mississippi, Natalie's age and background, Natalie's lack of financial sophistication and understanding of investments, the age of majority in Louisiana, and the best interest of the child. There is nothing arbitrary about the chancellor's order, she did not err as to any factual determinations, and she did not follow an incorrect legal standard.
¶ 16. At the core of this issue is the fundamental tenet that "[a] minor under guardianship is a ward of the [c]hancery [c]ourt." Carpenter, 58 So.3d at 1162 (¶ 19) (quoting Mathews, 633 So.2d at 1039). We have written the following about a chancellor's duty to a minor under guardianship:
Id. In refusing to transfer the guardianship, the chancellor reached a carefully considered determination of the issue before her and fulfilled her duty to "act with constant care and solicitude towards the preservation and protection" of Blaine's estate. We cannot find abuse of discretion or error of law on her part.
¶ 17. The chancellor determined that, because Natalie's proposed investment plan would not limit the funds to being placed in FDIC insured accounts from which funds could not be withdrawn without a court order, Mississippi Code Section 93-13-17 required the guardian post a bond in the full amount of the guardianship funds. The chancellor noted, and the parties had conceded, that "such a bond would be extremely difficult to find and that the annual premium would be exorbitant." Regarding the use of a structured settlement, the chancellor expressed concern that "the minimal savings on income taxes would be offset by the cost of the bond and by the loss of potential increased earnings when the interest rates rise." As to the proposal to put half of the money into a trust account, the chancellor held that "[a]llowing the funds to be placed outside the control of the [c]ourt, without bond, would be an abuse of the authority of the [c]ourt and neglectful of the duty to the minor." The chancellor ordered Natalie to deposit the funds in an FDIC insured bank account in the state of Mississippi and to "avail herself of the benefits of investing through the CDARS plan to maximize protection of Blaine's assets and minimize her record keeping."
¶ 18. Natalie asserts that the trial court erred in requiring that the entirety of Blaine's settlement funds be placed into CDs. She argues that doing so violates both the reasonably prudent investor standard that governs fiduciaries
¶ 19. The plain language of the guardianship statutes unequivocally requires a bond to be posted if the ward's estate is placed in non-insured investments:
Miss.Code Ann. § 93-13-17 (Rev.2013). While we understand the desire to diversify Blaine's money and the difficulties surrounding obtaining such a large bond, the plain language of the statute simply tied
¶ 20. The chancellor heard extensive testimony on all the investment options, asked questions regarding the proposed investment strategies, requested additional research on various investment strategies, and issued a lengthy and detailed judgment explaining her decision on the investment of the ward's settlement. In her order, the chancellor noted the guardian ad litem's "serious reservations" about the proposed investment of Blaine's funds, such as "the fluctuating stability of the economy, the recent failures of large investment companies ..., the historically low interest rates [that] would affect the return on investment rate of any structured annuity, and the requirement that the guardianship assets be bonded for moneys not held in FDIC insured accounts." The chancellor cited the court's "duty to wards under its protection to ensure the proper management of the ward's estate," and it was evident throughout the proceedings that her primary concern was Blaine's best interest. The record is clear that the chancellor very carefully considered all the options and made lengthy, detailed, and thorough findings of fact and conclusions of law. Even had the statute not tied the chancellor's hands, we would not find an abuse of discretion under such a circumstance.
¶ 21. The chancery court did not abuse its discretion in denying the petition to transfer the guardianship from Mississippi to Louisiana and did not err in holding that all of Blaine's settlement funds should be placed into CDARS. Accordingly, we affirm the decision of the Amite County Chancery Court.
¶ 22.
WALLER, C.J., DICKINSON AND RANDOLPH, P.JJ., LAMAR, KITCHENS, AND PIERCE, JJ., CONCUR. KING, J., CONCURS IN PART AND DISSENTS IN PART WITH SEPARATE WRITTEN OPINION JOINED BY CHANDLER, J.
KING, Justice, concurring in part and dissenting in part:
¶ 23. I agree with the majority that the trial court did not err in its ruling on investing the ward's funds. I disagree with the majority's holding that the chancellor properly refused to transfer the guardianship to Louisiana, because the chancellor failed to adhere to any recognized legal standard in making her decision to determine if the guardianship should be transferred to Louisiana, and thus, I believe that she abused her discretion, and therefore dissent.
¶ 24. The majority claims that the chancellor based her decisions upon facts in addition to her belief that the marriage would fail. The chancellor's full ruling on that issue is as follows:
(Emphasis added.) A reading of that ruling denying the transfer indicates that the denial was predicated solely upon the chancellor's belief that the mother's marriage was not stable and was likely to fail. It is significant that there is nothing in the record which calls into question the stability of the mother's marriage.
¶ 25. The court declined to transfer the guardianship to Louisiana, and based its decision on assumptions, not facts in the record, about Natalie's marriage, as evinced by its bench ruling denying the transfer, set out above in its entirety. The court noted that the sole basis of its decision was its belief that the marriage was "statistically" likely to fail. The court did not point to what "statistics" it was referring, nor did any of the parties place any such "statistics" in the record as evidence.
¶ 26. Mississippi Code Section 93-13-63 provides that "[i]f a guardian desire to remove the person and personal property of his ward out of this state, on petition and on his making settlement of his guardianship accounts, the court which appointed him may make an order to that effect[.]" Miss.Code Ann. § 93-13-63 (Rev. 2013) (emphasis added).
¶ 27. Under an abuse-of-discretion standard, this Court must first ask whether the court below applied the correct legal standard. Burkett v. Burkett, 537 So.2d 443, 446 (Miss.1989); Plaxico v. Michael, 735 So.2d 1036, 1038 (Miss.1999). If, and only if, the lower court applied the correct legal standard, does this Court determine whether the lower court's decision was one of the several reasonable ones it could have made. Burkett, 537 So.2d at 446; Plaxico, 735 So.2d at 1038-39. "The trial court's decision will be affirmed unless there is a definite and firm conviction that the court below committed a clear error of judgment in the conclusion it reached upon weighing of relevant factors." Plaxico, 735 So.2d at 1039. This, of course, presupposes that the trial court weighed the relevant factors.
¶ 28. In this case, the chancellor did not apply any legal standard, much less the "correct" one. While neither the Legislature nor this Court has outlined the relevant factors that a chancellor is to weigh in determining whether to transfer a guardianship, that does not give the chancellor license to apply no legal standard.
Matter of Bond, 251 A.D. 651, 654, 297 N.Y.S. 493 (N.Y.App.Div.1937).
¶ 30. Mississippi law does not provide any guidance to assist a court in determining whether a guardianship should be transferred. Natalie suggests using a standard such as that used in the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Uniform Adult Guardianship Act). The Uniform Adult Guardianship Act provides that a court should enter a provisional order transferring a guardianship to another state if the court is satisfied that the other state will accept the guardianship and if:
¶ 31. In a case in which Wisconsin was asked to accept the guardianship of an incompetent adult from Illinois, the Wisconsin Supreme Court generally opined on interstate guardianship transfers.
National Probate Court Standard 3.4.3. The intent of this standard "is to facilitate the transfer of a guardianship and/or conservatorship to another state in cases in which the probate court is satisfied that the guardianship/conservatorship is valid and that the guardian/conservator has performed his or her duties properly in the interests of the respondent for the duration of his or her appointment." National Probate Court Standard 3.4.3 commentary (emphasis added). The standard assumes "that most guardians/conservators are acting in the interest of the respondent and that the notice and reporting requirements, and the opportunity to bring objections to the transfer to the attention of the court, are sufficient checks on the appropriateness of the transfer of the guardianship." Id.
¶ 32. The court in Matter of Bond did not set a standard for determining when transfer of a guardianship is appropriate, but it did rely heavily on the ward's out-of-state residence in deciding that the lower court abused its discretion by failing to transfer the guardianship. Matter of Bond, 251 A.D. at 654, 297 N.Y.S. 493. The court noted that the ward was a citizen and resident of the "sister state" and that her mother had been appointed as guardian in a court of the sister state, where both mother and child lived. Id. The court found that
Id. at 654-55, 297 N.Y.S. 493.
¶ 33. This Court should set forth factors that a chancellor may consider in making a determination of whether to transfer a guardianship to another state. I would propose the following standards be used:
This Court's review would benefit from a chancellor analyzing and weighing each factor applicable to the case before him or her and determining whether to transfer the guardianship. However, I emphasize that we should not create an all-inclusive or exclusive list, nor a checklist; certain findings regarding any factor or factors should not mandate a certain result. These considerations would simply provide
¶ 34. I would reverse the trial court's decision to not transfer the guardianship because the trial court abused its discretion by failing to employ any legal standard, by failing to provide detailed findings, and by relying on unknown statistics not in evidence. I believe this Court should give chancery courts guidance as to some legal standard they should employ in determining whether to transfer a guardianship, and I would therefore remand the case for a determination by the trial court on the petition to transfer, using the applicable factors outlined, with the parties being given a chance to present evidence on each applicable factor. I therefore dissent from the portion of the majority opinion that affirms the trial court's denial of the motion to transfer.
¶ 35. Because I agree with the majority that the trial court did not err in requiring that the entire settlement be put into CDARS, I concur with the majority opinion to the extent it affirms the chancery court on the investment issue.
CHANDLER, J., JOINS THIS OPINION.