Annotate Legal Mississippi Guardianship Forms For Free

A guardianship is similar to a conservatorship as it follows some of the same statutes. But while a conservatorship helps preserve the estate of an older person, a guardianship is generally for younger people or disabled persons who need their assets to be properly protected.

A legal guardian is someone who is appointed by the court to take responsibility for another person, known as a "ward." A ward can be either a child or an adult who for some reason cannot manage his own affairs. Although you can appoint a guardian in your will, the probate court is not obligated to accept your choice.

In order to file for Mississippi guardianships, you'll have to file a petition with the local court, undergo investigation from the court, testify in front of the court, and eventually be approved if a judge determines the guardianship is in the best interests of the ward.

The petition must state the person for whom and the reason a guardianship/conservatorship is sought. It must also include the prescribed due process language to ensure the ward is aware of his/her rights. The petition must be served on the proposed ward at least seven days prior to the hearing along with the summons.

A conservator is accountable to the court for his/her actions and it allows for oversight. This is generally a more powerful mechanism than a Power of Attorney due to the backing of the Court. The State has recently changed the process through the GAP act. An attorney is required for a conservatorship and guardianship.

Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent. If two (2) or more persons have requested responsibility as guardian for the adult, the court shall select as guardian the person the court considers best qualified.