The Mississippi Guardian Ad Item Order of Appointment is a court order issued by a Mississippi court appointing a Guardian Ad Item (GAL) for a minor or incapacitated person. The GAL acts as an advocate for the minor or incapacitated person in court proceedings, such as divorce, custody, guardianship, adoption, and other legal proceedings. The GAL is responsible for investigating the facts of the case, providing expert testimony, and making recommendations to the court on behalf of the minor or incapacitated person. There are two types of Mississippi Guardian Ad Item Order of Appointment: a General Order of Appointment and a Special Order of Appointment. The General Order of Appointment is issued in cases where the court believes a GAL is needed. The Special Order of Appointment is issued in cases where the court believes a GAL is needed and where the GAL is designated to serve in a specialized capacity, such as an investigator or expert witness.
Mississippi Guardian Ad Litem Order of Appointment
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FAQ
The guardian ad litem shall be paid a fee in the performance of duties pursuant to section 43-21-121(6) of the Mississippi Code. The court may order financially ableparents to pay for the reasonable fees of the guardian ad litem, or a portion thereof, pursuant to section 43-21-619 of the Mississippi Code.
In Mississippi, guardianship is a judicial process; only a court can assign guardians. Even if a parent has named a default guardian for their child, a judge ultimately decides who should be the guardian.
The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the child's best interest. The guardian ad litem is not an adversary party and the court shall insure that guardians ad litem perform their duties properly and in the best interest of their wards.
How Do You File for Guardianship in Mississippi? The first step to appoint a guardian is to file a petition in the chancery court for the county where the ward resides. After a hearing, the court issues an order concerning guardianship.
A temporary guardianship takes effect the day that all required parties sign the document, and automatically expires six months after that date if no sooner date is given.
If a party has made an allegation of neglect or abuse, the chancellor is required to appoint a GAL; otherwise, the chancellor has the discretion to decide whether or not to appoint one. At the same time that the GAL is appointed, the chancellor will designate the issues that the GAL is to investigate.
The Do's of Handling a Guardian Ad Litem Follow the guardian ad litem's instructions. One must comply with anything the guardian ad litem asks. Be polite and civil. Presenting a good persona in court makes for a more positive environment for everyone. Respect the guardian ad litem's recommendations and perspectives.