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Rule 81 requires use of a special summons which commands that the defendant appear and defend at a specific time and place set by order of the court and informs him or her that no answer is necessary. See MISS. R.
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.
In an effort to Guard and Protect Mississippi's vulnerable children and adults, the Mississippi legislature passed the Mississippi GAP Act; a solution which corresponds with existing court rules and ensures that Mississippians Guard and Protect those who cannot adequately defend themselves.
In Mississippi, the court may appoint a conservator to be the conservator of the person or the conservator of the estate of the ward, or both. The conservator of the person controls the health care and well being of the ward. The conservator of the estate takes control of the ward's property and financial matters.
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.
Ask the Court to End the Guardianship If a guardianship is no longer needed for any reason, a person can file a petition asking the court to terminate the guardianship. If granted, the guardianship ends completely.
Upon petition by the individual or ?one or more of his friends or relatives,? a court can appoint a conservator ?if a person is incapable of managing his own estate by reason of advanced age, physical incapacity or mental weakness?? MS Code § 93-13-251.
How do I get rid of a conservator in Mississippi? (2) A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.