Disclaimer: This article is for educational purposes only. It does not constitute legal advice.
Detailed Answer
To seek guardianship or conservatorship for an incapacitated adult in Mississippi, follow these steps:
- Assess Capacity. Determine whether your relative lacks the physical or mental capacity to manage personal or financial affairs. A qualified professional, such as a physician or psychologist, must evaluate and provide a written report. This report supports your petition.
- Choose the Right Court. File your petition in the Chancery Court of the county where the proposed ward resides. Guardianship petitions appear under Miss. Code Ann. § 93-17-1 et seq.
- Prepare and File a Petition. Draft a petition outlining:
- Name, age, and address of the proposed ward
- Your relationship to the ward and why you qualify as guardian or conservator
- Medical certification of incapacity
- A plan for care or asset management
Submit the petition and any required filing fee to the Chancery Court clerk.
- Serve Notice. Notify the proposed ward, spouse, next of kin, and other interested parties of the hearing date. Follow service rules under Miss. R. Civ. P. 4(d) and state statutes.
- Appoint a Guardian ad Litem or Examiner. The court may appoint an attorney or examiner to represent the proposed ward’s interests and ensure due process.
- Attend the Hearing. Present medical reports and evidence of incapacity. The proposed ward has the right to attend, testify, and object. The court evaluates capacity, need for guardianship versus a less restrictive alternative, and your suitability.
- Obtain Letters. If the court finds incapacity, it issues Letters of Guardianship and/or Letters of Conservatorship. You must post any required bond under Miss. Code Ann. § 93-17-43 and file proof with the court.
- Fulfill Ongoing Duties. As guardian, you manage personal care and living arrangements. As conservator, you handle assets. File annual reports and accountings as required by Miss. Code Ann. § 93-17-57. Maintain detailed records of your actions and decisions.
Helpful Hints
- Consult the Chancery Court clerk for local forms and procedures.
- Obtain at least two independent medical evaluations.
- Keep detailed financial and care records after appointment.
- Communicate regularly with family members to avoid disputes.
- Consider alternatives like a durable power of attorney before filing.
- Work with an attorney who handles Mississippi guardianships for complex estates.