Disclaimer: This article provides general information about Mississippi guardianship practice. It is not legal advice. For advice about a specific situation, consult a licensed Mississippi attorney.
Detailed answer — how Mississippi treats guardianship of the person versus guardianship of the estate
Short answer: No. In Mississippi, authority over a person (personal care, medical decisions, living arrangements) and authority over that person’s assets and money are separate legal powers. Being appointed guardian of the person does not automatically give you the legal right to control the protected person’s estate. To manage money, property, bank accounts, or other assets you generally must be separately appointed to handle the estate (often called a guardian of the estate or conservator) or have another legal basis such as a durable power of attorney.
Why the court separates the roles
Court systems separate personal and financial authority to protect the ward’s interests and to create checks and balances. Someone charged with medical and daily-life decisions (guardian of the person) may face different duties and potential conflicts than someone who manages the ward’s money (guardian of the estate or conservator). The court can appoint one person to both roles, but it must do so by separate grant of authority.
Typical process to obtain authority over the estate
- File a petition in the appropriate Mississippi probate court asking for appointment as guardian of the person, guardian of the estate, or both.
- Give notice to the proposed ward, close family members, and others required by statute so they can object or consent.
- The court will hold a hearing to determine incapacity (for adults) or need for guardianship (for minors or incapacitated adults) and to determine what powers are necessary.
- If the court finds the appointment appropriate, it issues separate letters/orders that define the scope of authority for the person role and the estate role. If you only asked for (or were only granted) guardianship of the person, you will not receive powers to handle finances.
- If appointed to handle estate matters, the court typically requires an inventory of assets, may require a bond, and will require periodic accountings and court approval for major transactions (for example, the sale of real estate or certain investments).
Common exceptions and alternatives
- Durable power of attorney: If the protected person previously signed a valid durable power of attorney that grants another person financial authority, that agent can lawfully manage finances without a court appointment until the power ends or is revoked.
- Joint accounts, pay-on-death (POD) designations, or co-trustee arrangements: These contract-based mechanisms can give another person access to funds or assets without a guardianship order, depending on how they are set up.
- Emergency or temporary conservatorship: If urgent access to funds is necessary to pay for care or to protect assets, a probate court can grant temporary/expedited authority to a conservator or guardian of the estate pending a full hearing.
Practical effects of not having estate authority
If you are only the guardian of the person and you try to pay bills, cash checks, or move money without a court order or other legal authority, you may be legally liable for misapplication of funds. Banks will typically require court letters or other proof before handing over funds. To avoid liability, get the proper appointment, seek a court order, or use lawful alternatives (POA, beneficiary designations).
How courts supervise estate guardians
The court oversees the guardian of the estate by requiring an inventory shortly after appointment, requiring regular accounting, and by requiring court permission for certain transactions. The court can require a bond to protect the ward’s assets and can remove a guardian who misuses funds or fails to report.
Practical example (hypothetical)
Mary petitions the county probate court asking to be appointed guardian of her elderly mother’s person so she may make medical decisions and arrange care. The court grants Mary guardianship of the person but does not appoint Mary to manage her mother’s bank account. When Mary needs to pay for care, she discovers she cannot legally access the funds. Mary then files for appointment as guardian of the estate (or seeks court permission for specific payments). The court requires an inventory and may require a bond before granting estate authority.
Helpful hints
- When you file: ask the court for both person and estate authority if you intend to manage both care and finances. That avoids a second proceeding in many cases.
- Bring documents: medical records supporting incapacity, asset lists, account statements, and information about beneficiaries. The court will want an inventory and supporting evidence for the need for financial oversight.
- Check for existing powers: look for a durable power of attorney, trust documents, joint accounts, or beneficiary designations that already give someone authority over finances.
- Expect fiduciary duties: if appointed to manage the estate, keep detailed records, avoid mixing your personal funds with the ward’s, and get court approval for major moves of money or property.
- Know emergency options: if urgent access to funds is needed to prevent harm, ask the probate court about temporary conservatorship or emergency orders.
- Use local resources: Mississippi probate courts and the state judiciary site have procedural information and forms. For help locating a lawyer, check the Mississippi Bar’s lawyer referral resources.
- Hire counsel for complex estates: if the ward has substantial assets, business interests, or contested family issues, a lawyer experienced in Mississippi guardianship and probate can reduce risk and help with required filings and accountings.
Where to learn more and find help
Mississippi probate courts handle guardianship petitions. For general information and forms, start at the Mississippi Judiciary website: https://www.courts.ms.gov/. For legislative text and statute lookup, visit the Mississippi Legislature site: https://www.mslegislature.org/. To find a Mississippi attorney, see the Mississippi Bar: https://www.msbar.org/.
If you need a clear, case‑specific answer about whether you should seek authority over the estate, how to ask the court, or whether an existing document already gives someone financial authority, talk with a Mississippi probate or elder law attorney.