Mississippi Guardianship Law
Quick Guide to Guardianships in MS
Most laws concerning Mississippi guardianship are located in Chapter 13 of the state’s revised code. For a complete listing of all Mississippi guardianship laws, visit the searchable code under the state’s judiciary.
If you are thinking about becoming certified for Mississippi guardianships, you should be fully aware of all state law, and you’ll usually want to talk with a lawyer to understand your complete rights and responsibilities as a guardian.
Eligibility Factors for Mississippi Guardianships
Any U.S. citizen in the state of Mississippi can qualify for MS guardianship except those that are mentally incompetent or determined unsuitable by the court. A person usually has to be a state citizen for MS guardianship, but a court will consider electing a nonresident if the action meets the best interests of the ward
If the Mississippi guardianship involves a minor child, immediate preference is usually given to the parent unless the court appoints another person who is more qualified for the MS guardianship. If there has been evidence of abuse or neglect from either parent within a home, preference will usually be given for another MS guardianship.
Additionally, a bank, trust company, or even private nonprofit corporations (in some cases) can act as the guardian of the estate. Also, a guardian ad litem may help within a court proceeding to help the ward through the trial process (such as a lawyer helping a child within a child custody hearing).
What are Specific Responsibilities within a MS Guardianship?
Mississippi guardianships require all of the following duties unless the type of MS guardianship is limited or instituted for the estate of the ward:
• providing care, comfort, and maintenance for the ward—sometimes including training and education
• the maintenance and care of the ward’s clothing, furniture, vehicle, and other personal property
• helping the ward receive necessary medical treatment
• helping the ward to become independent
• help the ward receive professional care, counseling, treatment, or any other related service
The court may also determine that the Mississippi guardianship requires the following responsibilities in some cases:
• changing the ward’s residence at request if the next living arrangement assists the ward more than the last living arrangement
• arranging for elected surgery or any other medical procedure
• consent for withdrawing or withholding life-sustaining procedures
The Mississippi guardianship may require the above responsibilities permanently if the ward is incapacitated for the rest of their life. If the court awards temporary Mississippi guardianships, the responsibilities will end, for example, when the child turns 18.
How do I file for a Mississippi Guardianships?
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. In order to see if you qualify for Mississippi guardianship rights, you’ll have to contact your local county court and obtain information about filing a petition.