Title 93, Domestic Relations

(1) Venue for a guardianship proceeding for a minor is in:(a) The county in which the minor resides or is present at the time the proceeding commences; or(b) The county in which another proceeding concerning the custody or parental rights of the minor is pending. (a) The county i…

(1) Except as otherwise provided in this chapter, the Mississippi Rules of Evidence and Mississippi Rules of Civil Procedure, including rules concerning appellate review, govern a proceeding under this chapter. (2) Proceedings for a guardianship and conservatorship for the same i…

(1) At or before the time of appointment, the guardian or conservator must take and subscribe an oath faithfully to discharge the duties of guardian or conservator of the ward according to law. (2) The clerk must issue letters of guardianship to a guardian who takes the proper oa…

By accepting appointment, a guardian or conservator submits to the personal jurisdiction of the court in this state in any proceeding relating to the guardianship or conservatorship.

When the court deems appropriate, the co-guardian or co-conservator must comply with Section 93-20-108.

(1) The court at any time may appoint a successor guardian or successor conservator to serve immediately as ordered by the court. (2) A person entitled under Section 93-20-202 or 93-20-302 to petition the court to appoint a guardian may petition the court to appoint a successor g…

(1) The appointment of a guardian or conservator terminates on the death or removal of the guardian or conservator, or when the court approves a resignation of the guardian or conservator under subsection (2). (2) A guardian or conservator must petition the court to resign. The p…

(1) Except as otherwise provided in Section 93-20-203, 93-20-303 or 93-20-403, if notice of a hearing under this chapter is required, the movant must give notice under Rule 5 of the Mississippi Rules of Civil Procedure of the date, time, and place of the hearing to the person to …

Except as otherwise provided in this chapter, a person may waive notice under this chapter in a record signed by the person or person’s attorney and filed in the proceeding. However, a respondent or ward may not waive notice under this chapter.

The court at any time may appoint a guardian ad litem for an individual. If no conflict of interest exists, a guardian ad litem may be appointed to represent multiple individuals or interests. The guardian ad litem may not be the same individual as the attorney representing the r…

(1) A person may file with the court a request for notice under this chapter if the person is:(a) Not otherwise entitled to notice under Section 93-20-203, Section 93-20-303 or Section 93-20-403 ; and(b) Interested in the welfare of a respondent or ward. (a) Not otherwise entitle…

(a) Before accepting appointment as a guardian or conservator, a person must disclose to the court whether the person:(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding; or(b) Has been convicted of:(i) A felony;(ii) A crime involving dishonesty, n…

(1) An attorney for a respondent in a proceeding under this chapter may be awarded reasonable compensation for services and reasonable expenses in the discretion of the court. (2) An attorney or other person whose services resulted in an order beneficial to a ward may be awarded …

(1) Subject to court approval, a guardian may be awarded reasonable compensation for services as guardian and to reimbursement for room, board, clothing, and other appropriate expenses advanced for the benefit of the ward. If a conservator other than the guardian or a person affi…

A guardian or conservator is not personally liable to another person solely because of the guardianship or conservatorship for an act or omission of the ward.

(1) A guardian or conservator may petition the court for instruction concerning fiduciary responsibility or ratification of a particular act related to the guardianship or conservatorship. (2) On notice and hearing on a petition under subsection (1), the court may give an instruc…

(1) A person may choose to not recognize the authority of a guardian or conservator to act on behalf of a ward if:(a) The person has actual knowledge or a reasonable belief that the letters of guardianship or conservatorship are invalid or the conservator or guardian is exceeding…

(1) The court may appoint a temporary substitute guardian or conservator for a ward in the discretion of the court. (2) Except as otherwise ordered by the court, a temporary substitute guardian or temporary substitute conservator appointed under this section has the powers stated…

(1) If a guardian has been appointed in another state for an individual, and a petition for guardianship for the individual is not pending in this state, the guardian appointed in the other state, after giving notice to the appointing court, may register the guardianship order in…

(a) Except as otherwise provided in this chapter:(a) This chapter applies to all guardianship and conservatorship proceedings commenced on or after January 1, 2020;(b) This chapter applies to all guardianship and conservatorship proceedings commenced before January 1, 2020, unles…

(1) A person becomes a guardian for a minor only on appointment by the court. (2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor’s best interest, and:(a) Each parent of the minor, after being fully info…

(1) A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor. (2) A petition under subsection (1) must comply with the requirement for an affidavit under the Uniform Child Custody Jurisdiction and Enforcement Act…

(1) If a petition is filed under Section 93-20-202, the court must set a date, time and place for a hearing, and the petitioner must cause summons to be issued and served not less than seven (7) days before the hearing, together with a copy of the petition, on each of the followi…

(a) The court may appoint an attorney to represent a minor who is the subject of a proceeding under Section 93-20-202 if:(a) Requested by the minor who is fourteen (14) years of age or older;(b) Recommended by a guardian ad litem; or(c) The court determines the minor needs repres…

(1) The court shall require a minor who is the subject of a hearing for appointment of a guardian to attend the hearing and allow the minor to participate in the hearing unless the court determines, by clear and convincing evidence presented at the hearing or at a separate hearin…

(1) After a hearing the court may appoint a guardian for a minor, dismiss the proceeding, or take other appropriate action consistent with this chapter or law of this state other than this chapter. (2) In appointing a guardian under subsection (1), the following apply:(a) The cou…

(1) On a petition by a person interested in a minor’s welfare or a petition filed under Section 93-20-202, the court may appoint an emergency guardian for the minor if the court finds:(a) Appointment of an emergency guardian is likely to prevent substantial harm to the minor’s he…

(1) A guardian for a minor is a fiduciary. Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor’s support, care, education, health, safety, and welfare. A guardian must act in the minor’s best interes…

(1) Except as otherwise limited by court order, a guardian of a minor has the powers a parent otherwise would have regarding the minor’s support, care, education, health, safety, and welfare. (2) Except as otherwise limited by court order, a guardian for a minor may:(a) Apply for…

(1) Guardianship for a minor under this chapter terminates:(a) On the minor’s death, adoption, emancipation, attainment of majority, or on a date set by the court; or(b) When the court finds that the standard in Section 93-20-201 for appointment of a guardian is not satisfied, un…

(1) The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because:(a) The adult is unable to receive and evaluate information or make or communicate decisions, even with appropri…

(1) A proceeding under this article may be instituted by the chancellor or clerk of the chancery court, any relative or friend of the adult, or any other interested party, including the adult for whom the order is sought, by filing a sworn petition in the chancery court of the co…

(1) Notice of hearing for appointment of guardian for adult; notice of hearing after appointment of guardian.(1) On receipt of a petition under Section 93-20-302 for appointment of a guardian for a respondent who is an adult, the court must set a date, time and place for a hearin…

The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made except when the court considers it necessary for the protection of the interest of the respondent; a judg…

(1) The chancery court must conduct a hearing to determine whether a guardian is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem to look after the interest of the person in question; the guardian ad litem must be presen…

(1) At a hearing held under this article, the respondent may:(a) Present evidence and subpoena witnesses and documents;(b) Examine witnesses; and(c) Otherwise participate in the hearing. (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses; and (c) Oth…

(1) An adult subject to a proceeding for a guardianship, an attorney designated by the adult, and a person entitled to notice either under Section 93-20-309(4) or a court order may access court records of the proceeding and resulting guardianship, including the guardian’s plan un…

(1) Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent. If two (2) or more persons have requested responsibility as guardian for the adult, the court shall select as guardian the person the court considers best…

(1) A court order appointing a guardian for an adult must:(a) Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services an…

(1) A guardian appointed under Section 93-20-309 must give the ward and all other persons given notice under Section 93-20-309(4) a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice must be given not l…

(1) On a petition by a person interested in an adult’s welfare or a petition filed under Section 93-20-302, the court may appoint an emergency guardian for the adult if the court finds:(a) Appointment of an emergency guardian is likely to prevent substantial harm to the adult’s p…

(1) A guardian for an adult is a fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health, and welfare of the ward to the extent necessitated by the adult’s limitations. (2) A guardian for an …

(1) Except as limited by court order, a guardian for an adult may:(a) Apply for and receive funds and benefits for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator;(b) Unless inconsist…

(1) Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend an advanced health-care directive or power of attorney for finances executed by the adult. If an advanced health-care directive is in effect, unless there is a…

(1) If required by the court, a guardian must file with the court a plan for the care of the adult no later than ninety (90) days after the court’s order of appointment or order to file a plan. If a plan is required and there is a significant change in circumstances, or if the gu…

(1) If there is a significant change in circumstances, or if the guardian seeks to deviate significantly from the guardian’s plan, a guardian must file with the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guar…