Motion to Remove Conservator and to Set Aside Conservatorship or in the Alternative to Have Another Named as Conservator - Mississippi 2025

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The Conservatorship Process Simplified If an individual becomes incapacitated to the point where he or she cant handle his or her affairs, the court may have to step in and take action. Once a person (or ward) is judged to lack legal capacity by the court, a conservatorship will be granted and a conservator is named.
Conservatorship can override power of attorney (POA) in certain circumstances. This occurs when a court establishes conservatorship, granting the conservator primary authority over the incapacitated persons affairs.
The process to set up a conservatorship usually does not take very long. Generally, we can obtain a court order establishing a conservatorship within 3 or 4 months. In rare cases, it can take up to 6 months. For an uncontested adult conservatorship, we normally charge a flat fee of $3,500 to $4,000.
The conservator, by assuming the responsibility for these matters, becomes legally accountable to the court. There are two types of conservatorship managed by the Public Guardian: Lanterman-Petris Short (LPS) Conservatorships and Probate Conservatorships.
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 wards property and financial matters.
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The process to set up a conservatorship usually does not take very long. Generally, we can obtain a court order establishing a conservatorship within 3 or 4 months. In rare cases, it can take up to 6 months.
In an effort to Guard and Protect Mississippis 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.
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 their own estate by reason of advanced age, physical incapacity or mental weakness MS Code 93-13-251.

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