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An interested person may file petition for emergency guardian/conservator and court may appoint if it so finds that appointment is likely to prevent substantial and irreparable harm; no one else has authority or willingness to act in the circumstances; and there is reason to believe a guardian/conservator is necessary.
Generally, guardianships terminate at age twenty-one (21). However, where all parties agree that a guardianship should be terminated, a petition to terminate can be filed with the court that entered the order establishing the guardianship. After the petition is filed, a hearing will occur.
Temporary guardianship gives custody of the child for a specified time period. After that period elapses, the court may, in its discretion, award permanent custody if the natural parents continue to be incapacitated or otherwise unable to care for the child.
The guardian ad litem shall investigate, make recommendations to the court or enter reports as necessary to hold paramount the childs best interest. The guardian ad litem is not an adversary party and the court shall insure that guardians ad litem perform their duties properly and in the best interest of their wards.
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.
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If DHS believes that abuse or neglect has occurred, and it believes that harm may come to the child it he continues to live in his home, DHS may approach the Mississippi Youth Court to request that the court issue an order to take the child into temporary custody for 48 hours.
(a) appointing a guardian of his person or property, or both, or (b) declaring a person to be such a guardian, the Court may make an order accordingly. (2) An order under this section shall imply the removal of any guardian who has not been appointed by will or other instrument or appointed or declared by the Court.
A temporary guardianship takes effect the day that all required parties sign the document, and automatically expires six months after that date if no sooner date is given.
A Guardian ad Litem is appointed to inform the Judge of the childs wishes and feelings and to give advice on what he/she thinks is best for the child. The role of a Guardian ad Litem is to independently establish the wishes, feelings and interests of the child and to present these to the court with recommendations.
(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.

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