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A guardianship is similar to a conservatorship as it follows some of the same statutes. But while a conservatorship helps preserve the estate of an older person, a guardianship is generally for younger people or disabled persons who need their assets to be properly protected.
A legal guardian is someone who is appointed by the court to take responsibility for another person, known as a ward. A ward can be either a child or an adult who for some reason cannot manage his own affairs. Although you can appoint a guardian in your will, the probate court is not obligated to accept your choice.
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.
In order to file for Mississippi guardianships, youll 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.
Generally, guardians have control over the every-day decisions and care of a minor. Conservators have similar control over an adult, but theyre typically limited to financial decisions.
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Guardianship versus parental rights The fact that the child has a guardian does not mean the parent has no rights. Parental rights usually include the option to spend time with the child, as well as the authority to make major decisions and sign contracts for the child. Having a guardian does not generally change this.
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 qualified.
The Mississippi Supreme Court created the Commission on Guardianships and Conservatorships (MGCC) in the Spring of 2017 to protect both the person and property of vulnerable citizens in Mississippi, through (1) the clarification of statutes, Uniform Chancery Court Rules, and the Mississippi Rules of Civil Procedure, by

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