Guardianship of a Child or Adult in Mississippi

Anyone interested in a minor's welfare, including the minor, may petition the chancery court to appoint a guardian; the petition explains why guardianship is in the minor's best interest and names the proposed guardian. A hearing is set, and summons must be served at least 7 days before it on each parent who can be found, the minor if 14 or older, and anyone who had primary care of the child for at least 60 days in the prior six months. The court may appoint a lawyer for the minor on request of a minor 14 or older.

The court may appoint a guardian for an adult who lacks the ability to meet essential requirements for physical health, safety or self-care because the adult cannot receive and evaluate information or make or communicate decisions even with supportive services or technological assistance, or has a mental illness or intellectual disability and cannot care for himself or herself. The court grants only the powers needed, must encourage maximum self-determination and independence, and must consider less restrictive alternatives. An emergency guardian may be appointed for up to 60 days (extendable once) to prevent substantial harm.