Mississippi Guardianship and Conservatorship

When an adult can no longer manage their own care or finances, a Mississippi court can appoint someone to decide for them. This guide explains the process, the alternatives to consider first, and the costs.

Based on Miss. Code Title 93, Chapter 20 (Mississippi Guardianship and Conservatorship Act, 93-20-101 et seq.)

By Settled Estate EditorialPublished: June 28, 2026Updated: June 14, 2026

What guardianship and conservatorship mean here

Guardianship is a court process in which a judge gives one person legal authority to make decisions for an adult who can no longer make them safely. Mississippi guardianship is governed by Miss. Code Title 93, Chapter 20 (Mississippi Guardianship and Conservatorship Act, 93-20-101 et seq.).

Because guardianship removes legal rights, courts look first at the less-restrictive alternatives below.

Types of guardianship and conservatorship

Guardian for an Adult (Guardian of the Person)

A person appointed by the chancery court to make decisions with respect to the person of an incapacitated adult. The court may appoint a guardian when the adult 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 appropriate supportive services or technological assistance, or is a person with mental illness or an intellectual disability (as defined in 41-21-61) who is also incapable of caring for his or her person. The guardian receives only those powers necessitated by the ward's limitations and demonstrated needs.

Miss. Code 93-20-102, 93-20-301, 93-20-313

Conservator for an Adult (Conservator of the Estate)

A person appointed by the chancery court to make decisions with respect to the property or financial affairs of an adult. The court may appoint a conservator if it finds by clear and convincing evidence that the adult is unable to manage property or financial affairs (for example, because of a limitation in the ability to receive and evaluate information or make or communicate decisions, or because the adult is missing, detained, incarcerated, or unable to return to the United States). Conservatorship is a separate appointment from guardianship of the person, though one person may serve in both roles, and a single proceeding may seek both.

Miss. Code 93-20-102, 93-20-401

Limited Guardian or Limited Conservator

A limited guardianship grants the guardian less than all powers available under the Act, and a limited conservatorship grants less than all powers or powers over only certain property. The court must prefer a limited arrangement: a full guardianship order must include specific findings that a limited guardianship would not meet the functional needs of the ward, and a limited guardianship order must state the specific powers granted.

Miss. Code 93-20-102, 93-20-309

More guardianship types5 additional arrangements courts use in specific situations, with statute cites

Emergency Guardian for an Adult

On a petition by a person interested in the adult's welfare, the court may appoint an emergency guardian if appointment is likely to prevent substantial harm to the adult's physical health, safety, or welfare, no other person appears to have authority and willingness to act, and there is reason to believe a basis for a guardian under 93-20-301 exists. The appointment may not exceed 60 days and may be extended once for up to 60 additional days.

Miss. Code 93-20-311

Emergency Conservator

On a petition by a person interested in the individual's welfare, the court may appoint an emergency conservator if appointment is likely to prevent substantial and irreparable harm to the individual's property or financial interests, no other person appears willing and able to act, and there is reason to believe a basis for a conservator under 93-20-401 exists. The appointment may not exceed 60 days and may be extended once for up to 60 additional days.

Miss. Code 93-20-413

Temporary Substitute Guardian or Conservator

The court may appoint a temporary substitute guardian or conservator for a ward whose existing guardian or conservator is not effectively performing duties and whose welfare requires immediate action, for a term not exceeding the period stated in the order.

Miss. Code 93-20-123

Guardian for a Minor

A person appointed by the chancery court to make decisions with respect to the person of a minor (an unemancipated individual under 21). The court may appoint a guardian for a minor who does not have one if appointment is in the minor's best interest and either each parent consents after being fully informed, all parental rights have been terminated, or there is clear and convincing evidence that no parent is willing or able to exercise the powers the guardianship would grant.

Miss. Code 93-20-201, 93-20-206

Conservator for a Minor

A person appointed by the chancery court to manage the property or financial affairs of a minor when the court finds by clear and convincing evidence that appointment is in the minor's best interest and the minor owns property requiring management or protection, has financial affairs that may be put at risk because of age, or needs funds obtained or provided for support, care, education, health, or welfare.

Miss. Code 93-20-401

The Mississippi guardianship court process

1File Petition in Chancery CourtAn interested party files a petition for appointment of a guardian, a conservator, or both with the chancery court (filed through the chancery clerk) of the appropriate county.

An interested party files a petition for appointment of a guardian, a conservator, or both with the chancery court (filed through the chancery clerk) of the appropriate county. For an adult conservatorship the petition may be brought by the chancellor or chancery clerk, relatives or friends, or any other interested party; for a minor guardianship any person interested in the minor's welfare, including the minor, may petition. A combined guardianship and conservatorship for the same individual may be commenced in a single proceeding (Miss. Code 93-20-202, 93-20-302, 93-20-401, 93-20-402).

2Notice and Right to CounselThe respondent and other interested persons are given notice of the hearing.

The respondent and other interested persons are given notice of the hearing. In an adult proceeding the respondent has the right to counsel; the court appoints an attorney for the respondent and may appoint a guardian ad litem when it considers it necessary to protect the respondent's interest (Miss. Code 93-20-303, 93-20-304, 93-20-403, 93-20-406).

3Professional Evaluation (Adult)Before an adult guardianship hearing the court must have a professional evaluation: the record must include written certificates, made after a personal examination of the respondent, by two licensed physicians, or by one licensed physician plus a licensed psychologist, nurse practitioner, or physician assistant.

Before an adult guardianship hearing the court must have a professional evaluation: the record must include written certificates, made after a personal examination of the respondent, by two licensed physicians, or by one licensed physician plus a licensed psychologist, nurse practitioner, or physician assistant. The examination may occur face-to-face or by telemedicine (Miss. Code 93-20-305; conservatorship evaluation under 93-20-407).

4HearingThe chancery court conducts a hearing.

The chancery court conducts a hearing. The respondent may attend, present evidence, subpoena and examine witnesses, and otherwise participate. The chancellor judges the number and character of witnesses and proof, subject to the mandatory professional-evaluation certificates (Miss. Code 93-20-305, 93-20-306, 93-20-408).

5Order of Appointment; Least Restrictive ArrangementFor an adult guardianship the order must include a specific finding, by clear and convincing evidence, that the respondent's identified needs cannot be met by a less restrictive alternative (including supportive services and technological assistance) and that the respondent received proper notice.

For an adult guardianship the order must include a specific finding, by clear and convincing evidence, that the respondent's identified needs cannot be met by a less restrictive alternative (including supportive services and technological assistance) and that the respondent received proper notice. A full guardianship order must include specific findings that a limited guardianship would not meet the ward's functional needs; a limited guardianship order must state the specific powers granted (Miss. Code 93-20-309; conservatorship order under 93-20-411).

6Letters and BondThe court issues letters of guardianship or conservatorship certifying the fiduciary's authority to act.

The court issues letters of guardianship or conservatorship certifying the fiduciary's authority to act. A conservator must give bond as required and is subject to the terms and requirements of the bond statute before administering the estate (Miss. Code 93-20-108, 93-20-417).

How long it takes

An emergency guardian or emergency conservator may be appointed quickly and serves up to 60 days, extendable once for up to 60 more days (Miss. Code 93-20-311, 93-20-413). A standard adult guardianship or conservatorship requires the professional evaluation (93-20-305) and a noticed hearing, so an uncontested matter commonly resolves within roughly one to three months depending on the county's chancery court docket. Reporting and accounting obligations then continue for the life of the appointment.

Alternatives to consider before guardianship

Less Restrictive Alternative (statutory mandate)

Before appointing a guardian or conservator the court must consider any less restrictive alternative that would meet the respondent's needs, and may grant only those powers necessitated by the respondent's limitations and demonstrated needs. A 'less restrictive alternative' is an approach to meeting an individual's needs that restricts fewer rights than appointment of a guardian or conservator. The adult guardianship order must contain a specific clear-and-convincing finding that the needs cannot be met by a less restrictive alternative.

Miss. Code 93-20-102, 93-20-301, 93-20-309

Durable Power of Attorney

Allows a competent adult to name an agent for financial and property decisions, which can avoid the need for a conservatorship. A respondent's designation of a person in a durable power of attorney is also an express factor the chancery court must weigh when selecting a conservator or guardian.

Miss. Code Title 87, Chapter 3 (Uniform Power of Attorney Act); see also 93-20-308, 93-20-410

Health-Care Directive / Advance Directive

Allows an adult to appoint a health-care agent and state treatment wishes, avoiding the need for a guardian of the person for medical decisions. A respondent's designation in a health-care directive is an express factor the court must weigh when selecting a guardian or conservator.

Miss. Code Title 41, Chapter 41 (Uniform Health-Care Decisions Act); see also 93-20-308, 93-20-410

Transfer for Benefit of a Minor Without a Conservator

Up to $25,000 in value may be transferred for a minor in a twelve-month period without appointing a conservator, to a custodial adult, a guardian, a custodian under the Uniform Transfers to Minors Act, a financial institution account solely in the minor's name, or an ABLE account. (The cap was raised from $15,000 to $25,000 by 2020 SB 2874.)

Miss. Code 93-20-431

Representative Payee

Appointed by the Social Security Administration to manage Social Security and certain federal benefits only. Limited in scope to those federal benefits.

42 U.S.C. 405(j)

Trust

Assets placed in a trust can be managed by a successor trustee without court involvement if the grantor becomes incapacitated, avoiding a conservatorship over those assets. Governed by the Mississippi Uniform Trust Code.

Miss. Code Title 91, Chapter 8 (Mississippi Uniform Trust Code)

Guardianship costs

Court filing fee: About $100 to $200 set by the chancery clerk; varies by county.
Court appointed attorney or guardian ad litem: $400 to $2,000, usually paid from the estate or by the petitioner
Medical or capacity evaluation: $300 to $2,000
Attorney fees for the proceeding: $2,500 to $8,000 or more for an uncontested case, higher if contested
Bond premium: Set by the court when a bond is required, roughly 0.5% of the bonded estate value per year
Annual reporting: Little to none if you file yourself; $500 to $2,500 per year if you hire help

Costs vary by county and case. Verify current court fees with the local court.

Frequently asked questions

What is guardianship in Mississippi?

Guardianship in Mississippi is a court process under Miss. Code Title 93, Chapter 20 (Mississippi Guardianship and Conservatorship Act, 93-20-101 et seq.) in which a court appoints a person to make personal, medical, or financial decisions for someone the court has found can no longer make them safely.

What are the alternatives to guardianship in Mississippi?

Less restrictive alternatives in Mississippi include Less Restrictive Alternative (statutory mandate), Durable Power of Attorney, Health-Care Directive / Advance Directive, Transfer for Benefit of a Minor Without a Conservator. Courts generally must consider these options before appointing a guardian, because guardianship removes legal rights.

How long does the Mississippi guardianship process take?

Do I need a lawyer to file for guardianship in Mississippi?

Guardianship is a court proceeding that removes a person's legal rights, and it usually requires a medical or capacity evaluation and a formal hearing. Many families consult an elder-law or probate attorney before filing. Some Mississippi courts publish self-help resources, but the evaluation and hearing rules make professional guidance worth discussing early, even for straightforward cases.

Statutes and sourcesOfficial references used for this page

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Information current as of June 14, 2026

Settled Estate is not a law firm, and this content is for informational purposes only and does not constitute legal advice. Probate laws and procedures in Mississippi can change. Consult with a qualified attorney for advice specific to your situation. Full disclaimer.