Mississippi conservatorship forms are available in two places: the Mississippi Administrative Office of Courts (AOC) publishes downloadable petition, order, oath, inventory, and conservator planning templates on its website, and your county’s chancery court clerk keeps forms and local filing information at the courthouse. Before you download anything, confirm you need the right proceeding: a conservatorship in Mississippi covers property and finances only. If the person needs help with medical choices or daily living, that is a guardianship under Article 3 of Title 93, Chapter 20, and uses different paperwork.
Where to Download the Forms
The AOC hosts a packet covering petitions, orders, oaths, and inventory reports for both guardianship and conservatorship proceedings under the Mississippi Uniform Guardianship and Conservatorship Act.1Mississippi Courts. GAP Act RC Forms A separate conservator’s plan form for adult cases is posted on its own.2Mississippi Courts. Conservators Plan – Adult
Your chancery court clerk is the other reliable source. Some counties maintain their own standardized packets with local cover sheets or additional attachments, and the clerk can tell you which version to use. Clerks will walk you through procedural steps and point you to the right documents, but they cannot give legal advice about your specific situation.
The Mississippi Bar Association and legal aid groups occasionally run self-help clinics or publish sample petitions. Commercial document services can also generate court-compliant forms, but verify that anything produced by a third party tracks the MUGCA statute and your county’s local rules. An incorrect or incomplete filing will delay the case by weeks.
What the Petition Has to Contain
The petition is what starts the case. It gets filed in the chancery court for the county where the proposed conservatee lives, and it needs to cover several categories of information.
Start with the basics. The petitioner’s full legal name, address, and relationship to the respondent, together with the respondent’s age and residence. The petition must describe why the respondent cannot manage their own financial affairs, with whatever supporting evidence you have at the filing stage. Medical records or a doctor’s assessment are not always required up front because the court can order a professional evaluation later, but including them strengthens the filing.3Justia. Mississippi Code 93-20-407 – Professional Evaluation
Say whether you are asking for a full or limited conservatorship. If limited, describe exactly which financial responsibilities you want authority over. Judges take this seriously. If you request full control over someone’s estate when the only real limitation is, say, an inability to manage investments, the court may narrow the order or require you to explain why a smaller arrangement would not work.4FindLaw. Mississippi Code Title 93 Domestic Relations 93-20-411
Propose a specific person to serve as conservator and explain why. Not everyone qualifies. Someone who provides paid services to the respondent generally cannot be appointed unless they are a relative or the court finds by clear and convincing evidence that they are the best qualified person available.5Justia. Mississippi Code 93-20-410 – Who May Be Conservator
Finish with a financial snapshot of the respondent’s estate: assets, debts, income sources, and anticipated expenses. This helps the court gauge the scope of the case and decide whether a bond is needed. For estates with significant assets, the court may also want a proposed financial management plan.
Filing Fees and Where to File
File the completed petition and supporting documents with the chancery court clerk in the county where the respondent lives. The clerk assigns a case number and puts the matter on the docket. Filing fees vary by county but typically run around $150 to $160 based on published county fee schedules. If you cannot afford the fee, ask the court for a fee waiver.
Who Must Receive Notice
Mississippi law requires the petitioner to serve notice on specific people before the hearing. Getting notice wrong is one of the fastest ways to derail a conservatorship case.
The respondent must be served with a summons and a copy of the petition at least seven days before the hearing, unless the respondent is competent and joins in the petition or the court shortens the notice period for good cause.6Justia. Mississippi Code 93-20-403 – Notice and Hearing for Appointment of Conservator Beyond the respondent, the summons must also go to:
- Any existing guardian of the respondent.
- An adult relative of the respondent who lives in Mississippi, following a priority order of spouse, then children, then parents, then siblings. At least one adult relative in one of these categories must receive the summons.
- If no relative within the third degree of kinship lives in Mississippi, another appropriate person the court designates, or a guardian ad litem the court appoints to receive the summons.
- The Veterans Administration, if the respondent receives or is entitled to any VA benefit.
The court can require notice to any other person it believes has a stake in the respondent’s welfare.6Justia. Mississippi Code 93-20-403 – Notice and Hearing for Appointment of Conservator Anyone served has the right to appear at the hearing and object.
Full or Limited Conservatorship
Mississippi courts will not grant a conservatorship simply because someone is elderly or has a disability. The petitioner has to show that the proposed conservatee genuinely cannot manage their own property or financial affairs, and the court must consider whether a limited conservatorship or another less restrictive option could meet the person’s needs before ordering a full one.7Justia. Mississippi Code Title 93 Domestic Relations 93-20-411
If the court grants a full conservatorship, the order has to explain why a limited one would have been inadequate. A limited conservatorship order spells out exactly which property the conservator controls and which powers they receive, leaving the respondent in charge of everything else. Framing your petition around what the respondent actually cannot do, rather than defaulting to full authority, tends to move the case along faster.
Bond
Unless an exception applies, the court will require the conservator to post a surety bond or arrange an alternative asset-protection measure. The bond protects the respondent’s estate: if the conservator mismanages funds or takes money improperly, the bonding company reimburses the estate and then pursues the conservator.
The court can waive or reduce the bond requirement in limited situations. A waiver is available when the estate’s assets sit in FDIC-insured accounts at Mississippi financial institutions under a court order restricting withdrawals, or when the court independently finds a bond unnecessary to protect the respondent. The court cannot waive the bond if the conservator is a professional who gets paid for serving.8Mississippi Legislature. HB1317 – Mississippi Code 93-20-416
Bond premiums are typically calculated as a percentage of the estate’s liquid assets and annual income. Rates generally fall between 0.5% and several percent depending on estate size and the conservator’s financial history. For a $200,000 estate, expect annual premiums in the range of a few hundred to a couple thousand dollars.
Evaluation and Hearing
After filing and service, the chancery court schedules a hearing. Before it takes place, the court may order a professional evaluation of the respondent to assess whether a conservatorship is actually needed.3Justia. Mississippi Code 93-20-407 – Professional Evaluation This typically involves a physician, psychologist, or other qualified professional who examines the respondent and reports to the court on their capacity to manage financial affairs.
The respondent has the right to appear at the hearing and contest the petition. If the court thinks it necessary, it may appoint a guardian ad litem to represent the respondent’s interests, with fees paid from the respondent’s estate.9FindLaw. Mississippi Code Title 93 Domestic Relations 93-20-405 The judge weighs the professional evaluation, any testimony from family members or medical providers, and the respondent’s own statements before deciding. If the conservatorship is granted, the order identifies who gets ongoing notices about the case, including notice of any future sale of the respondent’s home, conflict-of-interest transactions, and significant changes in the respondent’s condition.4FindLaw. Mississippi Code Title 93 Domestic Relations 93-20-411
After You Are Appointed
Appointment is the beginning, not the end. A conservator’s obligations are ongoing and court-supervised.
Inventory and Annual Accountings
The conservator must file an inventory of the respondent’s estate with the court. After that, annual reports are required unless the court sets a different schedule. Each report must include an accounting that lists the estate’s property, all money received, all money spent, outstanding debts, and any distributions made during the reporting period. The conservator petitions the court for approval of each one.10Justia. Mississippi Code 93-20-423 – Conservator’s Report and Accounting; Monitoring
Skipping these reports or filing sloppy ones is where many conservators get into trouble. The court relies on them to catch problems early and can order a hearing, demand additional documentation, or bring in an independent auditor.
Federal Tax Filings
Conservators step into the respondent’s shoes for tax purposes. The IRS treats a conservator as a fiduciary, which triggers two filings. File Form 56 as soon as you are appointed to formally establish the fiduciary relationship.11IRS. Instructions for Form 56 File Form 1041 if the conservatorship estate generates $600 or more in gross income during the tax year; for 2026, estimated tax payments are required if the estate expects to owe at least $1,000 after withholding and credits.12IRS. 2025 Instructions for Form 1041
You also continue filing the respondent’s individual income tax return (Form 1040) if they otherwise would have been required to file. Missing tax deadlines generates penalties that come out of the estate and reflects poorly on your management when the court reviews your annual report.