To file for guardianship in Mississippi, you submit a petition and a supporting packet of forms to the chancery court in the county where the proposed ward lives. The chancery court is the court with jurisdiction over guardianship and conservatorship matters for anyone who lives in Mississippi or owns property in the state.1Justia. Mississippi Code 93-20-104 – Subject-Matter Jurisdiction The exact Mississippi guardianship forms you need depend on whether the ward is a minor or an incapacitated adult, whether you also need authority over finances, and whether the situation is an emergency. What follows is the full document set most petitioners will assemble, in the order the case usually moves.
First, Decide Whether You Also Need Conservatorship Forms
Mississippi separates the person from the money. A guardian handles personal affairs like living arrangements, medical decisions, and daily care. A conservator handles property and financial affairs.2Justia. Mississippi Code 93-20-102 – Definitions If you need authority over both, you file for both. A guardianship petition alone gives you no power to touch bank accounts, pay bills, or manage property. Sort this out before you start filling forms, because it changes the paperwork.
The Guardianship Petition
The petition for appointment of a guardian is the core document. It formally asks the court to grant you legal authority over a minor or an incapacitated adult, and it is filed with the clerk of the chancery court in the county where the proposed ward lives.3Justia. Mississippi Code 93-13-121 – Incompetent Adult – Appointment of Guardian
Expect to include details about who you are, who the proposed ward is, why guardianship is necessary, and what kind of authority you are requesting. For a minor, the petition should explain why the parents cannot care for the child. For an adult, it should describe how the person’s condition prevents them from meeting their own needs for health, safety, or self-care.
Filing fees vary by county. One Mississippi county lists the guardianship filing fee at $158, though your county may differ. Call the chancery clerk’s office before filing to confirm the current amount. Bring supporting documents such as birth certificates, and for adults, medical records.
Professional Evaluation Certificates (Adult Cases)
For adult guardianship, the court will not take your word that the proposed ward cannot manage their own affairs. You must submit written certificates from professionals who have personally examined the person. The law requires certificates from either two licensed physicians, or one licensed physician paired with a licensed psychologist, nurse practitioner, or physician’s assistant.4Justia. Mississippi Code 93-20-305 – Professional Evaluation These certificates become part of the court record.
The examinations can happen in person or by telemedicine, though a telemedicine evaluation must use an audio-visual connection with a physician licensed in Mississippi.4Justia. Mississippi Code 93-20-305 – Professional Evaluation If a nurse practitioner or physician’s assistant conducts one evaluation, that person cannot be in a supervisory or collaborative relationship with the physician who does the other. Medical professionals charge separately for these assessments, so budget for that cost when you plan your filing.
For guardianship of a minor, the evaluation requirements differ. Supporting documentation might come from school counselors, social workers, or other professionals familiar with the child’s circumstances, depending on why the parents are unable to serve.
Bond and Oath
Mississippi generally requires every guardian to post a bond and take an oath before they have authority to act. The bond is financial protection for the ward. The guardian enters into a bond payable to the state, with the court setting both the penalty amount and the sureties required.5Justia. Mississippi Code 93-13-17 – Bond and Oath of Guardian
Two situations may excuse the bond. It can be waived by will or written instrument. It can also be waived for any portion of the ward’s assets deposited into insured Mississippi banking institutions and held under court order until further notice.5Justia. Mississippi Code 93-13-17 – Bond and Oath of Guardian If you need a surety bond from an insurance company or bonding agency, the annual premium is typically a small percentage of the total bond amount. Without the bond in place, your appointment cannot be finalized.
If you are petitioning only for personal guardianship with no control over finances, you may be able to argue that a bond is unnecessary. If the ward has significant assets or you are also seeking conservatorship, expect the court to require one.
Notice to Required Parties
You cannot simply file and show up for a hearing. Mississippi requires that everyone with a legal interest in the ward’s welfare receive formal notice.
For adult guardianship, the ward’s spouse and adult children are entitled to notice unless the court determines that providing notice would go against the ward’s own preferences or would not serve the ward’s best interest.6Justia. Mississippi Code 93-20-309 – Order on Appointment of Guardian The court may also require notice to parents, siblings, or other close relatives.
Service usually happens through personal delivery by a sheriff or private process server, or by certified mail with return receipt. If a required person cannot be located, you may need to ask the court for permission to use alternative service, such as publication in a local newspaper. Failing to properly serve everyone entitled to notice can lead to dismissal or long delays.
For a minor guardianship under the emergency provisions, notice must go to the minor if 14 or older, any attorney appointed for the minor, each parent, and any person who has care or custody of the child.7FindLaw. Mississippi Code 93-20-207 – Emergency Guardian for Minor If the ward receives public benefits such as Medicaid or Supplemental Security Income, the relevant state agency may also need to be notified.
Emergency Guardianship Filings
When the standard timeline is too slow, Mississippi allows emergency guardian appointments for both adults and minors on a separate track with its own filing requirements.
For adults, the court may appoint an emergency guardian if three conditions are met: the appointment is likely to prevent substantial harm to the adult’s health, safety, or welfare; no one else appears to have both the authority and willingness to act; and there is reason to believe a basis for permanent guardianship exists. The emergency guardian’s authority lasts no more than 60 days and is limited to the specific powers spelled out in the order. The court can extend the appointment once for another 60 days if the emergency conditions continue.8Justia. Mississippi Code 93-20-311 – Emergency Guardian for Adult
In extreme situations, the court can make the appointment without any advance notice if it finds from an affidavit or testimony that the person will suffer substantial harm before a noticed hearing could take place. Notice must then go out within 48 hours, and the court must hold a hearing on the appointment within five days.
For minors, the framework is similar. The court must find that appointment will likely prevent substantial harm and that no one else has authority and willingness to act. The same 60-day limit applies, with one possible 60-day extension.7FindLaw. Mississippi Code 93-20-207 – Emergency Guardian for Minor An emergency appointment does not decide the question of permanent guardianship, so you will typically still need to file the standard petition alongside or after the emergency request.
Forms You File After You Are Appointed
Appointment is not the end of the paperwork. Mississippi requires ongoing filings so the court can verify the ward is being cared for and their assets are not being misused.
The Guardian’s Plan
If the court requires it, the guardian must file a care plan within 90 days of the appointment order. The plan must reflect the ward’s needs, preferences, values, and any prior directions the ward expressed while still capable. Required elements include the living arrangements and services the guardian intends to provide, social and educational activities, how the guardian will facilitate visits with people close to the ward, and goals for the ward, including any goal related to restoring the ward’s rights.9Justia. Mississippi Code 93-20-315 – Guardian’s Plan The plan must also list what the guardian proposes to charge for each service they anticipate providing. If circumstances change significantly, a revised plan must be filed within 90 days of the change.
Well-Being Reports
When there is a significant change in the ward’s circumstances, or the guardian seeks to deviate significantly from the filed plan, the court may order a well-being report. It must cover the ward’s mental, physical, and social condition, their living arrangements, a summary of medical and support services, the guardian’s visit history, and the extent to which the ward has participated in decision-making.10Justia. Mississippi Code 93-20-316 – Guardian’s Well-Being Report It must also include the guardian’s recommendation on whether continued guardianship is still necessary.
Annual Accountings
Guardians and conservators who manage estate funds must file annual accountings. Mississippi’s annual accounting form requires a summary of the estate’s total assets at the start of the period, all receipts and disbursements during the period, any capital transactions or adjustments, and the ending balance. The form also asks whether the estate’s assets are sufficient for the ward’s present and future care, and requires disclosure of anything of significant value that the guardian or their close family members received from anyone providing goods or services to the ward.11Mississippi Courts. Annual Accounting Late or careless accountings are one of the fastest ways to attract court scrutiny and possible removal.
A Note on Confidentiality
Professional evaluations and any guardian ad litem reports can be sealed by the court when necessary. Even when sealed, they remain available to the court, the ward, the petitioner’s and respondent’s attorneys, and any agent appointed under a power of attorney for the ward.12Justia. Mississippi Code 93-20-307 – Confidentiality of Records Anyone else who wants access must petition the court and show good cause. If you want sensitive medical material shielded, ask the court to seal it when you file.
Before you file anything, call the chancery clerk in the county where the proposed ward lives. Fees, local form versions, and required attachments vary, and a five-minute call often prevents a rejected filing.