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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.
In order to file for Mississippi guardianships, you'll 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.
The petition must state the person for whom and the reason a guardianship/conservatorship is sought. It must also include the prescribed due process language to ensure the ward is aware of his/her rights. The petition must be served on the proposed ward at least seven days prior to the hearing along with the summons.
A guardianship is established by a court after a petition for an appointment of a guardian is filed by either the ?incompetent person? (?incompetent? is the term used to describe those who lack the capacity to manage themselves and their affairs) or another person.
Having a guardian does not generally change this. After a guardian is appointed, the parent may continue to have custody. Even when the parent does not have custody, they may have a court order that allows them to visit their child. In some circumstances, a court may suspend or terminate a parent's rights.