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Any person may petition for the appointment of a guardian or conservator.MS 524.5-303. A petition requesting appointment is filed in the probate court of the county of residence of the proposed ward or protected person.
The court may not deny an award of fees solely because the person subject to guardianship or conservatorship is a recipient of medical assistance. In determining compensation for a guardian or conservator of an indigent person, the court shall consider a fee schedule recommended by the Board of County Commissioners.
Time-Limited Guardianships Any person under 30 years old determined to need a guardianship, must have a time limited guardianship. This can last for 72 months (6 years) at most.
All legal guardians, even those selected by parents, must be appointed and approved by a judge in court. Individuals who are relatives or friends of the child or dependent adult's family may be more likely to be selected due to the nature of the situation.
524.5-311 EMERGENCY GUARDIAN. A county that is acting under section 626.557, subdivision 10, by petitioning for appointment of an emergency guardian on behalf of a vulnerable adult may be granted authority to act for a period not to exceed 90 days.
The key difference is the child's parentage: custody describes a parent's care of a child, in contrast with legal guardianship, which is granted to someone not the child's biological parent.
A guardian is appointed by the court to make the personal decisions for the person subject to guardianship. The guardian has authority to make decisions on behalf of the protected person about such things as where to live, medical decisions, training and education, etc.