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Mississippi Petition to Allow the Withdrawal of Guardianship Funds

State:
Mississippi
Control #:
MS-60771
Format:
Word; 
Rich Text
Instant download

Description

This model form, a Petition to Allow the Withdrawal of Guardianship Funds, is intended for use to initiate a request to the court to take the stated action. The form can be easily completed by filling in the blanks and/or adapted to fit your specific facts and circumstances. Available in for download now, in standard format(s). USLF control number MS-60771
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  • Preview Petition to Allow the Withdrawal of Guardianship Funds

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FAQ

Attend the hearing with counsel; If the Petition to Terminate the Conservatorship is not opposed or objected to, the court mostly likely will grant the Petition and end the conservatorship, as long as you have demonstrated that the conservatee can handle their own affairs.

As guardian of the person, you are entitled to compensation for your time, upon court approval. The compensation cannot exceed five percent of the ward's gross income. Attorney fees and other costs can and should be paid out of the ward's income, upon court approval.

Guardians receive an allowance, known as a guardianship allowance, to enable them to meet the needs of the child or young person. The guardianship allowance is the same rate as the Department of COmmunities and Justice ( DCJ ) statutory care allowance.

The guardian is responsible for deciding where the ward's liquid assets will be held and who will be responsible for overseeing the investments. If the ward owns any real estate, the guardian is responsible for paying all of the bills for maintaining the property such as taxes, mortgages and insurance.

A guardian is responsible for an elder or minor ward's personal care, providing them with a place to live, and with ensuring their medical needs are met. Guardians make sure that their ward has a place to live, such as the guardian's home, with a caretaker, or in an assisted living or full care facility.

You have a couple of options. You can ask the court to terminate the conservatorship, or you can ask the court to give you a new conservator. To terminate the conservatorship, you have to prove that you no longer need it.

The guardian can be authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship and state practices, the guardian may or may not have to seek court approval for various decisions.

Under certain circumstances, a Guardian may be personally liable for improper distributions, and may be compelled by a Court to make a distribution at the Ward's or Interested Person's request.

(a) A conservatorship terminates upon the death of the protected person or upon order of the court.The Court then sets a hearing date on the Petition and the Conservator provides notice of the hearing to all Interested Persons. After the hearing the Court issues an Order discharging the Conservator.

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Mississippi Petition to Allow the Withdrawal of Guardianship Funds