Mississippi Sample Letter regarding Order Transferring Matter of Conservatorship
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How to fill out Sample Letter Regarding Order Transferring Matter Of Conservatorship?
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FAQ
In an effort to Guard and Protect Mississippi's vulnerable children and adults, the Mississippi legislature passed the Mississippi GAP Act; a solution which corresponds with existing court rules and ensures that Mississippians Guard and Protect those who cannot adequately defend themselves.
In Mississippi, the court may appoint a conservator to be the conservator of the person or the conservator of the estate of the ward, or both. The conservator of the person controls the health care and well being of the ward. The conservator of the estate takes control of the ward's property and financial matters.
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.
Upon petition by the individual or ?one or more of his friends or relatives,? a court can appoint a conservator ?if a person is incapable of managing his own estate by reason of advanced age, physical incapacity or mental weakness?? MS Code § 93-13-251.
Who may be guardian for adult. Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent.
Except as otherwise limited by the court, a guardian for a minor has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare. A guardian must act in the minor's best interest and exercise reasonable care, diligence, and prudence.
A conservatorship, sometimes referred to as a guardianship, is a legal arrangement that enables a court-appointed person to make financial, medical and/or other decisions on behalf of another adult.
How do I get rid of a conservator in Mississippi? (2) A guardian or conservator must petition the court to resign. The petition may include a request that the court appoint a successor. Resignation of a guardian or conservator is effective on the date the resignation is approved by the court.
