When a person is unable to make decisions for themselves due to age, disability, illness, or incapacity, a court-appointed guardian or conservator may be necessary to protect their interests and manage their affairs. These proceedings are among the most important legal matters a family can face, and the decisions made carry significant consequences for the person whose autonomy is being affected. At Tollison & Webb P.A., we handle guardianship and conservatorship proceedings throughout North Mississippi for both minors and adults, advising families on the appropriate legal framework and guiding them through the court process with care.

Guardianship vs. Conservatorship

Guardianship and conservatorship are related but distinct legal arrangements that address different aspects of a person’s life.

Guardianship

A guardianship grants a court-appointed guardian authority over the personal decisions of the person subject to the guardianship, referred to as the ward. Personal decisions include healthcare choices, living arrangements, and other matters related to the ward’s day-to-day life and wellbeing. A guardian is responsible for making decisions in the ward’s best interests and must report to the court periodically on the ward’s condition and circumstances.

Conservatorship

A conservatorship grants a court-appointed conservator authority over the financial affairs of the person subject to the conservatorship. The conservator manages the ward’s assets, pays bills, files tax returns, and handles other financial matters on the ward’s behalf. Conservators are held to a fiduciary standard and must account to the court for their management of the ward’s finances. A person may have both a guardian and a conservator, and they may be the same individual or different people depending on the circumstances.

Guardianship and Conservatorship for Minors

Guardianship of a minor is typically sought when the child’s parents are deceased, incapacitated, or otherwise unable to care for the child and a non-parent family member or other responsible adult needs legal authority to make decisions on the child’s behalf. A guardian of a minor has the authority to make educational, medical, and other personal decisions for the child. Conservatorship of a minor is appropriate when the child has assets that need to be managed, such as an inheritance or a personal injury settlement.

We handle guardianship and conservatorship proceedings for minors in situations involving parental death or incapacity, child protective circumstances, and cases where a minor has come into significant assets requiring court-supervised management.

Guardianship and Conservatorship for Adults

Adult guardianship and conservatorship proceedings are most commonly initiated when an elderly parent or other adult family member has lost capacity due to dementia, Alzheimer’s disease, a traumatic brain injury, mental illness, or other conditions that impair their ability to make safe and informed decisions. These proceedings require the court to find that the proposed ward lacks capacity and that the guardianship or conservatorship is necessary to protect their interests.

Mississippi law requires that guardianship and conservatorship be tailored to the actual needs of the ward, meaning the court will limit the guardian’s or conservator’s authority to what is actually necessary rather than granting blanket control over all aspects of the ward’s life. We advise families on the scope of authority appropriate to their loved one’s situation and advocate for an arrangement that protects the ward while preserving as much of their autonomy as possible.

The Guardianship and Conservatorship Process in Mississippi

Guardianship and conservatorship proceedings in Mississippi are handled in Chancery Court. The process generally involves filing a petition with supporting documentation, providing notice to the proposed ward and other interested parties, a hearing at which the court evaluates the evidence of incapacity and the suitability of the proposed guardian or conservator, and entry of the court’s order establishing the guardianship or conservatorship and defining its scope. In contested proceedings, the proposed ward has the right to be represented by counsel and to contest the petition.

Once established, guardianships and conservatorships require ongoing court oversight. Guardians and conservators must file periodic reports and accountings with the court, and the arrangement can be modified or terminated if circumstances change.

Limited Guardianship and Conservatorship

Mississippi courts favor limited guardianship and conservatorship arrangements that grant only the authority actually needed rather than full plenary guardianship. A limited guardianship might, for example, grant a guardian authority over healthcare decisions while leaving the ward with the ability to make their own personal and financial choices in areas where they retain capacity. We work with families to define the scope of authority that fits the ward’s actual situation and present that to the court clearly.

Frequently Asked Questions

What is the difference between a guardian and a power of attorney?

A power of attorney is a private legal document in which a person voluntarily grants another person authority to act on their behalf. It requires the person granting the authority to have capacity at the time it is signed. A guardianship is a court-ordered arrangement imposed when a person has lost capacity and can no longer grant authority voluntarily. If your loved one still has capacity, a durable power of attorney may be a less burdensome alternative to guardianship that accomplishes similar goals. If capacity has already been lost, guardianship is likely necessary.

Can a guardianship be contested?

Yes. The proposed ward has the right to contest a guardianship petition and to be represented by counsel. Other interested parties, including family members who disagree about the need for guardianship or the identity of the proposed guardian, may also participate in the proceedings. Contested guardianship matters can be complex and emotionally difficult. We represent both petitioners seeking to establish a guardianship and individuals or families opposing a petition they believe is unnecessary or not in the ward’s best interests.

What responsibilities does a guardian or conservator have?

Guardians and conservators in Mississippi have fiduciary duties to the ward and ongoing reporting obligations to the court. A guardian must act in the ward’s best interests in all personal decisions and file periodic reports on the ward’s condition. A conservator must manage the ward’s finances prudently, avoid conflicts of interest, and file annual accountings with the court documenting all income, expenses, and asset changes. Failure to meet these obligations can result in removal and personal liability.

Can a guardianship or conservatorship be terminated?

Yes. A guardianship or conservatorship can be terminated by the court if the ward regains capacity, if the ward dies, or if the court determines the arrangement is no longer necessary or appropriate. A ward who believes they have regained capacity can petition the court for termination. We handle both the establishment and termination of guardianships and conservatorships depending on the client’s needs.

What if family members disagree about who should be guardian?

Disputes among family members about who should serve as guardian or conservator are common and can be contentious. The court will appoint the person it determines is best suited to act in the ward’s best interests, considering factors including the ward’s own expressed preferences, the nature of each candidate’s relationship with the ward, and each candidate’s ability to fulfill the responsibilities of the role. We represent clients in contested guardianship proceedings and present the strongest possible case for our client’s appointment.

Contact a Guardianship and Conservatorship Attorney in North Mississippi

If you have a guardianship or conservatorship matter in Oxford, Lafayette County, or anywhere in North Mississippi, contact Tollison & Webb P.A. to schedule a consultation.

Call (662) 234-7070 or contact us online.