Mississippi Temporary Guardianship Agreement

Q: Who signs a Mississippi temporary guardianship agreement?

The parent or legal custodian signs a power of attorney delegating parental powers, and the person named as attorney-in-fact signs to accept the designation. If both parents are living and neither parent's rights have been terminated, both must sign. The agency representative who facilitates it also signs, and each signature is acknowledged before a notary public.

Q: What is the Mississippi form for delegating parental powers?

The statutory form is the Statutory Form for Power of Attorney to Delegate Parental or Legal Custodian Powers in Miss. Code Ann. 93-31-5. It is a statutory form, not a numbered agency form. The statute says it is legally sufficient but does not say it is mandatory.

Q: How long does a Mississippi parental power of attorney last?

It may not exceed one year. For a serving parent the term may not exceed the term of active-duty service plus 30 days. The statute refers to a parent executing a new power of attorney after the one-year time limit. The youth court reviews it one year after execution.

Q: Does a Mississippi power of attorney have to go through an agency?

Yes. It must be facilitated by a child welfare agency licensed to place children for adoption and operating under the Safe Families for Children model, or by another charitable organization. The agency signs an affidavit that it vetted the attorney-in-fact, so a parent cannot simply sign and notarize one at home.

Q: Who can be the attorney-in-fact in Mississippi?

The statute allows any willing person or persons. Anyone who is not a grandparent, aunt, uncle or sibling must pass a full criminal history and child abuse and neglect background check, as must anyone over 15 living in the attorney-in-fact's home. The attorney-in-fact serves without compensation.

Q: Can the caregiver enroll the child in school and consent to medical care in Mississippi?

Yes, if the powers are delegated. The statutory form lets the parent delegate the right to enroll the child in school, obtain education records, attend school activities, and consent to medical and dental treatment, or list specific powers. It may not be used for the sole purpose of enrolling a child in a school to take part in its academic or interscholastic athletic programs, except as federal ESSA permits.

Q: What can a Mississippi caregiver not do under the power of attorney?

The caregiver cannot consent to marriage or adoption, to the performance or inducement of an abortion, or to ending a parent's rights to the child. The power of attorney does not change rights or authority set by an existing court order. It is not a court guardianship and does not transfer custody.

Q: Can a Mississippi parent revoke the power of attorney?

Yes. The parent or legal custodian may revoke or withdraw it at any time. When it ends or is revoked, the child must be returned to the parent or legal custodian.

In Mississippi this power of attorney is filed in youth court in the county where the child lives.

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Introduction

The Power of Attorney to Delegate Parental or Legal Custodian Powers is signed by the parent or legal custodian (both parents if both are living with rights intact). It lasts up to one year, or for a serving parent, up to active-duty service plus 30 days.

Key Things to Know

1
The instrument is a power of attorney to delegate parental or legal custodian powers under Miss. Code Ann. 93-31-3, with a statutory form in 93-31-5. The parent or legal custodian signs it and the attorney-in-fact signs to accept. Both parents must sign if both are living and neither parent's rights have been terminated.
2
The term may not exceed one year. For a serving parent, the term may not exceed active-duty service plus 30 days. The statute refers to a parent executing a new power of attorney after the one-year time limit. The youth court judge or referee administratively reviews it one year after signing.
3
It must be facilitated by a child welfare agency licensed to place children for adoption and operating under the Safe Families for Children model or another charitable organization. The agency signs an affidavit that it vetted the attorney-in-fact. Anyone who is not a grandparent, aunt, uncle or sibling must pass a criminal history and child abuse and neglect background check, as must anyone over 15 living in the attorney-in-fact's home.
4
The signatures are acknowledged before a notary public: the agency representative, the parent or legal custodian, and the attorney-in-fact. If the other parent is absent or unknown, the custodial parent completes and attaches an affidavit. It must be filed in the youth court of the county where the child lives, with no filing fee, and is entered in MYCIDS.
5
The statutory form lets the parent delegate all care, custody and property powers, including school enrollment, education records, school activities and consent to medical and dental treatment, or list specific powers. The power of attorney may not be used for the sole purpose of enrolling a child in a school to take part in its academic or athletic programs, except as federal ESSA permits. The statute says the statutory form is legally sufficient; it does not say the form is mandatory. This page does not promise that any school or provider will accept it.
6
This is not a court guardianship. It does not transfer custody or change parental rights, and executing it is not, absent other evidence, abandonment, neglect or evidence of unfitness. The parent can revoke it at any time, and when it ends or is revoked the child must be returned to the parent or legal custodian. Consent to marriage or adoption, an abortion, and ending a parent's rights to the child cannot be delegated.
7
Section 93-31-3 as published carried a repeal date of July 1, 2026, with an extension proposed, so confirm it is in effect before signing. If this document does not fit your situation, or a longer or court-backed arrangement is needed, see the guardianship of a minor petition page; a court guardianship over a parent's objection is a contested case. Report abuse or danger to the child to the Mississippi child protective agency, and take disputes between parents to a custody or parenting plan.

Key decisions before you file

Before you file a Temporary Guardianship Agreement in Mississippi, a few decisions shape the document: which option to choose and what each one means. The Temporary Guardianship Agreement guide walks through them.

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POWER OF ATTORNEY TO DELEGATE PARENTAL OR LEGAL CUSTODIAN POWERS (Miss. Code Ann. 93-31-1 to 93-31-7)

This power of attorney is made under Miss. Code Ann. 93-31-3 and is not a court order. Section 93-31-3 as published carried a repeal date of July 1, 2026; the parties confirm that it is in effect on the date of signing. The statutory form is set out in Miss. Code Ann. 93-31-5, which states that it is legally sufficient.

PARTIES Parent or legal custodian: [PARENT FULL NAME], of [PARENT ADDRESS], [PARENT CONTACT]. [IF APPLICABLE: Second parent: [SECOND PARENT FULL NAME], of [ADDRESS], [CONTACT].] Attorney-in-fact: [CAREGIVER FULL NAME], of [CAREGIVER ADDRESS], [CAREGIVER CONTACT]. Relationship: [RELATIONSHIP]. Child: [CHILD FULL NAME], born [CHILD DATE OF BIRTH]. Facilitating agency or charitable organization: [AGENCY NAME AND ADDRESS].
AUTHORITY DELEGATED The parent delegates to the attorney-in-fact the following powers regarding the care and custody of the child. [ALTERNATIVE A: All powers of care, custody and property, including the right to enroll the child in school, inspect and obtain education records, attend school activities, and give or withhold consent to medical and dental treatment.] [ALTERNATIVE B: Only these specific powers: LIST SPECIFIC POWERS.]
WHAT THIS DOES NOT DO This delegation does not include the power to consent to marriage or adoption of the child, the performance or inducement of an abortion on or for the child, or the ending of a parent's rights to the child. It does not change any parental or legal rights, obligations or authority set by an existing court order. It is not to be used for the sole purpose of enrolling the child in a school to take part in its academic or interscholastic athletic programs, except as federal ESSA permits.
TERM This power of attorney is effective for a period not to exceed one year, beginning START DATE and ending END DATE. [IF APPLICABLE: Serving parent: the term may not exceed the term of active-duty service plus 30 days.]
SERVICE The attorney-in-fact serves on a continuous basis without compensation.
REVOCATION The parent reserves the right to revoke this authority at any time. When it ends or is revoked, the attorney-in-fact will return the child to the parent or legal custodian.
FILING This power of attorney will be filed, with no filing fee, in the youth court of the county where the child lives at the time the form is completed: COUNTY. The facilitating agency or charitable organization's affidavit that it vetted the attorney-in-fact is attached. [IF APPLICABLE: Absent or unknown noncustodial parent: the custodial parent's affidavit is attached.]
ACCEPTANCE AND SIGNATURES I hereby accept my designation as attorney-in-fact. Attorney-in-fact: [CAREGIVER SIGNATURE] Date: [DATE] Parent or legal custodian: [PARENT SIGNATURE] Date: [DATE] [IF APPLICABLE: Second parent: [SECOND PARENT SIGNATURE] Date: [DATE]] Facilitating agency representative: [AGENCY REPRESENTATIVE SIGNATURE AND TITLE] Date: [DATE]

Before me, the undersigned Notary Public, in and for said county and state, personally appeared [NAME OF EACH SIGNER], who acknowledged signing this instrument. [NOTARY SIGNATURE AND SEAL] Notary Public, State of Mississippi

Mississippi Requirements for Temporary Guardianship Agreement

Parent and Attorney-in-Fact Both Sign
The parent or legal custodian executes the power of attorney and the attorney-in-fact signs to accept the designation. Both parents must sign if both are living and neither parent's rights have been terminated (Miss. Code Ann. 93-31-3(1)(c), 93-31-5(1)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Agency or Charity Must Facilitate
The power of attorney must be facilitated by a child welfare agency licensed to place children for adoption and operating under the Safe Families for Children model, or another charitable organization, which signs an affidavit that it vetted the attorney-in-fact (Miss. Code Ann. 93-31-3(1)(d)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Notarial Acknowledgement
The statutory form ends in a notarial acknowledgement for the facilitating agency representative, the parent or legal custodian and the attorney-in-fact (Miss. Code Ann. 93-31-5). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
One-Year Term Cap
The power of attorney is effective for a period not to exceed one year. For a serving parent the term may not exceed active-duty service plus 30 days (Miss. Code Ann. 93-31-3(5), (7)(b), 93-31-5(1)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Youth Court Filing
The power of attorney must be filed in the youth court of the county where the child lives when the form is completed, with no filing fee, and is administratively reviewed by the youth court one year after execution (Miss. Code Ann. 93-31-3(8)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Affidavit for Absent or Unknown Parent
If the noncustodial parent is absent or unknown, the custodial parent completes and attaches an affidavit (Miss. Code Ann. 93-31-3(1)(c), 93-31-5(7)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Powers Delegated and Excluded
The form delegates school enrollment, education records, school activities, and consent to medical and dental treatment, or listed specific powers. Consent to marriage or adoption, an abortion, and ending a parent's rights to the child are excluded (Miss. Code Ann. 93-31-3(1)(a), 93-31-5(1)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Background Check Unless Grandparent, Aunt, Uncle or Sibling
An attorney-in-fact who is not a grandparent, aunt, uncle or sibling must pass a full criminal history and child abuse and neglect background check, as must anyone over 15 living in the attorney-in-fact's home (Miss. Code Ann. 93-31-3(1)(d)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.
Revocation at Any Time
The parent or legal custodian may revoke or withdraw the power of attorney at any time, and on termination, expiration or revocation the child must be returned to the parent or legal custodian (Miss. Code Ann. 93-31-3(3)). Section 93-31-3 carried a July 1, 2026 repeal date; confirm it is in effect.

Frequently Asked Questions

Who signs a Mississippi temporary guardianship agreement?

What is the Mississippi form for delegating parental powers?

How long does a Mississippi parental power of attorney last?

Does a Mississippi power of attorney have to go through an agency?

Where is a Mississippi parental power of attorney filed?

Who can be the attorney-in-fact in Mississippi?

Can the caregiver enroll the child in school and consent to medical care in Mississippi?

What can a Mississippi caregiver not do under the power of attorney?

Can a Mississippi parent revoke the power of attorney?

Is the Mississippi parental power of attorney still in effect?

What are the Mississippi court options if this does not fit?

Find out where you stand in Mississippi

Introduction

Key Things to Know

Key decisions before you file

Customize your Temporary Guardianship Agreement Template with DocDraft

Mississippi Requirements for Temporary Guardianship Agreement

Parent and Attorney-in-Fact Both Sign

Agency or Charity Must Facilitate

Notarial Acknowledgement

One-Year Term Cap

Youth Court Filing

Affidavit for Absent or Unknown Parent

Powers Delegated and Excluded

Background Check Unless Grandparent, Aunt, Uncle or Sibling

Revocation at Any Time

Frequently Asked Questions