Can a power of attorney replace guardianship in Mississippi?

It can reduce the need for one. Mississippi requires the court to consider any less restrictive alternative that would meet the ward's needs, and a conservator cannot be appointed unless the court finds by clear and convincing evidence that needs cannot be met by a less restrictive alternative. A guardian cannot revoke or amend an advance health-care directive or financial power of attorney without a specific court order, and the agent's decisions take precedence. The court also considers wishes in a will, durable power of attorney or health-care directive when choosing a guardian.

What is the difference between a guardian and a conservator in Mississippi?

A guardian is appointed by the court to make decisions about the ward's personal affairs; a conservator makes decisions about property or financial affairs. They are separate roles, the same person may hold both, and one proceeding may cover both. Either may be limited or full. The conservator standard requires clear and convincing evidence, and the court may not establish a full conservatorship if a limited one or another less restrictive alternative would meet the respondent's needs.

Can Mississippi appoint an emergency guardian?

Yes, but only on conditions. An emergency guardian may be appointed if appointment is likely to prevent substantial harm to the adult's physical health, safety, or welfare, no other person appears to have authority and willingness to act, and there is reason to believe a basis for guardianship exists. Authority lasts no more than 60 days and may be extended once for not more than 60 days if the conditions continue. Appointment without notice is allowed only on an affidavit or testimony showing substantial harm before a noticed hearing can be held; notice must then follow within 48 hours and a hearing within 5 days after the appointment. An emergency conservator requires likely prevention of substantial and irreparable harm to the individual's property or financial interests.

Does a Mississippi conservator have to post a bond?

The court shall require a conservator's bond with surety, or an alternative asset-protection arrangement, in the amount of the estate's aggregate capital value plus one year's estimated income, less restricted deposits and unsaleable real property. The court may waive or partly waive it if FDIC-insured deposits remain under court order or it finds a bond unnecessary, but not for a paid professional conservator, except that FDIC-insured banks qualified for trust business need no bond. For a guardian, letters issue when the guardian posts bond if required.

How can a Mississippi guardianship be ended or changed?

Once under guardianship, a ward has the right to choose an attorney to seek termination, modification or removal of the guardian, with fees awarded under Miss. Code 93-20-118 (93-20-317(3); 93-20-318(6)). The court sets procedures to monitor reports and reviews each guardian and conservator report at least annually. Ask the chancery clerk or an attorney how to file for a change, since local court requirements control.

Adult Guardianship in Mississippi

Reviewed by DocDraft Legal Team - Mississippi - Last updated October 9, 2026

In Mississippi the chancery court of the county of the adult's residence appoints a guardian (personal affairs) or a conservator (property or financial affairs), or both, under the Mississippi Guardianship and Conservatorship Act, Miss. Code Title 93, Chapter 20 (the GAP Act). The adult is the "respondent" and, once appointed over, the "ward". A conservator may be appointed only on clear and convincing evidence, and the proof must include written certificates after personal examination from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant, though in a conservatorship the personal examination is not required if the respondent is missing, detained or unable to return to the U.S. Summons must be served not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition, though the court may shorten notice for good cause. The Mississippi Judicial College posts sample GAP Act forms, and the court's own requirements control.

Find out where you stand in Mississippi

What is happening with the adult you are concerned about?

DocDraft provides document preparation, not legal advice.

How does a court decide an adult needs a guardian in Mississippi?

The court may appoint a guardian when the adult cannot meet essential requirements for physical health, safety or self-care because he or she cannot receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance, or has mental illness or intellectual disability and is incapable of self-care. Conservators require clear and convincing proof (93-20-401(2)).

Which court and which form start an adult guardianship in Mississippi?

A sworn petition is filed in the chancery court of the county where the adult resides. A relative, friend, other interested party, the adult, the chancellor or the clerk may bring it. The Mississippi Judicial College posts sample GAP Act forms; ask the chancery clerk which forms the court requires, since its requirements control.

Does Mississippi require a doctor's report for an adult guardianship?

Yes. The proof must include written certificates, made after a personal examination of the respondent, from either two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant. In a conservatorship, the personal examination is not required if the respondent is missing, detained or unable to return to the U.S.

What rights does the person have in a Mississippi guardianship case?

Summons and the petition must be served on the respondent not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition; the court may shorten notice for good cause. The petition must warn of the rights to attend and to be represented by an attorney. The respondent may present evidence.

Mississippi's GAP Act: guardian and conservator roles, two medical certificates, 7-day summons

Mississippi uses its own vocabulary. A guardian makes decisions about the adult's personal affairs and a conservator makes decisions about property or financial affairs; these are separate roles that the same person may hold, and one proceeding may cover both (Miss. Code 93-20-107(2)). The adult is the respondent, then the ward, and either role may be limited or full. The chancery court of the county of the adult's residence hears the case on a sworn petition under the Mississippi Guardianship and Conservatorship Act (Title 93, Chapter 20), which applies to proceedings commenced on or after January 1, 2020, and the Rules of Civil Procedure and Rules of Evidence govern. A guardian may be appointed when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance, or is a person with mental illness or intellectual disability who is also incapable of taking care of his or her person (93-20-301(1)); a conservator may be appointed only if the court finds by clear and convincing evidence that the adult is unable to manage property or financial affairs for a listed reason, that appointment is necessary to avoid harm or significant dissipation of property or to obtain funds for support, and that needs cannot be met by a less restrictive alternative (93-20-401(2)). The proof must include certificates from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant, each after a personal examination, except that in a conservatorship the personal examination is not required if the respondent is missing, detained or unable to return to the U.S. (93-20-305; 93-20-407(4)). Summons goes to the respondent not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition, and the court may direct shorter notice for good cause (93-20-303). The petition must warn of the rights to notice, to attend the hearing and to be represented by an attorney. In a conservatorship, if the respondent is unrepresented the court, in its discretion, may appoint an attorney (93-20-406). A guardian ad litem is discretionary: the court may appoint one, and a guardian ad litem may not be the respondent's attorney.

Relevant Laws

Miss. Code 93-20-101 to 93-20-102 and 93-20-301 (Definitions and Adult Guardianship Standard)

Names the Mississippi Guardianship and Conservatorship Act and defines guardian and conservator. Section 93-20-301 allows a guardian when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care for the listed reasons, and requires the court to consider any less restrictive alternative.

Miss. Code 93-20-302 and 93-20-401 (Petition and Conservator Standard)

Section 93-20-302 allows a sworn petition in the chancery court of the county of the adult's residence and requires a bold rights warning. Section 93-20-401 requires clear and convincing evidence for a conservator, and bars a full conservatorship if a limited one or other less restrictive alternative would meet the respondent's needs.

Miss. Code 93-20-303, 93-20-305 and 93-20-309 (Summons, Medical Certificates and Findings)

Section 93-20-303 requires summons not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition, with shorter notice allowed for good cause. Section 93-20-305 requires certificates after personal examination from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant. Section 93-20-309 requires findings on less restrictive alternatives.

Mississippi Judicial College GAP Act Page

Judicial College page for the GAP Act, linking to sample GAP Act forms. The chancery clerk can say which forms the court requires, and the court's requirements control.

Regional Variances

Mississippi adult guardianship requirements

Court

Chancery court of the county of the adult's residence, on a sworn petition; the Mississippi Rules of Civil Procedure and Rules of Evidence govern (93-20-302(1); 93-20-107(1)).

Terms used

Guardian (personal affairs) and conservator (property or financial affairs) as separate roles that one person may hold; limited or full; the adult is the respondent, then the ward (93-20-102; 93-20-107(2)).

Petition form

The Mississippi Judicial College posts sample GAP Act forms. Ask the chancery clerk which forms the court requires; the court's requirements control. The sworn petition must carry a bold rights warning (93-20-302(2)).

Incapacity standard and proof

Guardian: respondent lacks the ability to meet essential requirements for physical health, safety or self-care because the adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance, or has mental illness or intellectual disability and is incapable of taking care of his or her person (93-20-301(1)). Conservator: clear and convincing evidence that the adult is unable to manage property or financial affairs because of a limitation in the ability to receive and evaluate information or make or communicate decisions, or because the adult is missing, detained, incarcerated or unable to return to the U.S.; that appointment is necessary to avoid harm or significant dissipation of property or to obtain funds for support; and that needs cannot be met by a less restrictive alternative (93-20-401(2)). The guardianship order must find by clear and convincing evidence that needs cannot be met by a less restrictive alternative (93-20-309(1)).

Medical or evaluator report

Written certificates after personal examination from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant (93-20-305; 93-20-407). In a conservatorship, the personal examination is not required if the respondent is missing, detained or unable to return to the U.S. (93-20-407(4)). A guardian ad litem may be appointed at the court's discretion (93-20-304).

Notice and service

Summons and a copy of the petition served on the respondent not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition; shorter notice for good cause; notice cannot be waived (93-20-303; 93-20-114).

Right to counsel

The petition warns of the right to be represented by an attorney. In a conservatorship, if the respondent is unrepresented the court, in its discretion, may appoint an attorney (93-20-406). Ask the clerk about appointment in a guardianship case.

Less restrictive alternatives

Mandatory consideration; a full guardianship order must contain findings that a limited guardianship would not meet the ward's functional needs, and no full conservatorship if a limited one or other alternative would meet the needs (93-20-301(2); 93-20-309; 93-20-401(3)).

Bond and reports

Conservator: bond with surety, or an alternative asset-protection arrangement, shall be required, waivable only as 93-20-416 allows; inventory within 90 days unless waived; annual report unless the court otherwise directs (93-20-416; 93-20-420; 93-20-423). Guardian: bond if required; well-being report within 90 days after being so ordered (93-20-108(2); 93-20-316).

Suggested Compliance Checklist

Review less restrictive alternatives

Before filing days after starting

Consider a durable power of attorney or healthcare power of attorney. The court must consider any less restrictive alternative that would meet the ward's needs, and a full guardianship or conservatorship cannot be ordered if a limited one or another alternative would meet them.

Document: durable-power-of-attorney

Confirm the court and petition

Before filing days after starting

Confirm the chancery court of the county where the adult resides, and ask the chancery clerk which GAP Act forms the court requires. The petition is sworn and must carry a bold warning of the rights to notice, to attend the hearing and to be represented by an attorney.

Obtain the two medical certificates

Before the hearing days after starting

Arrange written certificates after personal examination from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant, to be filed with the clerk. A nurse practitioner or physician assistant may not be in a collaborative or supervisory relationship with the other examining physician. In a conservatorship, the personal examination is not required if the respondent is missing, detained or unable to return to the United States (93-20-407(4)).

File and serve summons

Not less than 7 days before the hearing days after starting

File the petition and cause summons with a copy of the petition to be served on the respondent not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition. The court may direct shorter notice for good cause. Also serve the persons the statute lists, such as an adult Mississippi relative.

Calendar post-appointment duties

After appointment days after starting

A conservator gives bond unless the court waives it as the statute allows, files an inventory within 90 days after appointment unless waived, and reports annually unless the court otherwise directs. A guardian posts bond if required and files a well-being report within 90 days after being so ordered by the court.

Task	Description	Document	Days after starting
Review less restrictive alternatives	Consider a durable power of attorney or healthcare power of attorney. The court must consider any less restrictive alternative that would meet the ward's needs, and a full guardianship or conservatorship cannot be ordered if a limited one or another alternative would meet them.	durable-power-of-attorney	Before filing
Confirm the court and petition	Confirm the chancery court of the county where the adult resides, and ask the chancery clerk which GAP Act forms the court requires. The petition is sworn and must carry a bold warning of the rights to notice, to attend the hearing and to be represented by an attorney.	-	Before filing
Obtain the two medical certificates	Arrange written certificates after personal examination from two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner, or physician's assistant, to be filed with the clerk. A nurse practitioner or physician assistant may not be in a collaborative or supervisory relationship with the other examining physician. In a conservatorship, the personal examination is not required if the respondent is missing, detained or unable to return to the United States (93-20-407(4)).	-	Before the hearing
File and serve summons	File the petition and cause summons with a copy of the petition to be served on the respondent not less than 7 days before the hearing, unless the court finds the respondent competent and joined in the petition. The court may direct shorter notice for good cause. Also serve the persons the statute lists, such as an adult Mississippi relative.	-	Not less than 7 days before the hearing
Calendar post-appointment duties	A conservator gives bond unless the court waives it as the statute allows, files an inventory within 90 days after appointment unless waived, and reports annually unless the court otherwise directs. A guardian posts bond if required and files a well-being report within 90 days after being so ordered by the court.	-	After appointment

Frequently Asked Questions

Other Mississippi guides

Adverse Possession in Mississippi: Ten Years and the Chancery Clerk Notice

Asset Protection Planning in Mississippi (2026)

Dealing With Debt Collectors in Mississippi (2026)

Expunging a Criminal Record in Mississippi (2026)

Filing a Workplace Harassment Complaint in Mississippi

Filing Chapter 7 Bankruptcy in Mississippi (2026)

Ready to Draft Your Document?

Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.

Get Started