Mississippi Guardianship Laws: Minors, Adults and Conservators (2026)

In Mississippi, guardianship and conservatorship of both minors and adults are chancery court proceedings under the Mississippi Guardianship and Conservatorship Act, Miss. Code §§ 93-20-101 to 93-20-431. A guardian is appointed "to make decisions with respect to the personal affairs of the ward," and a conservator to make decisions about the ward's property or financial affairs; for an adult, the order must include a specific finding that clear and convincing evidence established that the person's identified needs cannot be met by a less restrictive alternative (Miss. Code §§ 93-20-101, 93-20-102, 93-20-309).

Two features set Mississippi apart. The Act defines a "minor" as an unemancipated individual under 21, and an "adult" as someone at least 21 or an emancipated individual under 21 (§ 93-20-102). And the adult-guardianship article does not direct the court to appoint a lawyer for the person whose capacity is in question. For how other states compare, see our guardianship laws by state overview.

Information last verified on October 20, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Mississippi state law on guardianship of minors and adults and on conservatorship in Miss. Code title 93, chapter 20, the adult interstate rules in title 93, chapter 14, and the 2026 repeal of the parental power of attorney in title 93, chapter 31. It does not cover custody disputes between parents (see Mississippi child custody laws), grandparent visitation (see Mississippi grandparents' rights), adoption, emancipation, what happens to a person's estate after death (see Mississippi probate), youth court abuse-and-neglect cases, which are a separate track, or civil commitment.

Mississippi guardianship terms and where the law lives

The Act is chapter 20 of title 93 of the Mississippi Code, and its sections are grouped by article: general provisions (the 93-20-100 sections), guardianship of a minor (93-20-200), guardianship of an adult (93-20-300) and conservatorship (93-20-400). Chapter 14 of title 93 is the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which carries the transfer rules for adult cases that cross state lines (§ 93-20-105(1)).

The 21-year line matters in practice. A guardianship of a minor under the Act ends on, among other events, the minor's "attainment of majority" (§ 93-20-210), and the Act treats an unemancipated 19- or 20-year-old as a minor.

How to get guardianship of a child in Mississippi

"A person becomes a guardian for a minor only on appointment by the court" (§ 93-20-201(1)). The court may appoint a guardian for a minor who does not have one if it finds the appointment is in the minor's best interest and a condition in § 93-20-201(2) is met. Those conditions include:

• each parent of the minor, "after being fully informed of the nature and consequences of guardianship, consents"; or
• "there is clear and convincing evidence that no parent of the minor is willing or able to exercise the powers the court is granting the guardian."

So when a parent objects, a relative seeking guardianship of a grandchild, niece or nephew must meet the statute's terms, such as the clear and convincing showing that no parent is willing or able to exercise the powers the court would grant.

Who may petition. "A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor" (§ 93-20-202(1)).

Service. The petitioner must cause a summons to be issued and served, with a copy of the petition, not less than seven days before the hearing on each person § 93-20-203(1) lists who is not the petitioner, including the minor if the minor will be 14 or older at the time of the hearing.

A lawyer for the child. The court may appoint an attorney for the minor on the grounds § 93-20-204 lists, which include a request by a minor 14 or older and a recommendation by a guardian ad litem.

Who the court appoints. "The court shall appoint a person nominated as guardian by a parent of the minor in a will or other record unless the court finds the appointment is contrary to the best interest of the minor." Section 93-20-206 also directs the court, in the order that section sets, to appoint the person nominated by a minor who is 14 or older unless that appointment is contrary to the minor's best interest.

Rights the parents keep. As part of the order, the court "shall state rights retained by any parent of the minor, which may include contact or visitation with the minor, decision-making regarding the minor's health care, education, or other matter, or access to a record regarding the minor" (§ 93-20-206).

What the guardian may decide. A guardian for a minor is a fiduciary and, except as the court limits, "has the duties and responsibilities of a parent regarding the minor's support, care, education, health, safety, and welfare" (§ 93-20-208(1)). The guardian may take custody and establish the minor's dwelling, but may move it outside Mississippi only on court authorization. The guardian may consent to the minor's marriage only if the court authorizes it, and the court may authorize consent to adoption only if the minor does not have a parent (§ 93-20-209).

A child's money without a conservator. Unless the payer knows a conservator has been appointed or a conservatorship proceeding is pending, a liquidated sum or property of certain value up to $25,000 in a 12-month period may be transferred to a person who has care or custody of the minor and with whom the minor lives, a guardian, a Uniform Transfers to Minors Act custodian, a deposit in the minor's sole name, or an ABLE account. If what is owed is not a liquidated sum or property of certain value, the payer must seek chancery court approval (§ 93-20-431(1)).

When it ends. A guardianship for a minor terminates on the minor's death, adoption, emancipation, attainment of majority, or a date the court sets, and in the further circumstances § 93-20-210(1) describes. Where that subsection ends a guardianship because the grounds for appointment under § 93-20-201 no longer exist, it makes an exception when termination "would be harmful to the minor" and the minor's interest in continuing the guardianship "outweighs the interest of any parent of the minor in restoration of the parent's right to make decisions for the minor." A ward or any party may petition the court to terminate or modify the guardianship, or to remove the guardian and appoint a successor (§ 93-20-210(2)).

Can a parent name a guardian in a will in Mississippi?

A parent may nominate a guardian "in a will or other record," and the court "shall appoint" that nominee unless it finds the appointment contrary to the minor's best interest (§ 93-20-206). The nomination does not make the nominee a guardian by itself: under § 93-20-201(1), a person becomes a guardian for a minor only on appointment by the court. The Act's minor-guardianship sections (§§ 93-20-201 to 93-20-210) contain no standby guardianship procedure that lets a nominee act before a court appointment.

Letting a relative care for a child without going to court

Mississippi no longer has a statutory power of attorney for delegating a child's care and custody. The Supporting and Strengthening Families Act power of attorney (Miss. Code § 93-31-3) stood repealed on July 1, 2026, under a sunset added in 2024 (H.B. 1315, 2024 Reg. Sess., § 8). The Mississippi Youth Court Reform Act of 2026 (S.B. 2001, 2026 1st Extraordinary Session, approved by the Governor on July 17, 2026 and effective on passage) then repealed the chapter's remaining sections, §§ 93-31-1, 93-31-5 and 93-31-7 (S.B. 2001, § 65).

Under the Act, "a person becomes a guardian for a minor only on appointment by the court" (§ 93-20-201(1)). For disputes between parents over custody, see Mississippi child custody laws.

How to become guardian of an adult in Mississippi

Who may be placed under guardianship

The court may appoint a guardian for an adult when the person "lacks the ability to meet essential requirements for physical health, safety or self-care" because of a reason § 93-20-301(1) lists, including that the person "is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance."

The petition

A proceeding may be started "by the chancellor or clerk of the chancery court, any relative or friend of the adult, or any other interested party, including the adult for whom the order is sought, by filing a sworn petition in the chancery court of the county of the residence of the adult" (§ 93-20-302(1)). The petition must carry a notice telling the respondent that the relief sought may affect the respondent's legal rights and that the respondent has a right to notice of any hearing, to attend any hearing, and to be represented by an attorney (§ 93-20-302(2)).

Summons and notice

The petitioner must cause a summons, with a copy of the petition, to be served on the adult not less than seven days before the hearing; the court may, for good cause shown, direct shorter notice (§ 93-20-303). Unless the court finds the adult competent and joining in the petition, a summons must also issue to any conservator and to at least one adult relative of the respondent who lives in Mississippi, chosen in this order of preference: spouse, children, parents, siblings, with further options the section lists (§ 93-20-303(2)). Notice also goes to any other person the court determines is entitled to it; as to that notice, the statute provides that "failure to give notice does not preclude the court from appointing a guardian" (§ 93-20-303(3)).

Lawyers and the guardian ad litem

The adult-guardianship article's provisions on lawyers are these:

• the notice on the petition of the respondent's right to be represented by an attorney (§ 93-20-302(2));
• a guardian ad litem the court may appoint only "when the court considers it necessary for the protection of the interest of the respondent," paid from the respondent's estate; a judgment "is not void or erroneous for failure to have a guardian ad litem" (§ 93-20-304); the guardian ad litem may not be the same individual as the respondent's attorney (§ 93-20-115); and
• the right of a ward who seeks to terminate or modify the guardianship "to choose an attorney for representation in the matter," with reasonable attorney's fees the court shall award as § 93-20-118 provides (§ 93-20-318).

None of these directs the court to appoint a lawyer for the respondent at the appointment stage. In a conservatorship case, by contrast, if the respondent has no lawyer "the court, in its discretion, may appoint an attorney to represent the respondent" (§ 93-20-406).

The medical evidence and the hearing

"The chancery court must conduct a hearing to determine whether a guardian is needed for the respondent." The proof must include a personal examination by either two licensed physicians, or one licensed physician and one licensed psychologist, nurse practitioner or physician's assistant. The examination may be face-to-face or by telemedicine, but a telemedicine examination must use an audio-visual connection and be made by a physician licensed in Mississippi, as § 93-20-305 provides.

At the hearing, the respondent may present evidence and subpoena witnesses and documents, among the other rights § 93-20-306(1) lists, and the hearing "must be closed upon request of the respondent and a showing of good cause" (§ 93-20-306(3)).

What the court must find

The court may grant a guardian "only those powers necessitated by the limitations and demonstrated needs of the ward," must enter orders that encourage "the ward's maximum self-determination and independence," and "must consider any less restrictive alternative that would meet the needs of the ward" (§ 93-20-301(2)).

The order appointing a guardian must, among its other contents, "include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services and technological assistance" (§ 93-20-309(1)). Section 93-20-301 does not state a standard of proof for the incapacity finding itself.

Full or limited. An order establishing a full guardianship "must state the basis for granting a full guardianship and include specific findings that support the conclusion that a limited guardianship would not meet the functional needs of the ward." An order establishing a limited guardianship "must state the specific powers granted to the guardian" (§ 93-20-309).

Who serves as guardian

Appointment "will be at the discretion of the court and in the best interest of the respondent" (§ 93-20-308). Among the factors the court weighs are the respondent's expressed wishes, "including any designation made in a will, durable power of attorney, or health-care directive." The court may appoint the chancery court clerk of the county where the case was filed. Section 93-20-308 also restricts who may serve:

• a person who provides paid services to the respondent, or that person's employee, may be appointed only as the section allows, including where the court finds by clear and convincing evidence that the person is the best qualified person available and the appointment is in the respondent's best interest; and
• "an owner, operator, or employee of a long-term-care institution at which the respondent is receiving care may not be appointed as guardian unless the owner, operator, or employee is related to the respondent by blood, marriage, or adoption."

What a Mississippi guardian can decide, and the rights the adult keeps

A guardian for an adult is a fiduciary. In making decisions, "the guardian must make the decision the guardian reasonably believes the adult would make if the adult were able unless doing so would unreasonably harm or endanger the welfare or personal or financial interests of the adult" (§ 93-20-312). Some decisions carry extra conditions:

• Facilities. The guardian may establish or move the adult's permanent dwelling to a nursing home, mental-health facility, or other facility that restricts the adult's ability to leave or have visitors only if the conditions in § 93-20-313(2) are met.
• Out of state. The guardian may move the adult's dwelling outside Mississippi "only if consistent with the guardian's plan and authorized by the court by specific order" (§ 93-20-313).
• Advance directives and financial powers of attorney. "Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend an advanced health-care directive or power of attorney for finances executed by the adult" (§ 93-20-314).
• Commitment. A guardian "may not initiate the commitment of the adult to a mental health facility except in accordance with the state's procedure for involuntary civil commitment" (§ 93-20-314).

The rights statement. Not later than 14 days after appointment, the guardian must request from the court a statement of the ward's rights and give it to the ward (§ 93-20-310). The rights listed include the right to seek termination or modification of the guardianship, or removal of the guardian, and to choose an attorney for those matters, and to be notified at least 14 days before a change in the adult's primary dwelling or a permanent move to a nursing home, mental-health facility or other facility that restricts the ability to leave or have visitors. A guardian's power to limit the adult's contact with others is bounded by § 93-20-314(3), which allows a restriction for good cause for not more than 7 business days if the person has a family or pre-existing social relationship with the adult, or not more than 60 days if the person does not, among its other terms.

Plan and reports

Mississippi ties the guardian's plan and report to court orders. "If required by the court," a guardian must file a plan for the adult's care no later than 90 days after the order of appointment or order to file a plan (§ 93-20-315(1)). If there is a significant change in circumstances, or the guardian seeks to deviate significantly from the plan, the guardian must file a report on the adult's condition, accounting for funds and other property in the guardian's possession or control, within 90 days after being so ordered by the court (§ 93-20-316(1)), along with the other reports § 93-20-316 requires. The court must establish procedures for monitoring reports and "review each report at least annually" (§ 93-20-316).

Emergency guardianship of an adult

The court may appoint an emergency guardian if it finds that the appointment is likely to prevent substantial harm to the adult's physical health, safety or welfare, that no other person appears to have authority and willingness to act, and that there is reason to believe a basis for guardianship under § 93-20-301 exists (§ 93-20-311(1)). "The duration of authority of an emergency guardian for an adult may not exceed sixty (60) days," and the authority may be extended once for not more than 60 days if the court finds that the conditions for appointment continue (§ 93-20-311(2)).

A summons giving reasonable notice of the hearing goes to the respondent and the respondent's attorney. The court may appoint without that notice only if it finds from an affidavit or testimony that the adult will be substantially harmed before a hearing with notice can be held; it must then give notice of the appointment not later than 48 hours afterward and hold a hearing on the appropriateness of the appointment not later than five days after it (§ 93-20-311(3), (4)). The appointment is not a final determination that a basis for guardianship exists, and the court may remove an emergency guardian at any time (§ 93-20-311(5), (6)).

How a Mississippi guardianship ends or rights are restored

When a petition to end an adult guardianship is filed, the burden can shift: "On presentation of prima facie evidence for termination of a guardianship for an adult, the court shall order termination unless it is proven that a basis for appointment of a guardian under Section 93-20-301 exists" (§ 93-20-318). The court "shall modify the powers granted to a guardian for an adult if the powers are excessive or inadequate due to a change in the abilities or limitations of the adult, the adult's supports, or other circumstances." A ward who seeks to terminate or modify the guardianship may choose an attorney, and the court shall award reasonable attorney's fees as § 93-20-118 provides (§ 93-20-318).

Conservatorship: managing property and money

The court may appoint a conservator for an adult's property or financial affairs if it finds by clear and convincing evidence each of the findings § 93-20-401(2) lists, including that "the respondent's identified needs cannot be met by a less restrictive alternative." The court "may not establish a full conservatorship if a limited conservatorship or other less restrictive alternative would meet the needs of the respondent" (§ 93-20-401(3)).

• Bond. Subject to the exceptions in § 93-20-416, the court "shall require a conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement," and the bond is generally in "the amount of the aggregate capital value of the conservatorship estate, plus one (1) year's estimated income," as that section provides.
• Inventory. "Unless the inventory requirement has been waived, not later than ninety (90) days after appointment, a conservator must prepare and file with the appointing court a detailed inventory of the conservatorship estate" (§ 93-20-420(1)).
• Annual report. A conservator files a report on the administration of the estate "annually unless the court otherwise directs" (§ 93-20-423).

Alternatives to guardianship in Mississippi

Less restrictive alternatives. The Act does not use the term "supported decision making." Its alternative-to-guardianship concept is the "less restrictive alternative," which the court must consider and, for an adult guardianship, rule out by clear and convincing evidence before appointing (§§ 93-20-102, 93-20-301(2), 93-20-309(1)).

Powers of attorney and health-care directives. A designation in a durable power of attorney or health-care directive is among the expressed wishes the court weighs when choosing a guardian (§ 93-20-308), and a guardian cannot revoke or amend those documents without a specific court order (§ 93-20-314). For signing rules, see Mississippi power of attorney laws. Our free Mississippi power of attorney generator and Mississippi advance directive generator can help draft documents while a person has capacity; they are not legal advice, and signing must follow the state's rules on the linked page.

Health-care surrogates. Under Miss. Code § 41-41-211, a surrogate may make health-care decisions for an adult or emancipated minor whom the primary physician has determined lacks capacity, when no agent or guardian has been appointed or the agent or guardian is not reasonably available. Where the patient has not designated a surrogate as the section allows, its priority list begins with the spouse unless legally separated, then an adult child, then a parent, among others.

Social Security benefits. The Social Security Administration decides whether to appoint a representative payee and may appoint the legal guardian or some other person (20 C.F.R. § 404.2001); our guardianship laws by state hub covers the federal layer.

Moving to or from Mississippi with a guardianship

Transfer of an adult guardianship or conservatorship to another state follows the transfer provisions of chapter 14 (§ 93-20-105(1)). For other proceedings, the appointing court may transfer the case to another county or another state if transfer is in the ward's best interest, a final settlement of the conservatorship accounts is made, and the guardian or conservator qualifies in the county or state receiving the case (§ 93-20-105(2)).

A guardian appointed in another state, where no guardianship petition is pending in Mississippi, may, after notifying the appointing court, register the guardianship order by filing certified copies of the order and letters of guardianship as a foreign judgment in a court of an appropriate Mississippi county, and may then exercise the powers in the order except as Mississippi law prohibits (§ 93-20-124(1), (3)). A conservator appointed in another state may register a conservatorship the same way in a county where the person's property is located (§ 93-20-124(2)).

Recent changes

The Act took effect January 1, 2020. Senate Bill 2874 of 2020 (Laws 2020, chapter 344), approved by the Governor on June 23, 2020 and effective on passage, amended it, including replacing "notice" with "summons" in the service provisions. S.B. 2874 also repealed the interstate act's registration sections, §§ 93-14-401 to 93-14-403 (S.B. 2874, § 29); registration of out-of-state orders is now in § 93-20-124.

H.B. 1442 of 2025, effective July 1, 2025, amended §§ 93-20-407 to 93-20-409. For a conservatorship respondent committed to a state hospital at the time the petition is pending, who has been committed by a Mississippi chancery court for mental health evaluations at least three times in the 24 months before the petition was filed, the personal examination and certificates are made by medical professionals employed by the state hospital (§ 93-20-407(2)(c)). A conservatorship hearing closed at the respondent's request may be attended by a treating physician in person or by technology (§ 93-20-408(3)), and the court records open to the persons § 93-20-409(1) lists include any state hospital medical records.

The Supporting and Strengthening Families Act power of attorney for children ended in 2026: § 93-31-3 stood repealed on July 1, 2026 (H.B. 1315, 2024, § 8), and S.B. 2001 of the 2026 First Extraordinary Session, approved July 17, 2026, repealed the chapter's remaining sections (S.B. 2001, § 65). H.B. 277 and S.B. 2031 of 2026, which would have lowered the age of majority from 21 to 18, including in § 93-20-102, died in committee.

Mississippi guardianship at a glance

Related Mississippi pages

• Guardianship laws by state
• Mississippi power of attorney laws
• Mississippi child custody laws
• Mississippi grandparents' rights
• Mississippi probate

This article provides general legal information about Mississippi guardianship and conservatorship law, not legal advice. Guardianship cases turn on their facts and on court practice. For advice about a specific situation, contact a lawyer licensed in Mississippi or the chancery court that would hear the case.

Last updated: October 20, 2026.

Frequently Asked Questions

How do I get guardianship of my grandchild in Mississippi?

A person interested in the child's welfare may petition the chancery court (Miss. Code § 93-20-202). The court may appoint a guardian if it is in the child's best interest and a condition in § 93-20-201(2) is met, such as each parent's informed consent or clear and convincing evidence that no parent is willing or able to exercise the powers the court is granting.

Is guardianship of a minor in Mississippi until 18 or 21?

The Act defines a minor as an unemancipated individual under 21 (Miss. Code § 93-20-102), and a minor's guardianship ends on, among other events, the minor's attainment of majority or a date the court sets (§ 93-20-210).

Does the person get a lawyer in a Mississippi adult guardianship case?

The adult-guardianship article does not direct the court to appoint one. The court may appoint a guardian ad litem when it considers it necessary to protect the respondent (Miss. Code § 93-20-304), and a ward who seeks to end or modify the guardianship has the right to choose an attorney, with fees the court shall award (§ 93-20-318).

Can a parent give a relative power of attorney over a child in Mississippi?

Not under a statute any longer. The chapter 93-31 power of attorney for a child's care and custody (Miss. Code § 93-31-3) stood repealed on July 1, 2026 (H.B. 1315, 2024, § 8), and S.B. 2001 of the 2026 First Extraordinary Session, approved July 17, 2026, repealed the chapter's remaining sections, §§ 93-31-1, 93-31-5 and 93-31-7.

What must be proved for adult guardianship in Mississippi?

The court must hold a hearing with proof from a personal examination by two physicians, or a physician and a psychologist, nurse practitioner or physician's assistant (Miss. Code § 93-20-305), and the order must find by clear and convincing evidence that the person's needs cannot be met by a less restrictive alternative (§ 93-20-309). Section 93-20-301 does not state a standard of proof for the incapacity finding itself.

How long does an emergency guardianship last in Mississippi?

Up to 60 days for an adult, extendable once for not more than 60 more days if the court finds the conditions for appointment continue; if the court appoints without notice, notice must follow within 48 hours and a hearing within five days (Miss. Code § 93-20-311).

How do I end a guardianship in Mississippi?

On prima facie evidence for terminating an adult guardianship, the court shall order termination unless it is proven that a basis for appointment under Miss. Code § 93-20-301 still exists (§ 93-20-318). A minor's guardianship ends on events such as adoption, emancipation or majority, or in the other circumstances § 93-20-210 describes.