MS risk area
Guardianship risk in Mississippi
How courts appoint guardians for minors when no plan is in place.
Mississippi treats parents as joint natural guardians; if a parent is unsuitable, the court can appoint another guardian, and minors over 14 may select a guardian subject to court approval.
At a glance
Key takeaways
- Parents are joint natural guardians with equal rights and duties.
- If a parent dies or is incapable, guardianship devolves to the surviving parent.
- If a parent is unsuitable, the court may appoint a suitable person as guardian.
- A minor over age 14 may petition to select a general guardian, subject to court approval.
Questions to consider
Questions this risk area helps you evaluate in Mississippi
- What happens to minor children immediately after a death?
- How does the court choose a guardian?
- How long can the guardianship process take?
State overview
Mississippi treats parents as joint natural guardians; if a parent is unsuitable, the court can appoint another guardian, and minors over 14 may select a guardian subject to court approval.
- Parents are joint natural guardians with equal rights and duties.
- If a parent dies or is incapable, guardianship devolves to the surviving parent.
- If a parent is unsuitable, the court may appoint a suitable person as guardian.
- A minor over age 14 may petition to select a general guardian, subject to court approval.
- Older minors may nominate a guardian, subject to court approval.
Sources
- https://law.justia.com/codes/mississippi/title-93/chapter-13/wards-generally/section-93-13-1/
- https://law.justia.com/codes/mississippi/2018/title-93/chapter-13/wards-generally/section-93-13-13/
Risk sources
- Uniform Probate Code (2019) - Protection of persons under disability
Article V provides model guardianship and conservatorship rules.
- Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act (UGCOPAA)
Modern standards for guardianships and protective arrangements.
- Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)
Interstate jurisdiction and transfer rules for guardianships.
National sources provide baseline context; state statutes and court rules control in Mississippi.