A conservatorship in Mississippi is a court-ordered arrangement in which the Chancery Court appoints someone to manage the finances, personal decisions, or both of an adult who cannot manage them alone. The current framework is the Mississippi Guardianship and Conservatorship Act, known as the GAP Act, which took effect January 1, 2020, and lives in Title 93, Chapter 20 of the Mississippi Code. It favors the least restrictive arrangement possible, gives the protected person defined rights throughout the case, and places significant fiduciary obligations on whoever the court appoints.
Older statute references, including sections 93-13-251 through 93-13-261 that you may still find online, were repealed. Any petition filed today runs through Chapter 20.
Filing a Petition in Chancery Court
A conservatorship case starts with a petition in the Chancery Court of the county where the proposed protected person lives. The individual themselves, a relative, or any other interested person can file it. The petition identifies the person alleged to need a conservator and explains why the appointment is necessary.
The petition must open with a statutory warning, in bold text, telling the respondent that the proceeding may affect their legal rights and that they have a right to notice, to attend any hearing, and to be represented by an attorney.1Justia. Mississippi Code 93-20-402 – Petition for Appointment of Conservator; Notice That language has to appear before the body of the petition. Under the Uniform Chancery Court Rules, the conservator and typically the petitioner must retain an attorney for fiduciary proceedings unless the court specifically excuses that requirement.2Mississippi Judiciary. Uniform Chancery Court Rules – Rule 6.02
Notice and the Hearing
The petitioner must serve the respondent with a summons and a copy of the petition at least seven days before the hearing, unless the court shortens that period for good cause. At least one adult relative living in Mississippi must also be notified, following a statutory priority: spouse first, then children, parents, and siblings.3Justia. Mississippi Code 93-20-403 – Notice and Hearing for Appointment of Conservator; Notice of Hearing After Appointment of Conservator
If no relative within the third degree of kinship lives in the state, the court must either designate another appropriate person to receive the summons or appoint a guardian ad litem.3Justia. Mississippi Code 93-20-403 – Notice and Hearing for Appointment of Conservator; Notice of Hearing After Appointment of Conservator Any existing guardian must be served, and if the respondent receives Veterans’ Administration benefits, that agency gets notice too.
The court can appoint a guardian ad litem at any point when it believes independent representation is necessary, and the guardian ad litem’s fees come from the respondent’s estate.4Justia. Mississippi Code 93-20-304 – Appointment of Guardian Ad Litem It is not automatic. A court that declines to make the appointment has not committed reversible error unless the circumstances genuinely required it.
Full, Limited, and Emergency Conservatorships
The GAP Act pushes courts toward limited conservatorships. If a judge orders a full conservatorship, the order has to explain in writing why a limited one would not have worked. That forces the arrangement to match the person’s actual needs. A limited conservator might handle investments and bill-paying while the protected person keeps day-to-day spending authority and other decisions.
Emergency conservatorships have their own track. An interested person can petition for one when the respondent faces substantial and irreparable harm, no one else has authority or willingness to act, and a conservator appears necessary. An emergency conservator serves no longer than 60 days, though the court can extend that. The order must list the specific powers granted. The court must give notice within 48 hours of the appointment, and a hearing must take place within five days. An emergency appointment is not a finding that grounds exist for a permanent conservatorship.
Bond and Asset Protection
Mississippi courts must require a conservator to post a bond or arrange another form of asset protection, conditioned on the conservator faithfully performing their duties. Unless the court directs otherwise, the bond equals the total capital value of the conservatorship estate plus one year of estimated income, minus any property already deposited under an arrangement requiring a court order to withdraw, and minus real property the conservator cannot sell without specific court authorization.5FindLaw. Mississippi Code 93-20-416 – Bond of Conservator The court can accept a securities pledge or a real property mortgage instead of a traditional surety bond.
The bond can be waived in some situations. A parent may waive the bond for a minor’s conservator through a valid holographic will or a signed instrument witnessed by at least two credible witnesses who are not the nominated conservator. The bond can also be waived if estate assets are deposited into FDIC-insured financial institutions and stay there until further court order. The court has general discretion to waive the bond when it concludes protection is not needed. One firm limit: a professional conservator who is paid for the service can never have the bond waived.5FindLaw. Mississippi Code 93-20-416 – Bond of Conservator
What a Conservator Has to Do
A conservator is a fiduciary. That means the protected person’s interests come ahead of the conservator’s in every decision. The core job is managing the estate prudently: safeguarding assets, paying bills, making reasonable investments, and directing the person’s financial resources toward their care and benefit. Accurate records are required, because the court will review them.
Every year the conservator must file a report covering the administration of the estate. Each report includes an accounting that lists all estate property along with receipts, disbursements, liabilities, and distributions for the reporting period, plus the services provided to the ward.6Justia. Mississippi Code 93-20-423 – Conservator’s Report and Accounting; Monitoring The conservator has to petition the court to approve each report, and the court reviews the filing before approving it. Missing a filing, or filing something inaccurate, can lead to removal and personal liability.
A conservator with charge of the person, not just the estate, also makes decisions about healthcare, living arrangements, and daily welfare. Those decisions have to account for the protected person’s preferences and values. Under the GAP Act, courts expect conservators to involve the protected person in decisions to the greatest extent possible.
Rights the Protected Person Keeps
The respondent has the right to notice of every proceeding that could affect their status, the right to attend every hearing, and the right to be represented by an attorney.1Justia. Mississippi Code 93-20-402 – Petition for Appointment of Conservator; Notice Those rights continue after the conservatorship is established. Any petition filed later must be noticed to the ward, the conservator, and anyone else the court determines should know.3Justia. Mississippi Code 93-20-403 – Notice and Hearing for Appointment of Conservator; Notice of Hearing After Appointment of Conservator
A conservatorship transfers only what the court’s order specifically transfers. The protected person keeps every other right. Under a limited conservatorship, large categories of decisions may stay entirely with the ward. The protected person can petition the court at any time to challenge the conservator’s actions, ask for a different conservator, or seek to modify the conservatorship’s scope. Family members and other interested parties can raise concerns too.
Privacy and dignity are ongoing duties. The conservator must treat the protected person with respect, keep personal information confidential, and support the person’s relationships and social participation. Isolation or mistreatment complaints can result in removal.
Ending or Modifying a Conservatorship
A conservatorship should last only as long as the need lasts. The protected person, the conservator, or any interested party can petition the Chancery Court to terminate the arrangement if the person has regained the ability to manage their own affairs. Medical or psychological evaluations usually support the petition by showing the underlying condition has improved or resolved.
Modification works the same way. If circumstances change, anyone involved can ask the court to expand or narrow the conservator’s authority. Someone originally placed under a full conservatorship who has made progress might move to a limited one covering only certain financial decisions. The court weighs whether the proposed change serves the protected person’s best interests and fits the GAP Act’s preference for the least restrictive arrangement.
A conservatorship ends automatically when the protected person dies. If the conservator dies, becomes incapacitated, or resigns, the court appoints a successor. The outgoing conservator, or their representative, files a final accounting covering all transactions through the end of the conservatorship, and the court reviews it before closing the case.