Mississippi: Adult Guardianship and Conservatorship Petition Requirements

Requirements one by one

Proceeding and state terminology

Miss. Code § 93-20-102 separates the roles. A guardian handles personal
affairs; a conservator handles property and financial affairs. Under
§§ 93-20-107 and 93-20-108, the requests may be brought in one proceeding and
the letters may be combined if the same person receives both appointments.

Who may file and where

Miss. Code § 93-20-302 and § 93-20-402 permit the chancellor, chancery clerk, adult,
relative, friend, or another interested party to institute the sworn case. A
person interested in the adult's estate, finances, or welfare—including one
adversely affected by ineffective property management—may seek a conservator.
Section 93-20-106 uses the adult's county of residence for guardianship and
conservatorship; a nonresident's conservatorship may be filed where the adult
has Mississippi property.

What the petition must contain

Mississippi's petition statute is unusually compressed. Sections 93-20-302 and
93-20-402 require a sworn allegation that the adult needs the requested role,
the petitioner's attorney name and address if represented, and a bold or
highlighted warning before the petition body. The warning tells the adult that
the relief may affect legal rights and that the adult has rights to notice, to
attend the hearing, and to be represented by an attorney.

Proof required for appointment

Miss. Code § 93-20-301 uses a support-aware functional test for a guardian: the
adult must be unable to meet essential physical-health, safety, or self-care
requirements because the adult cannot receive and evaluate information or
make or communicate decisions even with appropriate supports or technology,
or must satisfy the section's separate mental-illness or intellectual-
disability clause.

Section 93-20-401 expressly requires clear and convincing evidence for an
adult conservator. The proof must cover inability to manage property or
finances, necessity to avoid harm or dissipation or provide needed support,
and the absence of an adequate alternative.

Alternatives the court must address

The two tracks converge on tailored authority. Section 93-20-301 limits a
guardian to powers necessitated by demonstrated limitations and needs and
requires consideration of alternatives. Section 93-20-401 bars a full
conservatorship if limited authority or another less restrictive alternative
would meet the adult's needs.

Notice, service, and hearing timing

Miss. Code § 93-20-303 and § 93-20-403 ordinarily require personal service of a
summons and the petition on the adult at least seven days before the hearing.
The court may shorten that period for good cause. Unless a competent adult
joins the petition, the process also reaches the existing counterpart
fiduciary and at least one nonpetitioner adult relative residing in
Mississippi, following the statute's spouse-child-parent-sibling preference.

Counsel and hearing rights

Sections 93-20-306 and 93-20-408 allow the adult to present evidence, subpoena
witnesses and documents, examine witnesses, and otherwise participate. The
adult may request a closed hearing for good cause. A proposed guardian or
conservator must attend unless excused for good cause.

Guardian-ad-litem appointment is discretionary under §§ 93-20-304 and
93-20-405. For an unrepresented conservatorship respondent, § 93-20-406 also
permits discretionary appointment of an attorney. The petition's required
warning preserves the adult's broader right to be represented.

Medical evidence or court evaluator

Miss. Code § 93-20-305 and § 93-20-407 require two written examination certificates:
either two licensed physicians, or one licensed physician plus one licensed
psychologist, nurse practitioner, or physician assistant. A qualifying
telemedicine examination may use an audiovisual connection, subject to the
statutory licensing and professional-relationship conditions.

For conservatorship only, 2025 HB 1442 added a state-hospital rule effective
July 1, 2025. When the adult is housed in a named or contracted state-hospital
facility and has had at least three chancery-court mental-health-evaluation
commitments during the prior 24 months, the facility's medical professionals
must conduct and sign the required certificates.

Limits on the order

Miss. Code § 93-20-309 and § 93-20-411 require specific findings that less
restrictive alternatives, including supports and technology, cannot meet the
adult's identified needs. A full order must explain why limited authority will
not work. A limited guardianship lists the guardian's powers; a limited
conservatorship lists both the controlled property and the conservator's
powers.

Emergency authority is separate. Miss. Code § 93-20-311 and § 93-20-413 cap an
emergency appointment at 60 days, with one possible 60-day extension, and
limit it to powers stated in the order. After an ex parte appointment, notice
is due within 48 hours and the court must hold a hearing within five days.

What trips people up

The seven-day rule is not merely mailed notice. The 2020 corrective act changed
the procedure to a summons served with the petition and requires personal
service on the adult and a qualifying Mississippi relative unless the
competent adult joins the petition.

The medical architecture also differs from many states. One clinician's
letter is not the ordinary statutory proof. Mississippi generally requires two
professional certificates, and the 2025 state-hospital amendment changes who
must prepare them for its narrow class of conservatorship respondents.

Common questions

Can personal and financial authority be requested together?

Yes. Section 93-20-107 allows a combined guardianship and conservatorship
proceeding, and § 93-20-108 allows combined letters when the same person serves
in both roles.

Does Mississippi require a full guardianship once the test is met?

No. The court grants only powers necessitated by demonstrated needs. A full
order must specifically explain why a limited order would not meet the adult's
functional needs.

Can the examinations be remote?

Yes, within § 93-20-305 or § 93-20-407. The examination must use an
audiovisual connection and satisfy the statute's Mississippi physician-
licensing and professional-relationship conditions.

Statutes and sources

• Miss. Code §§ 93-20-102, 93-20-106, 93-20-301, 93-20-304 to -306,
  93-20-401 to -402, 93-20-405 to -407, 93-20-406, 93-20-311, and
  93-20-413. Official Code of Mississippi Annotated, Title 93, release
  78
  (accessed July 18, 2026).
• Miss. Code §§ 93-20-107 to -108, 93-20-302 to -303, 93-20-306,
  93-20-309, 93-20-403, 93-20-408, and 93-20-411. Current corrective text:
  2020 Mississippi SB 2874, as sent to Governor
  (accessed July 18, 2026).
• Miss. Code § 93-20-407. Current state-hospital certificate rule:
  2025 Mississippi HB 1442, as sent to Governor
  (accessed July 18, 2026).