Mississippi Adult Guardianship and Conservatorship Petition Packet (GAP Act)

MISSISSIPPI ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET (GAP ACT)

Filed in the Chancery Court of the State of Mississippi

PART 1 — PRE-PETITION CHECKLIST

A. Standing (Miss. Code § 93-20-302(1))

Petitioner must be one of the following:

☐ The chancellor or clerk of the chancery court
☐ A relative of the adult (specify): [________________________________]
☐ A friend of the adult (specify): [________________________________]
☐ Any other interested party (specify): [________________________________]
☐ The adult who is the subject of the petition

B. Less Restrictive Alternatives Considered

☐ Durable Power of Attorney — Miss. Code § 87-3-101 et seq.
☐ Health Care Advance Directive — Miss. Code § 41-41-201 et seq.
☐ Representative Payee (SSA / VA)
☐ Supported Decision-Making arrangement
☐ Joint accounts with safeguards
☐ Trust (revocable / special needs)
☐ APS / Adult Protective Services referral — Miss. Code § 43-47
☐ Case management / community-based services through DHS / DMH

C. Required Petition Information (§ 93-20-302; § 93-20-305)

☐ Sworn petition filed in chancery court of county of residence
☐ Name and address of attorney for petitioner (if any)
☐ MANDATORY BOLD/HIGHLIGHTED notice under § 93-20-302(2) placed before the body
☐ Statement that adult is alleged to be in need of guardianship
☐ Identification of interested persons
☐ Description of estate (conservatorship)
☐ Proposed guardian/conservator information
☐ Less restrictive alternatives analysis
☐ Physician's certificate / professional evaluation (or request for court-ordered evaluation)

D. UCCR 6.01 — Attorney Required

☐ Petitioner has retained an attorney
☐ Fiduciary attorney undertaking established (chancery court tradition)

PART 2 — VERIFIED PETITION

Court Caption

STATUTORY NOTICE (§ 93-20-302(2)) — MUST APPEAR IN BOLD/HIGHLIGHTED TYPE BEFORE BODY OF PETITION:

"THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY."

SWORN PETITION FOR APPOINTMENT OF GUARDIAN OF THE PERSON AND/OR CONSERVATOR OF THE ESTATE OF AN ADULT

COMES NOW, [PETITIONER NAME], by and through undersigned counsel, pursuant to the Mississippi Guardianship and Protective Proceedings Act, Miss. Code Ann. §§ 93-20-101 et seq., and respectfully petitions this Honorable Court for the appointment of a guardian and/or conservator for the above-named adult, and states:

1. Petitioner and Counsel (§ 93-20-302(2))

2. Adult Subject of Petition (Respondent)

3. Jurisdiction and Venue (§ 93-20-104)

This Court has jurisdiction under § 93-20-104 because the adult is domiciled and resides in [____________________] County, Mississippi. No proceeding for guardianship or conservatorship of this adult is pending in any other state. Jurisdiction is subject to the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (Miss. Code Title 93, Chapter 114).

4. Need for Guardianship/Conservatorship

The Adult is in need of:

☐ Guardianship of the Person (§ 93-20-301 et seq.)
☐ Conservatorship of the Estate (§ 93-20-401 et seq.)
☐ Both Guardianship and Conservatorship

Factual basis:

[________________________________________________________________
________________________________________________________________
________________________________________________________________]

5. Standard — Need (§ 93-20-310 / § 93-20-413)

The Adult lacks the ability to meet essential requirements for physical health, safety, or self-care because of:

☐ Inability to receive and evaluate information
☐ Inability to make or communicate decisions
☐ Even with appropriate supportive services, technological assistance, or supported decision-making

Specific functional impairments:

6. Less Restrictive Alternatives

Conclusion: A ☐ limited ☐ full guardianship/conservatorship is necessary because: [________________________________]

7. Interested Persons

8. Estate Description (Conservatorship)

9. Proposed Guardian / Conservator

10. Scope and Powers Requested

☐ Plenary Guardianship
☐ Limited Guardianship — specify powers: [________________________________]
☐ Plenary Conservatorship
☐ Limited Conservatorship — specify powers: [________________________________]

Specific Guardian powers:

☐ Determine residence
☐ Consent to medical treatment
☐ Manage personal mail
☐ Apply for public benefits
☐ Receive notice and make decisions about education/training
☐ Other: [________________________________]

Specific Conservator powers:

☐ Receive and manage income
☐ Pay expenses
☐ Buy/sell real property (with court approval)
☐ Manage investments
☐ Institute or defend legal actions
☐ Other: [________________________________]

11. Prayer for Relief

WHEREFORE, Petitioner respectfully prays this Honorable Court will:

a. Set the matter for hearing under Miss. Code § 93-20-303;
b. Order notice and service on the Adult and all interested persons;
c. Appoint a Guardian Ad Litem and/or Court Visitor under § 93-20-304;
d. Appoint counsel for the Adult under § 93-20-304;
e. Order a professional evaluation under § 93-20-305 (if not attached);
f. Conduct hearing, hear evidence, and find by clear and convincing evidence that the standards of § 93-20-310 / § 93-20-413 are satisfied;
g. Appoint [PROPOSED FIDUCIARY] as ☐ Guardian of the Person ☐ Conservator of the Estate ☐ Both;
h. Set bond as appropriate;
i. Issue Letters of Guardianship / Conservatorship under § 93-20-311;
j. Order initial inventory (§ 93-20-419) and annual reports (§§ 93-20-317, 93-20-420);
k. Grant such other relief as just.

SWORN VERIFICATION

STATE OF MISSISSIPPI )
COUNTY OF [____________________] ) ss.

I, [PETITIONER NAME], being first duly sworn, state upon oath that I am the Petitioner herein; that I have read the foregoing Petition and the matters and things stated therein are true and correct to the best of my knowledge, information, and belief.

SWORN TO AND SUBSCRIBED before me this [____] day of [____________________], [____].

PART 3 — NOTICE TO ADULT (§ 93-20-303)

NOTICE OF HEARING — ADULT IN INTEREST

TO: [ADULT NAME], at [ADULT ADDRESS]

THE RELIEF SOUGHT HEREIN MAY AFFECT YOUR LEGAL RIGHTS. YOU HAVE A RIGHT TO NOTICE OF ANY HEARING ON THIS PETITION, TO ATTEND ANY SUCH HEARING, AND TO BE REPRESENTED BY AN ATTORNEY.

A Petition for Appointment of Guardian and/or Conservator has been filed concerning you. If granted, the Court may take away your right to make decisions about where you live, your medical care, your money, contracts, marriage, and other important matters.

Your Rights Under the GAP Act

Hearing Information

Personal service required at least 14 days before hearing.

PART 4 — NOTICE TO INTERESTED PERSONS (§ 93-20-303)

NOTICE OF HEARING

TO: All Interested Persons named in the Sworn Petition:

PLEASE TAKE NOTICE that a Sworn Petition for Appointment of Guardian and/or Conservator has been filed concerning [ADULT NAME]. A hearing will be held on [__/__/____] at [____] [☐ AM ☐ PM] before the Chancery Court of [____________________] County, Mississippi, located at [________________________________].

You may appear and be heard, and may file objections with the Clerk before the hearing.

PART 5 — PHYSICIAN'S CERTIFICATE / PROFESSIONAL EVALUATION (§ 93-20-305)

PROFESSIONAL EVALUATION REPORT

A. Evaluator Credentials

B. Examination

C. Diagnosis

Primary: [________________________________]

Secondary: [________________________________]

ICD-10 / DSM-5 Codes: [________________________________]

D. Functional Assessment

E. Opinion

In my professional opinion, the Adult ☐ DOES / ☐ DOES NOT lack the ability to meet essential requirements for physical health, safety, or self-care, and ☐ DOES / ☐ DOES NOT require a guardian. The Adult ☐ DOES / ☐ DOES NOT lack ability to manage property and financial affairs.

Least restrictive recommendation: [________________________________]

F. Prognosis and Ability to Attend Hearing

[____________________________________________________________]

Can the Adult meaningfully participate in the hearing? ☐ Yes ☐ No — explain: [________________________________]

PART 6 — APPOINTMENT OF GUARDIAN AD LITEM / COURT VISITOR (§ 93-20-304)

ORDER APPOINTING GUARDIAN AD LITEM AND/OR COURT VISITOR

The Court hereby appoints:

☐ [GAL NAME] as Guardian Ad Litem under Miss. Code § 93-20-304
☐ [VISITOR NAME] as Court Visitor under Miss. Code § 93-20-304
☐ [ATTORNEY NAME] as Attorney for the Adult under Miss. Code § 93-20-304

Duties:

☐ Interview the Adult personally
☐ Explain the petition, hearing, and rights
☐ Determine the Adult's wishes
☐ Interview the Petitioner, proposed guardian/conservator, family, caregivers
☐ Visit the proposed residence (if change planned)
☐ Review the professional evaluation
☐ File a written report at least 10 days before hearing
☐ Recommend least restrictive alternative

PART 7 — LESS RESTRICTIVE ALTERNATIVE FINDINGS

LRA STATEMENT FOR THE COURT

The petitioner respectfully submits that the following less restrictive alternatives have been considered and are inadequate:

Court is requested to enter the LRA finding required by § 93-20-310.

PART 8 — BOND

BOND DETERMINATION

Note: A conservator generally must post bond in an amount sufficient to protect the estate, typically the value of personal property plus one year's anticipated income, unless the assets are restricted in a court-supervised account.

PART 9 — NOTICE OF HEARING (Master)

NOTICE OF HEARING

PLEASE TAKE NOTICE that a hearing on the Sworn Petition for Appointment of Guardian and/or Conservator will be conducted:

PART 10 — PROPOSED ORDER (§§ 93-20-310, 93-20-311)

FINAL ORDER APPOINTING GUARDIAN AND/OR CONSERVATOR

THIS CAUSE came on for hearing on the Sworn Petition for Appointment of Guardian and/or Conservator under the Mississippi Guardianship and Protective Proceedings Act. The Court, having received the testimony of witnesses, the professional evaluation, the report of the Guardian Ad Litem / Court Visitor, and the argument of counsel, FINDS by CLEAR AND CONVINCING EVIDENCE:

1. The Court has jurisdiction under Miss. Code § 93-20-104 and the UAGPPJA (Title 93, Chapter 114).

2. Due notice has been provided to the Adult and to all interested persons as required by § 93-20-303.

3. The Adult was represented by an attorney as required by § 93-20-304.

4. The Adult 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, technological assistance, or supported decision-making.

5. (Conservatorship) The Adult is unable to manage property or financial affairs because of an inability to receive and evaluate information or make or communicate decisions, even with appropriate supports, AND the Adult has property that will be wasted or dissipated unless management is provided, OR money is needed for the Adult's support, care, or well-being.

6. Less restrictive alternatives have been considered and are insufficient.

7. The proposed fiduciary is qualified to serve.

IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED:

a. [FIDUCIARY NAME] is appointed ☐ Guardian of the Person ☐ Conservator of the Estate ☐ Both of [ADULT NAME];
b. The fiduciary is granted the following powers (limited scope where indicated):
[____________________________________________________________]
c. Bond is set at $[____________];
d. Letters of Guardianship/Conservatorship shall issue upon qualification (§ 93-20-311);
e. The Adult retains all rights not specifically removed by this Order, including the right to communicate, visit, and associate (§ 93-20-315);
f. Initial Inventory due within 60 days (§ 93-20-419);
g. Annual Guardian's Report due (§ 93-20-317); Annual Conservator's Accounting due (§ 93-20-420);
h. This Court retains continuing and exclusive jurisdiction under § 93-20-104.

PART 11 — LETTERS OF GUARDIANSHIP / CONSERVATORSHIP (§ 93-20-311)

LETTERS OF GUARDIANSHIP / CONSERVATORSHIP

The Chancery Court of [____________________] County, Mississippi certifies that [FIDUCIARY NAME] has been duly appointed and has qualified as ☐ Guardian of the Person ☐ Conservator of the Estate ☐ Both of [WARD/PROTECTED PERSON NAME], by Order entered [__/__/____], with the powers stated therein.

These Letters remain in full force and effect until revoked or until the appointment otherwise terminates.

PART 12 — INITIAL INVENTORY (§ 93-20-419)

INITIAL VERIFIED INVENTORY

DUE: Within 60 days of qualification.

Monthly Income

Liabilities

VERIFICATION: I declare under penalty of perjury that the foregoing is true and complete.

PART 13 — ANNUAL REPORT AND ACCOUNTING (§§ 93-20-317, 93-20-420)

ANNUAL GUARDIAN'S REPORT (§ 93-20-317) — MANDATORY

Reporting Period: [__/__/____] to [__/__/____]

ANNUAL CONSERVATOR'S ACCOUNTING (§ 93-20-420)

Schedules attached: ☐ Receipts ☐ Disbursements ☐ Investments ☐ Vouchers ☐ Bond Renewal

VERIFICATION:

SOURCES AND REFERENCES

• Mississippi Code Title 93, Chapter 20 (GAP Act): https://law.justia.com/codes/mississippi/title-93/chapter-20/
• Miss. Code § 93-20-302 (Petition for Adult Guardian): https://law.justia.com/codes/mississippi/title-93/chapter-20/article-3/section-93-20-302/
• Mississippi Judiciary GAP Act Forms: https://courts.ms.gov/
• The Better Chancery Practice Blog — GAP Act commentary
• Uniform Chancery Court Rules (UCCR)
• Mississippi Code Title 93, Chapter 114 (UAGPPJA)
• Mississippi Bar — Probate and Estates Section

END OF MISSISSIPPI ADULT GUARDIANSHIP AND CONSERVATORSHIP PETITION PACKET (GAP ACT)