PETITION FOR APPOINTMENT OF GUARDIAN
IN THE CHANCERY COURT OF [COUNTY] COUNTY, MISSISSIPPI
IN THE MATTER OF THE GUARDIANSHIP OF
[WARD FULL LEGAL NAME], A [MINOR ☐ / ADULT ☐]
CAUSE NO.: ________
TABLE OF CONTENTS
I. Document Header .......................................................... 2
II. Definitions ............................................................... 3
III. Operative Provisions (Allegations & Requests) ............................ 4
IV. Representations & Warranties of Petitioner ................................ 7
V. Covenants & Restrictions Applicable to Guardian ........................... 8
VI. Default & Remedies ........................................................ 9
VII. Risk Allocation (Bond & Indemnification) ................................ 10
VIII. Dispute Resolution ..................................................... 11
IX. General Provisions ....................................................... 11
X. Execution Block, Verification & Certificates ............................. 13
// GUIDANCE: Delete the Table of Contents for shorter filings or if local rules
// prohibit its inclusion.
I. DOCUMENT HEADER
-
Parties
1.1 Petitioner: [PETITIONER FULL NAME], [relationship to Ward / interested
person status], residing at [PHYSICAL ADDRESS], hereinafter “Petitioner.”
1.2 Proposed Guardian: [GUARDIAN FULL NAME] ☐ same as Petitioner ☐ other
(specify), residing at [ADDRESS], hereinafter “Proposed Guardian.”
1.3 Ward: [WARD FULL LEGAL NAME], date of birth [MM/DD/YYYY], currently
residing at [ADDRESS / FACILITY]. -
Jurisdiction & Venue
2.1 This Court has subject-matter jurisdiction under the Mississippi Uniform
Guardianship and Conservatorship Act (“MUGA”), Miss. Code Ann. § 93-14-101
et seq.
2.2 Venue is proper in [COUNTY] County under Miss. Code Ann. § 93-14-108
because the Ward ☐ resides ☐ is present in this county. -
Nature of Relief Sought
Petitioner seeks entry of an Order appointing the Proposed Guardian as
(check one):
☐ Guardian of the Person
☐ Guardian of the Estate (“Conservator”)
☐ Limited Guardian (scope described in § 3.4)
☐ Plenary Guardian (full authority permitted by law). -
Effective Date
This Petition is effective upon filing; the requested Letters of Guardianship
shall issue upon the Court’s Order and posting of any required bond.
II. DEFINITIONS
// GUIDANCE: Modify / discard terms not applicable to the facts of your case.
For ease of reference, the following capitalized terms are used throughout this
Petition:
“Act” – The Mississippi Uniform Guardianship and Conservatorship Act,
Miss. Code Ann. § 93-14-101 et seq.
“Annual Report” – The yearly report required of a guardian under Miss. Code
Ann. § 93-14-318 (adult) or § 93-14-223 (minor).
“Bond” – The fiduciary bond required by the Court pursuant to Miss. Code Ann.
§ 93-14-121.
“Court” – The Chancery Court of [COUNTY] County, Mississippi, exercising
probate jurisdiction.
“Letters” – Letters of Guardianship issued by the Clerk upon qualification.
“Ward” – The individual for whose benefit guardianship is sought.
III. OPERATIVE PROVISIONS (ALLEGATIONS & REQUESTS)
3.1 Capacity / Best-Interest Allegations
(a) Minor Guardianship: The Ward is under 18 years of age and the guardianship
is in the Ward’s best interest because [FACTUAL BASIS].
(b) Adult Guardianship: Clear and convincing evidence establishes that the
Ward is unable to meet essential requirements for physical health, safety,
or self-care and lacks sufficient understanding or capacity to make or
communicate responsible decisions because [FACTUAL BASIS]. See Miss.
Code Ann. § 93-14-301 et seq.
3.2 Alternatives Considered
Petitioner has considered less-restrictive alternatives (e.g., powers of
attorney, supported decision-making agreements) and attaches as Exhibit “A”
a statement explaining why such alternatives are insufficient.
// GUIDANCE: Some chancellors require this showing; tailor as needed.
3.3 Interested Persons & Notice
A complete list of all “Interested Persons” as defined in § 93-14-102(l),
including addresses, is attached as Exhibit “B.” Petitioner will provide
notice in accordance with § 93-14-113 and local rules.
3.4 Scope of Requested Authority
(a) Medical: Authority to consent to routine and emergency medical, dental,
and psychiatric care.
(b) Educational: Authority to enroll the Ward in educational programs.
(c) Financial (if Estate/Conservator): Authority to manage, invest, and
disburse assets not exceeding $__ without further Court order.
(d) Limitations: [ANY REQUESTED LIMITATIONS].
3.5 Bond Request
Pursuant to § 93-14-121, Petitioner proposes a fiduciary bond in the sum of
$__, with corporate surety acceptable to the Clerk, or alternatively
waiver of bond for good cause shown [SPECIFY CAUSE].
3.6 Initial Guardianship Plan & Inventory
Petitioner will file an Initial Plan (Form [LOCAL FORM #]) and, for
guardianship of the estate, an Inventory of Assets within 60 days of
qualification as required by § 93-14-315 (adult) or § 93-14-222 (minor).
3.7 Prayer for Relief
WHEREFORE, Petitioner prays that:
(i) The Court find the Ward to be in need of a [limited / plenary] guardian;
(ii) The Proposed Guardian be appointed and Letters be issued;
(iii) The required Bond be approved;
(iv) Petitioner be granted all other just and proper relief.
IV. REPRESENTATIONS & WARRANTIES OF PETITIONER
4.1 Fitness & Eligibility
Petitioner certifies under oath that the Proposed Guardian:
(a) Is over 21 years of age and a resident of [STATE];
(b) Has no felony convictions or pending felony charges;
(c) Has no adverse interest to the Ward’s estate;
(d) Is willing and able to discharge fiduciary duties.
4.2 Accuracy of Information
All factual statements herein are true and complete to the best of
Petitioner’s knowledge, information, and belief, formed after reasonable
inquiry.
4.3 Continuing Duty to Update
Petitioner will promptly supplement or amend this Petition if any material
representation becomes inaccurate prior to adjudication.
V. COVENANTS & RESTRICTIONS APPLICABLE TO GUARDIAN
5.1 Fiduciary Standards
The Guardian shall exercise the degree of care, diligence, and prudence
that a prudent person would exercise when managing the affairs of another,
consistent with § 93-14-316.
5.2 Reporting Requirements
(a) File Annual Reports each year within thirty (30) days after the
anniversary of Letters issuance.
(b) Provide copies of each Annual Report to all Interested Persons as
required by the Act.
5.3 Court Approval Thresholds
The Guardian shall obtain prior Court approval for:
(i) Sale, lease, or encumbrance of real property;
(ii) Investments outside the “legal list” under Miss. Code Ann. § 75-71-101
et seq.;
(iii) Gifts exceeding $______ per calendar year.
5.4 Records Retention
Maintain complete financial records for not less than five (5) years and
make such records available for inspection upon reasonable notice.
VI. DEFAULT & REMEDIES
6.1 Events of Default
(a) Failure to file required reports;
(b) Misapplication or misappropriation of Ward’s funds;
(c) Breach of fiduciary duty;
(d) Failure to maintain Bond.
6.2 Notice & Cure
Upon an alleged default, any Interested Person or the Court sua sponte may
issue written notice specifying the default. The Guardian shall have
fifteen (15) days to cure unless the Court determines immediate action is
necessary.
6.3 Remedies
(a) Suspension or removal of Guardian;
(b) Surcharge against the Guardian and sureties;
(c) Contempt sanctions;
(d) Any other equitable relief.
VII. RISK ALLOCATION (BOND & INDEMNIFICATION)
7.1 Bond
The Guardian shall post Bond in the amount set forth in § 3.5. The Bond
shall remain in full force until the Guardian’s discharge.
7.2 Indemnification
The Guardian shall indemnify and hold harmless the Ward and the Ward’s
estate from any loss, liability, or expense arising out of the Guardian’s
breach of fiduciary duty or willful misconduct.
7.3 Insurance
The Guardian shall maintain liability insurance with limits of not less
than $__ per occurrence, naming the Ward as an additional insured.
VIII. DISPUTE RESOLUTION
8.1 Governing Law
This guardianship proceeding is governed exclusively by Mississippi law,
including the Act and applicable Rules of Chancery Court Practice.
8.2 Forum Selection
Exclusive jurisdiction and venue reside in the Chancery Court of [COUNTY]
County, Mississippi (“state_probate_court” per metadata).
8.3 Arbitration
Arbitration is not available in guardianship matters.
8.4 Jury Waiver
No jury trial is available in this probate proceeding (“no_jury_probate_court”).
8.5 Injunctive Relief
The Court retains authority to issue temporary restraining orders,
preliminary injunctions, or other protective orders as necessary to protect
the Ward (“protective_orders”).
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver
Any amendment of this Petition must be in writing and filed with the Court.
The Court may waive procedural requirements for good cause.
9.2 Severability
If any provision of this Petition is determined unenforceable, the
remaining provisions shall remain in full force unless the Court orders
otherwise.
9.3 Integration
This Petition, together with all exhibits and future filings, constitutes
the entire request for relief.
9.4 Electronic Filing & Signatures
Signatures transmitted via facsimile or electronic means shall be deemed
originals for all purposes, subject to Miss. R. Civ. P. 11 and Chancery
Court E-Filing Administrative Procedures.
9.5 Successors & Assigns
All obligations herein bind any successor Guardian until formally
discharged.
X. EXECUTION BLOCK, VERIFICATION & CERTIFICATES
Respectfully submitted this ___ day of ____, 20__.
[PETITIONER NAME], Petitioner
[ADDRESS]
[PHONE] | [EMAIL]
[ATTORNEY SIGNATURE BLOCK]
[ATTORNEY NAME] (MSB #______)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Counsel for Petitioner
VERIFICATION
STATE OF MISSISSIPPI )
COUNTY OF [COUNTY] )
BEFORE ME, the undersigned authority, on this day personally appeared
[PETITIONER NAME], who, being first duly sworn, stated upon oath that the facts
set forth in the foregoing Petition are true and correct to the best of his/her
knowledge, information, and belief.
[PETITIONER NAME]
SUBSCRIBED AND SWORN TO before me on this ___ day of ____, 20__.
NOTARY PUBLIC
My Commission Expires: ____
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing Petition,
together with all exhibits, was served on all Interested Persons identified in
Exhibit “B” by ☐ hand delivery ☐ U.S. mail ☐ email ☐ MDEC e-service on this
day of _, 20__.
[ATTORNEY NAME]
END OF PETITION
[// GUIDANCE:
1. Exhibits – Attach:
• Exhibit A – Less-restrictive alternatives statement.
• Exhibit B – Interested Persons list.
• Exhibit C – Proposed Order & Letters (optional local forms).
2. Local Rules – Confirm whether your Chancery Court requires additional forms
such as a Confidential Information Sheet or Guardian’s Oath.
3. Bond – Coordinate with a surety company before the hearing so the bond can be
filed immediately upon appointment.
4. Annual Calendar – Create a compliance calendar for Inventory, Plan, and
Annual Reports to avoid defaults under Section VI.
5. Conservatorship – If any estate assets exceed statutory thresholds, consider
simultaneous conservatorship or durable power of attorney alternatives.
]