Conservatorship

If you have cared for an elderly parent or watched a beloved grandparent slide into slow decline, you know there comes a time when someone needs to step in and help. This turning point is especially vital when mental decline or conditions like Alzheimer's lead to financial mistakes and vulnerability.

It is devastating to watch someone you have counted on your whole life struggle, but you do not need to stand helplessly by; you can turn to the law and conservatorship to help.

What Is A Conservatorship?

In Mississippi, when someone is unable to care for their finances, make financial decisions, or manage their assets, the court can appoint a conservator to do so for them. The conservator is a trusted individual, often a loved one or a trained professional, given authority over the ward’s finances and financial decisions.

This is a serious decision, however, as it means stripping the ward of their freedom and financial autonomy, so it is never taken lightly or assigned without significant cause.

When Is A Conservatorship Appropriate In Mississippi?

Conservatorship is a serious move, and Mississippi courts require strong evidence of significant incapacity or disability before considering it. Occasionally forgetting to pay a bill on time or making purchases you personally disagree with is not grounds for a conservatorship, even if it can be genuinely concerning.

Mississippi Conservatorships are reserved for those deemed truly incapable of managing their finances due to any number of conditions such as:

• Severe mental decline or dementia,
• Memory issues caused by Alzheimer’s or Parkinson’s,
• Age: minors who have lost their parents often require a conservatorship until they come of age,
• Mental illness or disabilities that leave someone unable to care for themselves.

The goal of these conservatorships is to protect the individual, not control them; the court will only proceed if they believe the decision will uphold the ward’s dignity and well-being. As a result, if you want to place a loved one under conservatorship, you will need the assistance of a skilled attorney to prove that it is necessary.

What Is The Difference Between A Conservatorship And A Guardianship In Mississippi?

If your loved one is not only incapable of managing their finances and making financial decisions, but also of making everyday decisions or caring for themselves, a guardianship may be required in addition to a conservatorship. While a conservatorship is limited to money matters and asset management, a guardianship can cover a wide range of personal matters and decisions.

A guardian might be given responsibility over where their ward lives, their medical decisions, and who sees to their day-to-day needs and comfort.

Sometimes a Conservator will also be appointed as a Guardian or vice versa, but often courts in Mississippi prefer to divide these roles to avoid conflicts of interest and spread out the burdens and responsibilities involved.

Can A Conservatorship Be Challenged In Mississippi?

If you or someone you love has been placed under a conservatorship unfairly, or you believe someone in a conservatorship is being taken advantage of, you can (and should) speak up. Like other court decisions, a conservatorship can be challenged before it is assigned, often by the individual in question, as well as months or even years afterward.

Under Mississippi law, a conservator has significant legal and financial responsibilities, such as regularly reporting and closely tracking expenses. If they fail to fulfill these duties or cause harm to their ward, their role as conservator can be called into question. Accusations of fraud, theft, abuse or incompetence will be taken seriously by the court, which knows how crucial the conservator role is and how much power they have over the ward.

However, challenging a conservatorship at any point is never easy and will require the guidance of an experienced lawyer like Joseph Kelly to succeed.

Joseph Kelly: Your Mississippi Elder Law, Conservatorship, And Estate Planning Lawyer

Conservatorships are a significant legal step in the care of your loved ones, not something to be taken for granted or accepted easily by courts. If you want to place a loved one under your care, or the care of a professional conservator, or if you want to challenge a proposed or existing conservatorship, you need serious legal backing.

Throughout Mississippi, especially in Hancock or Harrison County, families can count on the exceptional and experienced representation of conservatorship lawyer Joseph Kelly. As an elder law and estate planning lawyer with over 30 years of experience, Joseph Kelly can help you navigate even complex processes like conservatorships, helping you understand what is going on at each step while keeping it as simple and adapted to your circumstances as possible.

Call Today To Secure Or Challenge A Mississippi Conservatorship

If you are watching a loved one suffer or decline, do not assume you are powerless or have to face the court system alone; we can help. Whether you want to challenge an unfair conservatorship or place a loved one under much-needed financial care, attorney Joseph Kelly can help you navigate the Mississippi court procedures.

Do not wait to take action to protect your loved one: call (228) 467-3400 today to schedule a consultation and discuss the solution. Together, we will work to ensure your loved one and their legacy are safe and well cared for.