Guardianship

There comes a time in most lives when we can no longer care for ourselves as we once did. This often starts in minor ways, like not being able to dust the high shelves or tackle the stairs to the attic. But eventually we run into major setbacks: being unable to drive, bathe, cook, or clean altogether.

When this happens to a loved one, it can be alarming to watch, but you are not powerless to help under the law. When someone in Mississippi can no longer care for themselves, the state can appoint someone as their guardian.

What Is Guardianship?

The term guardian or guardianship probably brings to mind a parent caring for a child, or a legal guardian being appointed to care for a child who lost their parents. The principle is the same for the elderly. When a loved one is too physically or mentally incapacitated, someone needs to look after their safety and care, and that is their guardian.

In Mississippi, a guardian can only be appointed by a court, as it is a very different level of responsibility from simply helping out your mom or dad with chores or lawn care. Instead, guardians gain the power and burden of making some or all of the significant decisions for the person in their care, called their ward.

What Does A Guardian Do In Mississippi?

If you are appointed to be the guardian of a disabled or elderly loved one, you will be given the task of making key decisions regarding their physical care and well-being. Depending on what the court has decided, this may include:

• Where the ward lives,
• What medical care they receive and where they get it,
• Ensuring they are properly fed and live in a clean environment.

Any and all elements of their daily needs and physical care can be in the hands of a guardian, which means this is a serious responsibility and a vital role in their life. It also means the ward will have fewer freedoms to make their own decisions, which is why the guardianship process is never imposed lightly.

What Is The Difference Between Guardianship And Conservatorship?

In Mississippi, a conservator is given control over an individual's financial estate, while a guardian is given control over their physical person. Sometimes a guardian will also be a conservator, in charge of making decisions about their ward's assets, money and spending, while at other times the roles will be divided by the court to ensure no one has too much control or to avoid placing an undue burden on one person.

In either case, a guardian or conservator may want to be accompanied and advised by a skilled lawyer, such as Mississippi’s Joseph Kelly.

Need To Initiate Or Challenge A Guardianship In Mississippi? Call Joseph Kelly

Starting the guardianship process is never easy; while the court will sometimes quickly authorize someone to step in as an emergency guardian, they will inevitably require a formal hearing process to determine whether this drastic step is necessary.

Whether you are seeking an appointment as guardian over a loved one, or you are trying to challenge a court’s choice of guardian (including over yourself), you will need an experienced advocate by your side to help advocate for you.

With over 30 years of guardianship and estate planning experience in Mississippi counties like Harrison and Hancock, Joseph Kelly is the lawyer you need. He’ll help you navigate the guardianship process, understand what evidence and arguments the courts are looking for, and empower you to take or challenge guardianship decisions no matter where you live in the state.

Protect Your Loved One By Calling Joseph Kelly Today

If an elder in your life has passed the point of being able to care for themselves, it may be time to consider requesting guardianship over their person. Attorney Joseph Kelly knows how difficult and important such a step is, and stands ready to advise you throughout the guardianship process.

To request a free consultation to discuss your guardianship options, remedies, or process in Mississippi, just call (228) 467-3400 today or reach out to us online. Together, we will work to ensure your loved one and their legacy are safe and cared for.