Mississippi Guardianship Attorneys
Protecting the Rights of Vulnerable Clients
Guardianships may be established to provide oversight of a person or his property. If you need a Mississippi guardianship lawyer to advise you or represent your interests, call John Robert White, PA for personalized representation at a reasonable rate.
Let a Mississippi family law attorney evaluate your case during your initial consultation. Call (601) 675-4308 for an appointment.
When a Guardian May Be Appointed
Typically, guardians are appointed for children under the age of 21. However, guardianship is not exclusively for minors. There are several other situations in which the court may deem it appropriate to appoint a guardian for an individual. A qualified attorney can advise you regarding the process of appointing a guardian in specific circumstances.
A guardian may be appointed for many situations, such as:
- A person in need of mental health treatment
- An incompetent adult
- A person who is not of sound mind
- An alcoholic or drug addict
- A convict in a penitentiary
- A person reported missing in the armed forces
- Minor wards of veterans
Under Mississippi law, the natural parent is presumed to be the preferred guardian of a child. However, there are situations that demonstrate that a natural parent is not fit to be the child’s guardian. This may incidents of abandonment, mental instability, or conduct deemed detrimental to the child.
When a child suffers an injury, the court must approve a claim settlement and appoint a guardian. This guardian is designated to receive and protect the proceeds of the settlement. The court may require that the money be deposited into an interest-bearing account until the child reaches the age of 21. Withdrawals cannot be made without permission from the court.
Naming a Testamentary Guardian
At John Robert White, PA, we recommend that people with minor children name a testamentary guardian in a last will and testament. This provides the parent or parents with the opportunity to designate the person who will have custody of their minor children in the event of the death of the parents. When parents are divorced, appointing a guardian is not a guarantee that the surviving parent will not be presumed to be the preferred guardian. In situations where the surviving parent is incapable or unfit to care for the child, the testamentary guardian is next in line to take custody. A Mississippi family lawyer from our firm can help you name a guardian for your child and answer your questions about guardianships in all types of situations.
When you are ready to discuss your case, contact our firm at (601) 675-4308.