Section 93-20-201 – Basis for appointment of guardian for minor

May 13, 2021 | Family Law, Mississippi

(1) A person becomes a guardian for a minor only on appointment by the court.
(2) The court may appoint a guardian for a minor who does not have a guardian if the court finds the appointment is in the minor’s best interest, and:

(a) Each parent of the minor, after being fully informed of the nature and consequences of guardianship, consents;
(b) All parental rights have been terminated; or
(c) There is clear and convincing evidence that no parent of the minor is willing or able to exercise the powers the court is granting the guardian.
(3) The guardian for a minor is not required to retain an attorney of record for the guardianship if the courts finds that this would impose an undue burden on the ward’s estate.

Miss. Code § 93-20-201

Amended by Laws, 2020, ch. TBD, SB 2874,§ 10, eff. 6/23/2020.
Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.