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729 Watts Avenue, Pascagoula, Mississippi 39567
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Mississippi Law Firm Handles Guardianship & Conservatorship

Supporting families caring for loved ones

Many people get to the point where they are unable to take care of themselves. Whether it is due to advanced age and dementia or being unconscious due to a catastrophic accident, you may need to take responsibility for a family member or friend. At the law firm of Cumbest, Cumbest, Hunter & McCormick, we know that it might be difficult to decide whether to establish a guardianship. We are sensitive to the issues involved and can help you make the necessary arrangements to care for a loved one who needs help.

What is the difference between adult guardianship and conservatorship?

Adult guardianship is a legal process supervised by the court that gives you custody over and responsibility for an adult who is incapable of making important life decisions. The court appoints a conservator to manage only the finances of an incapacitated person. In some cases, the same individual fills the guardian and conservator roles.

A person who is incapacitated due to a coma, Alzheimer’s disease, dementia or another serious illness may need a guardian and/or conservator to take care of daily needs and finances.

In Mississippi the chancery court appoints guardians and conservators and supervises their work. A conservator must keep careful records and report to the court on a regular basis. These reports become public record in an attempt to curb the potential for abuse and mismanagement of assets that belong to  a defenseless ward.

A guardianship can be ended by the court if the ward recovers from the illness that caused the incapacity, or a particular guardian may be terminated and another one appointed instead. When the legally incapacitated person dies, the guardianship ends.

How to avoid conservatorship

The guardianship and conservatorship process is time-consuming, expensive and public. Here are a few options that require a bit of advance planning but help you avoid the need to exercise that option:

  • Durable financial power of attorney
  • Joint property ownership

Working with a knowledgeable estate planning attorney helps you come up with a plan that suits your circumstances and meets your specific needs.

Contact a trusted estate planning attorney who can help you plan for the future

At the law firm of Cumbest, Cumbest, Hunter & McCormick, we know how challenging it can be when loved ones are unable to care for themselves. Let us help you devise a solid estate plan so you don’t find yourself in the same circumstance later in life. Contact us online or call us at 866-461-1591 to schedule a confidential consultation today.