Conservatorship Mississippi: Court Authority Over an Elderly Parent's Finances

Your parent has dementia, never signed a power of attorney, and the bank just froze their account because they tried to wire $12,000 to a phone scammer. In Mississippi, a conservatorship is the only legal path to take control of an incapacitated parent's finances when no durable POA exists.

Conservatorship vs. Guardianship in Mississippi

The Mississippi GAP Act (Miss. Code Ann. § 93-20-101 et seq.) draws a hard line between two forms of court authority:

• Guardianship controls the person — housing, medical treatment, daily care decisions
• Conservatorship controls the estate — bank accounts, bill payments, taxes, property management

You can petition for one or both. Many families need both, but the court grants only what the evidence supports. If your parent can manage personal care but cannot handle money, the court may appoint a conservator without a guardian.

What It Costs

Conservatorship is the expensive path. Budget for:

• Chancery Court filing fee: $148 to $161, depending on county surcharges
• Sheriff service fee: approximately $45 for serving the Rule 81 Summons
• Attorney fees: $2,500 to $4,000 or more for an uncontested case
• Medical evaluations: two licensed physicians must certify incapacity, which can run $100 to $400 each depending on insurance
• Surety bond premium: varies by estate size, typically $100 to $500 per year

Total first-year costs for an uncontested conservatorship commonly run $3,500 to $5,500. Contested cases with family disputes push well past $10,000.

The Filing Process Step by Step

Gather medical evidence. The GAP Act requires written certificates from at least two licensed physicians — or one physician plus a licensed psychologist, nurse practitioner, or physician assistant (who cannot be in a supervisory relationship with the physician). Telemedicine evaluations are allowed for families in rural counties.

File the petition. The petition is filed in the Chancery Court of the county where your parent resides. Mississippi Judicial College and the Administrative Office of the Courts provide standard GAP Act forms, including the Petition for Appointment, Medical Affidavit of Capacity, and Certificate of Fiduciary.

Serve the proposed ward. A Rule 81 Summons and a copy of the petition must be served on your parent at least seven days before the hearing. The proposed ward can never waive service — even if they cannot understand the documents.

Notify relatives. Spouse and adult children must be personally served. If none exist, notice goes to parents and siblings, then to relatives within the third degree of kinship.

Attend the hearing. The petitioner must prove by clear and convincing evidence that the parent cannot manage their financial affairs and that less restrictive alternatives (like a POA or supported decision-making) have been considered.

Post-Appointment Obligations

Once appointed, a conservator faces strict court oversight:

• Surety bond: Required to protect the estate against mismanagement. The court may waive the bond only if all cash assets are deposited in an FDIC-insured account requiring court approval for any withdrawal. Professional, non-bank conservators can never have their bond waived.
• Detailed inventory: Filed within 90 days, listing all real and personal property, verified under oath. Interested parties must be notified within 14 days of filing.
• Annual accountings: Every dollar of income and every disbursement must be reported to the court annually through the Mississippi Electronic Courts (MEC) system.

Missing these deadlines can lead to removal as conservator and personal liability.

When a Conservator Needs Court Permission

A conservator cannot make certain financial moves without a separate Chancery Court order. The most common situation: establishing a Qualified Income Trust (Miller Trust) for a parent whose income exceeds the $2,982 monthly Medicaid cap. The conservator must petition the court for specific authorization, which adds weeks of delay and additional attorney fees during a period when the family may already be paying $6,000 or more per month in private-pay nursing home costs.

Avoiding Conservatorship Entirely

Every dollar spent on conservatorship could have been avoided with a $10 notary fee and a properly drafted durable power of attorney signed while your parent still had capacity. If your parent can still understand what they are signing, even on a good day, a voluntary POA is faster, cheaper, and private.

The Mississippi Power of Attorney & Guardianship Kit covers both paths — the voluntary POA process to avoid court entirely, and a detailed GAP Act filing guide for families who have already passed that window.

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