Experienced Lawyer Handling Conservatorships in Mississippi
In cases where your loved one is not only in need of acute drug, alcohol, or psychiatric treatment, but may also be in need of long-term care, such as placement in a nursing home facility, etc., which they are unable or unwilling to receive, or when you feel that he/she is frivolously wasting his/her money or property, it may be necessary for you to establish a conservatorship over him/her. A conservatorship is a tool used to assist persons who, by reason of advanced age, physical incapacity, or mental weakness, are incapable of managing their own estates or their own persons.
If you are seeking answers to questions about conservatorships, turn to me, attorney James D. Franks. At my Hernando, Mississippi, office, I am able to handle the establishment of a conservatorship for an individual that has been involuntarily committed to an institution in order to treat his or her alcohol and drug problems or psychiatric conditions. My firm only handles conservatorships as they relate to an involuntary commitment. To learn more about conservatorships, contact my office today.
If a conservatorship is warranted, a petition will be filed with the Chancery Clerk indicating the need for a conservator. The petition shall be accompanied by certificates of two (2) physicians or one (1) physician and one (1) psychologist, indicating that said physicians have made a personal examination of your loved one and that he/she is unable to manage his/her own affairs due to advanced age, physical incapacity, or mental weakness. The petition shall also be accompanied by an accounting of the estate of your loved one, and bond is usually required to be posted by you in an amount sufficient to protect the assets of your loved one's estate.
A hearing will be held at which the Chancery Court will determine whether the evidence is sufficient to establish a conservatorship, and whether you should be given charge of the estate of your loved one or custody of your loved one or both. Once a conservatorship is established, you are vested with the same duties, powers, and responsibilities as conferred upon a guardian of a minor, including the duty to file annual accountings with the Chancery Court. Failure to file annual accountings as required is grounds for your removal as conservator of your loved one. It is within the Chancery Court's discretion to compensate you for your services and reasonable expenses incurred as conservator, including attorney's fees.
Conservatorships may be terminated by order of the Court when your loved one has been restored in mind or body, and is automatically terminated upon the death of your loved one.
Contact Me
Get in touch with a knowledgeable conservatorship lawyer who can help you navigate this complex matter. I provide comprehensive advice, information, and guidance to my clients throughout northern Mississippi.
James D. Franks
Attorney at Law
2584 Highway 51 S., P.O. Box 545
Hernando, MS 38632
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Phone: 662-429-5914
Fax: 662-429-1591
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