How is a guardianship or conservatorship established?
A. A petition is submitted to the court requesting that the petitioner, or another person, be appointed as conservator or guardian. The person who would become the protected person must be given notice of the proceeding and has the right to be represented by an attorney. The person filing the case must show clear and convincing evidence that a guardianship or conservatorship is needed.
Any person may petition for the appointment of a guardian or conservator. MS 524.5-303. A petition requesting appointment is filed in the probate court of the county of residence of the proposed ward or protected person. The court will appoint an attorney to represent the proposed ward or protected person if neither the proposed ward or protected person or others provide counsel. MS 524.5-304 (b); 524.5-406 (b). A court hearing is required and notice of it must be served at least 14 days before the hearing personally upon the proposed ward or protected person and by mail upon the spouse, parents, adult children, brothers and sisters, health care agent or proxy pursuant to a health care directive or living will, or if none of the aforementioned are alive or can be located, on the nearest kindred, the administrative head of any hospital, nursing home, or home care agency of which the person is a patient, resident, or client, any adult who has lived with the ward or protected person for m
