A recent Mississippi guardianship case demonstrates the importance of following the statutory requirement of providing notice to at least two relatives of the ward.
The case, which was brought in Newton County, involved a petition by Nelson for conservatorship of Lewis. Nelson claimed that Lewis suffered from physical and mental weakness and that unidentified persons had attempted to loot his estate.
Nelson’s petition for appointment of a conservator included the names of two family members. But a dispute arose about the validity of a power of attorney that Lewis had given to other family members (like a conservatorship, a guardianship will trump a power of attorney).
There was a trial over the effect that the conservatorship petition had on the power of attorney. The result was an agreed order establishing a guardianship (instead of a conservatorship). There was no evidence that any family members were actually notified of or present at the guardianship hearing.
Lewis later decided to object to the guardianship. The case eventually reached the Court of Appeals, which reversed the guardianship. The Court held that the lack of evidence that any of Lewis’ relatives were notified as required by law was fatal to the guardianship.
In my experience, the requirement of relative notification is not always followed. A judge event asked me once what the two relatives have to do with anything when he saw them referenced in a guardianship I was handling. But this case reiterates the importance of notifying relatives of the guardianship proceeding.
In re Guardianship of Lewis, 2009-CA-00956-COA (Oct. 5, 2010)
About Jeramie Fortenberry
