Young children and persons of unsound mind are disabled under the law of Mississippi to act on behalf of themselves. The chancery court is the protector of their rights.
A Guardian is a legally recognized custodian of the property and person of another. This guardian will have fiduciary duties under court authority and direction. One of the most commons types of guardianship is when the parent is sick or passes away and a legal guardian is needed to provide and take care of the children.
A guardianship may be established for: minors, persons in need of mental treatment, incompetent adults, person of unsound mind, alcoholics or drug addicts, persons in the armed forces reported as missing, veterans and minor wards of a veteran.
In a guardianship of a minor, it is presumed that the natural parents are the naturally preferred guardians of the child. It is presumed that the best interests of a child are best served by remaining with its natural parent; however, in order to overcome said presumption there has to be a clear showing that a parent has (1) abandoned the child, or (2) the conduct of the parent is so immoral as to be detrimental to the child, or (3) the parent is somehow mentally of otherwise unfit to take care of and have custody of her or his child.
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