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Mississippi Code

Miss. Code Ann. § 35-5-5 (2026)

Petition for appointment of guardian

✓ current as of July 2026
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Whenever, pursuant to any laws of the United States or regulation of the bureau, the director requires, prior to payment of benefits, that a guardian be appointed for a ward, such appointment shall be made in the manner hereinafter provided.

A petition for the appointment of a guardian may be filed in any court of competent jurisdiction by or on behalf of any person who under existing law is entitled to priority of appointment. If there be no person so entitled or if the person so entitled shall neglect or refuse to file such a petition within thirty days after mailing of notice by the bureau to the last known address of such person indicating the necessity for the same, a petition for such appointment may be filed in any court of competent jurisdiction by or on behalf of any responsible person residing in this state.

The petition for appointment shall set forth the name, age, place of residence of the ward, the names and places of residence of the nearest relative, if known, and the fact that such ward is entitled to receive moneys payable by or through the bureau and shall set forth the amount of moneys then due and the amount of probable future payments.

The petition shall also set forth the name and address of the person or institution, if any, having actual custody of the ward.

In the case of a mentally incompetent ward the petition shall show that such ward has been rated incompetent on examination by the bureau in accordance with the laws and regulations governing the bureau.

Codes, 1930, §§ 7336, 7338; 1942, §§ 7494, 7496; Laws, 1930, ch. 204.

Notes of Decisions
Cited in 5 cases, 1984–2004 · leading case: USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002).
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USF&G CO. v. Conservatorship of Melson, 809 So. 2d 647 (Miss. 2002). · cites it 2× “§ 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans' Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss.”
Harvey v. Meador, 459 So. 2d 288 (Miss. 1984). · cites it 2× “§ 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans' Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss.”
Butler v. Brantley, 865 So. 2d 1126 (Miss. 2004). · cites it 2× “§ 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans’ Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss.”
Billy Butler v. Lee Girtha Brantley (Miss. 2001). · cites it 2× “§ 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans' Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss.”
United States Fid. & Guar. Co. v. Iris Althea Melson (Miss. 1999). · cites it 2× “§ 93-13-161 (1972); or for veterans entitled to receive moneys from United States Veterans' Bureau, Miss. Code Ann. § 35-5-5 (1972) or minor wards of a veteran, Miss.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.