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Mississippi Code

Miss. Code Ann. § 35-5-7 (2026)

Evidence of necessity for appointment of guardian of minor

✓ current as of July 2026
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Where a petition is filed for the appointment of a guardian of a minor ward, a certificate of the director, or his representative, setting forth the age of such minor as shown by the records of the bureau and the fact that the appointment of a guardian is a condition precedent to the payment of any moneys due the minor by the bureau, shall be prima facie evidence of the necessity for such appointment.

Codes, 1930, § 7339; 1942, § 7497; 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× “§ 35-5-5 (1972) or minor wards of a veteran, Miss.Code Ann. § 35-5-7 (1972). The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction.”
Harvey v. Meador, 459 So. 2d 288 (Miss. 1984). · cites it 2× “§ 35-5-5 (1972) or minor wards of a veteran, Miss. Code Ann. § 35-5-7 (1972). [2] The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction.”
Butler v. Brantley, 865 So. 2d 1126 (Miss. 2004). “§ 35-5-7 (1972). The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction.”
Billy Butler v. Lee Girtha Brantley (Miss. 2001). · cites it 2× “§ 35-5-5 (1972) or minor wards of a veteran, Miss. Code Ann. § 35-5-7 (1972). The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction.”
United States Fid. & Guar. Co. v. Iris Althea Melson (Miss. 1999). · cites it 2× “The guardian is the legally recognized custodian of the person or property of another with prescribed fiduciary duties and responsibilities under court authority and direction. A ward under guardianship is under a legal disability or is adjudged incompetent.”
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