How Do I Name a Guardian for My Minor Children in Mississippi?

See how a parent names a guardian for their minor children in Mississippi, what weight the court gives your choice, and your options for temporary care.

Frequently Asked Questions

In Mississippi, a parent names a guardian for a minor child in a will or a separate signed writing (Miss. Code §§ 93-20-201, 93-20-206). It needs your signature. You can record it alongside the rest of your estate plan when you create a revocable living trust.

When a parent has named a guardian, the court appoints the guardian the parent named unless someone shows a statutory ground to disqualify them (Miss. Code §§ 93-20-201, 93-20-206).

Yes. Mississippi recognizes a separate signed declaration naming a guardian, so you do not need a full will. A will remains the standard place to do it.

No. Mississippi has no non-court document for delegating a parent's authority over a minor; a court guardianship is the route.

In Mississippi, a child 14 or older may choose their guardian, subject to the court's approval (Miss. Code § 93-20-206(2)(c)).

Mississippi uses a best-interest and suitability standard rather than a fixed list — the court can decline anyone it finds unsuitable to serve. (Miss. Code §§ 93-20-201, 93-20-206)

Mississippi Estate Planning Resources

In-depth guides covering Mississippi probate laws, trust requirements, and estate planning strategies.