Mississippi establishes discretionary appointment of counsel for minors in guardianship matters

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04/16/2019, Legislation, Guardianship/Conservatorship of Children - Child (incomplete)

In 2019, the Mississippi legislature enacted SB 2828, to create the Mississippi Guardianship and Conservatorship Act.  Under the law, "A person interested in the welfare of a minor, including the minor, may petition for appointment of a guardian for the minor." Miss. Code Ann. § 93-20-202.  In such matters, the court is permitted to appoint counsel for the child.  Specifically, Miss. Code Ann. § 93-20-204 states:


The court may appoint an attorney to represent a minor who is the subject of a proceeding under Section 93-20-202 if:


(a) Requested by the minor who is fourteen (14) years of age or older;
(b) Recommended by a guardian ad litem; or
(c) The court determines the minor needs representation.


Appointment of Counsel: discretionary Qualified: no