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  1. #1

    Default Can a Minor Move to Another State at Age 18

    My question involves guardianship in the State of: Mississippi Mississippi custody laws... My brother has been living with my aunt for years and we have always known how bad it was up there but could never act on it. My mom became an addict around 12 years ago and my aunt got custody of my brother and my other aunt (the good aunt) got custody of me. I am 28 now and my brother is 17. We are half brothers (different dads) and his dad died and he gets social security from that but he does not see it. There are 5 unemployed adults living there with 4 kids, including my little brother. He turns 18 in January 2015 and we have done some research and need some of the following question answered if anyone has knowledge. 1) We have read that he cant "legally" leave until he is 21 but my aunt has temporary guardianship I believe (assume full) and is not the actual mom or dad is that true? 2) He is planning to attend LSU when he graduates in a few months and if so can we go to the DMV and get him an ID using my address? Our mom has been clean for 7 years now, just bought a house and has her life completely turned around and this is where the true problems lies... She asked for guardianship of my little brother but ever since our mom has been clean she, up until a year or so ago, wouldnt let her see him and thinks of him as a burden that my mom put on her,and to kind of stick it to her, kept her from him. These are one of those situations where they make a lifetime movie out of because he was told us she makes him do everything for them and has put hands on him and not the spanking type. Something has to give! He also got $15,000+ dollars from a life insurance from his dad that is in a trust until he is 18... Can they touch that? Any information helps as we only have a little time left to make a move.

  2. #2
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    Default Re: Can a Minor Move to Another State at Age 18

    Per statute,
    Quote Quoting Mississippi Statutes, Sec. 93-13-75. When guardianship to cease
    The powers and duties of every guardian of a minor over the person and estate of the ward shall cease and determine when the ward shall arrive at the age of twenty-one (21) years, or, in the discretion of the chancellor, may cease and determine when the ward shall arrive at the age of eighteen (18) years. And the powers and duties of every guardian of the estate of a minor, person of unsound mind, or convict of felony, may also cease and determine on the approval of the chancery court or of the chancellor in vacation, when the funds and personal property, either or both, of the ward do not exceed the sum or value of Two Thousand Dollars ($ 2,000.00) and there is no prospect of further receipts to come into the hands of the guardian; provided that the court or chancellor, on the approval of the final account of such guardian, shall have power to require the property of such minor or adult incompetent, to be delivered to him or to some person, or bank for him, under such conditions and restrictions as the court or chancellor may impose; and compliance by the guardian with such order shall acquit him and his sureties. Any person or bank who under such an order or decree shall receive the money or property of a person under such disability shall thereby become amenable to the court for the proper disposition of it for the use and benefit of such incompetent; but shall not be required to give security therefor unless the court or chancellor shall so order. In either event the guardian shall forthwith deliver to the ward, or to such person or bank as the court or chancellor may designate, as the case may be, all the property of every description of the ward in his hands, and on failure, shall be liable to an action on his bond.
    Your brother should check to see if the guardianship ends when he turns 18, or if he needs to bring a motion to terminate the guardianship at that time. If he leaves the state, assuming there are no questions of developmental disability or similar impairment, no other state is going to make him return to Mississippi but it's possible that his guardians will continue to have control over his finances.

  3. #3
    Join Date
    Jun 2014
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    Default Re: Can a Minor Move to Another State at Age 18

    The benefits he receives from his deceased father will stop either when he turns 18 or when he graduates from high school. If he will graduated from high school after he turns 18, it will end when he graduates. If he graduates before he turns 18, it will end when he turns 18. If he is still receiving benefits when he reachs 18, the checks should come in his name. SSA will also want proof that he is still attending high school with a graduation date from his school.

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