Fill and Sign the Motion to Remove Conservator and to Set Aside Conservatorship or in the Alternative to Have Another Named as Conservator Form

IN THE CHANCERY COURT OF       COUNTY, MISSISSIPPI IN THE MATTER OF THE CONSERVATORSHIP OF       CIVIL ACTION NO .       MOTION TO REMOVE CONSERVATOR AND TO SET ASIDE CONSERVATORSHIP OR IN THE ALTERNATIVE TO HAVE       NAMED AS CONSERVATOR OF       COME NOW       ,       and       , and file this their Motion to Remove Conservator and to Set Aside Conservatorship or in the Alternative to have       named as Conservator of       and in support thereof would show unto the Court the following: 1. On or about       ,       ,       ,       and       ("       ") were served with a summons and Petition for Appointment of a Conservator over the person and estate of       . Through said summons, the             were notified that a hearing on the Petition would be held on       ,       . 2. The             acknowledge that the aforementioned service of process with regard to the hearing for Appointment of Conservator was proper in all respects and consequently, that this Honorable Court had proper jurisdiction over the             with respect to the initial Conservatorship Proceeding. 3. On or about       ,       , an Order was issued by this Court naming       as the Conservator of the Estate and Person of       . After offering bond and upon taking the Oath of Conservator, this Court issued Letters of Conservatorship to       ("       ") on or about       ,       . 4. The Ward in question,       , by his/her own choice, is currently residing in the home of       where he/she has resided since the death of his/her       .       has and continues to provide the daily care required by his/her       including, feeding him/her and insuring that he/she takes his/her medication properly. 5. While       has played a minor role in caring for the Ward, it is without question that       has taken on the role of the majority care provider. Further, in recent months, while       was in the process of moving to a different residence, the Ward in question did in fact reside with the Conservator, for a period of not more than a few weeks. After his/her relocation, the Ward,       , made it clear that he/she had no desire to remain in the home of the Conservator, but wished to return to live in       's care and residence as he/she had done all his/her life. 6. The             respectfully submit that the actions taken by       in having a Conservatorship established for the person and estate of       with himself/herself as Conservator were not taken in the best interest of       , but were instead motivated by greed and selfishness on the part of       . 7. As previously stated, during the last several years, as       increased in age and decreased in health,       , not       , has been the sole caretaker of       . The fact of the matter is that       , disgruntled over the fact that his/her       ,       , was able to sell certain property which he/she owned, individually, to       for a rather large sum of money, motivated Mr./Ms.       to take action to have the conservatorship established. 8. Through his/her actions in having the Conservatorship established,       has in fact wasted and continues to waste substantial assets of the Mr./Ms.       's estate by incurring attorneys fees which were wholly unnecessary due to the fact that Mr.       was, has been and is being cared for by       . 9. The             hereby seek to have       removed as Conservator of       pursuant to Miss. Code Ann. §93-13-267 (1972), as amended, and Miss. Code Ann. §93-13-23 (1972), as amended. Should the Court be of the opinion that a Conservatorship for       is necessary, the             seek to have       appointed, upon the offering of bond, as Conservator for said       . Respectfully submitted, this the       day of       ,       . _______________________________________       Attorney for       Of Counsel:                         Telephone:       MSB #       Attorney for       CERTIFICATE OF SERVICE I,       , one of the attorneys for the             , have this day served a true and correct copy of the above and foregoing Motion to Remove Conservator and to Set Aside Conservatorship or in the Alternative to       named as Conservator of       , via hand delivery to             ,       ,       ,       , MS       , (       )       . This the       day of       ,       . _______________________________