Due Process is Not Optional: Mississippi Conservatorship Proceedings Fall Short on Basic Due Process Protections for Elderly and Disabled Adults

Abstract

The basic civil rights of elderly and disabled adults are at risk of being violated by the very state court procedures that are supposed to protect these adults from abuse and neglect. Modifications of Mississippi law, including the adoption of a clear evidentiary standard, minimum notice and pleading requirements, separate consideration of the protections needed for financial management and personal decision making, and requiring the use of less restrictive alternatives than full appointments can achieve the dual goals of protecting vulnerable adults from abuse and neglect and protecting their fundamental civil rights.

Keywords: civil rights, elderly, disabled, abuse, neglect, protective proceedings, guardianship, conservatorship, clear and convincing, evidence, pleading, notice, decision making, decisionmaking, decision-making, less restrictive alternatives, supported decision making, vulnerable adult, court, procedures