Mississippi has passed legislation recognizing supported decision-making as an auxiliary aid and service for people with disabilities who need organ transplants and other anatomical gifts. Mississippi has not codified SDM as a less restrictive alternative to guardianship, and there is no pending legislation to do so. We are not aware of any case law denying initial petitions for guardianship (or terminating existing guardianships) in favor of supported decision-making

Guardianship Laws

  • Miss. Code. Ann. §§ 93-14-101 to 504 (Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act); §§ 93-20-101 to –20-125 (Guardianship and Conservatorship; General Provisions); §§ 93-20-301 to –20-318 (Guardianship of an Adult); §§ 93-20-401 to –20-431 (Conservatorship)

Supported Decision-Making

State Legislation

    • H.B. 20, Reg. Sess. (Miss. 2022): https://legiscan.com/MS/bill/HB20/2022
      • Description: This bill prohibits discrimination on the basis of disability in organ transplantation and anatomical gifts by recognizing SDM, among other things, as an auxiliary aid and service for patients with disabilities.
      • Status: Passed; approved by Governor

None found

  • H.B. 414, Reg. Sess. (MS. 2020)
    • Description: Bill would have prohibited discrimination against recipients of an anatomical gift or organ transplant based on disability
    • Status: Failed, died in Senate committee 6/09/2020
    • Public Link: billstatus.ls.state.ms.us/2020/pdf/history/HB/HB0414.xml
  • Mississippi HB191 – 2021, Reg. Sess.
    • Description: To prohibit discrimination against persons with disabilities in regards to organ transplants. Later reintroduced and passed as H.B. 20 (2022).
    • Status: Failed 02/02/2021 Died in Committee
    • Public link [https://legiscan.com/MS/bill/HB191/2021]
    • Earlier version:
      • H.B. 414, Reg. Sess. (Miss. 2020): https://legiscan.com/MS/bill/HB414/2020
      • Status: Failed on 6/9/2020

Case Law & Court Orders

None found

State Grant Programs

  • 2018/2019 State Grantee: The Arc of Mississippi (www.arcms.org)
    • Summary: This project, led by The Arc of Mississippi, focused on the school-to-adult transition population of students with disabilities to educate them, their families, and teachers about alternatives to guardianship, including Supported Decision-Making.  The project developed a toolkit that explains alternatives to guardianship and the difference between substituted and supported decision-making.  The toolkit explains how less restrictive options can and should be considered before filing for a court-appointed guardianship.  It provides legal definitions in easy to understand terms, case scenarios for clarity, and resources for accessing legal services should they be needed.  The project worked with its local chapters and with the Mississippi Parent Training and Information Center (“MSPTI”) to conduct webinars and disseminate the toolkits.  It included active involvement by people with intellectual and developmental disabilities.
    • Final Report
    • Arc MS Supported Decision-Making Transition Toolkit
      Dop Box Link: [www.dropbox.com/sh/oom8du5c7u6dw6g/AACMQZq427zIIiwPF_SaN5Kqa?dl=0]
    • Contact: Kim Duffy, Managing Attorney, Supported Decision-Making Program, The Arc of Mississippi, kim@arcms.org, 601-355-0220

Other Resources

  • Mississippi WINGS Committee 2016 Report —  Goals of the group include to: (1) simplify and clarify the structure and substance of the current guardianship and conservatorship statutes; (2) revise the guardianship and conservatorship statutes to satisfy constitutional, procedural requirements; (3) focus on the person and the estate; (4) support decision-making by requiring courts to consider less restrictive alternatives; (5) prepare guardians and conservators to serve as decision makers; (6) use technology to uniformly and systematically keep track of guardianships and conservatorships and to monitor the ongoing performance of those who are appointed; (7) rethink the requirement that all guardians and conservators retain counsel; (8) provide guardians for the poor; and (9) build awareness, gain momentum, and find consensus.
  • Website: Information on its Supported Decision-Making Initiative
    Source: The Arc of Mississippi provides
    Link: www.arcms.org/supported-decision-making
  • Presentation on the Arc of Mississippi’s Supported Decision-Making Pilot Program
    Link: msmegaconference.org/yahoo_site_admin/assets/docs/18_SupportedDecisionMakingPresentation.140105612.pdf

Information Last Updated: July 21, 2022