Living Will Laws - Mississippi

State Website: www.lexisnexis.com/hottopics/mscode/

State Law Reference: Mississippi Code Annotated.

Living Will Form: Instructions for Health Care serves as Living Will (Section 41-41-209).

Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Sections 41-39-31+).

Living Will Effective: In the event that you have an incurable and irreversible condition that will result in death within a relatively short time, become unconscious and, to a reasonable degree of medical certainty, will not regain consciousness, or the likely risks and burdens of treatment would outweigh the expected benefits. (Section 41-41-209).

Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) witnesses eighteen (18) years or older or a notary public. A witness cannot be the person whom you appointed as your agent, health care provider, or an employee of your health care provider. At least one (1) witness cannot be related to you by blood or marriage or entitled to your estate upon your death. (Section 41-41-209).

Advance Health Care Directive: State-specific form is provided by legislature and is available on the site. (Section 41-41-209).

Durable Health Care Power of Attorney: Agent may consent, refuse consent, or withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition; may include decisions after death such as anatomical gift, autopsy, etc. Does not affect health care treatment in an emergency. Unless the document provides a shorter time, it shall be effective until revoked by principal. Durable power of attorney revocable at any time the principal has capacity to give a durable power of attorney for health care by notifying the attorney-in-fact in writing or notifying the health care provider in writing or by executing subsequent valid durable power of attorney for health care (revokes prior durable power of attorney for health care). No civil, criminal, or professional responsibility if health care provider relies in good faith on health care decision. State-specific form is part of Advance Health Care Directive. (Section 41-41-209). Follow signature, witness, and notary requirements as noted on form.

Durable Financial Power of Attorney: No state-specific form provided by legislature. (Sections 87-3-105). Follow signature, witness, and notary requirements as noted on form.