Mississippi Advance Directive Form [PDF]

An advance directive in Mississippi is a crucial legal document for advance care planning. It allows individuals to outline their medical preferences that should be followed in case they become incapacitated and unable to make their own decisions regarding the matter.

This document includes a living will, which provides specific instructions for medical treatment in various situations. It can also incorporate a durable power of attorney for health care (medical power of attorney), which allows individuals to appoint a trusted person to make medical decisions on their behalf.

By creating an advance health care directive, individuals ensure their medical care choices are clearly documented in the event of future incapacity.

Signing Requirements for Mississippi Advance Health Care Directive

The fulfillment of the signing requirements for an advance health care directive stated in Section 41-41-409 of the Mississippi Code ensures that the advance directive is valid and accurately reflects the individual's intentions. These requirements include the following:

Signing Requirements for Mississippi

Signature. The individual creating the health care advance directive must sign and date the document.
Witnesses. The form must be witnessed by two individuals who are not related to the person executing the directive. Additionally, witnesses should not be the individual's health care providers or employees of an institution where they are receiving care.
Alternate methods. The advance health care directive can be notarized instead of requiring witnesses.

Mississippi Advance Health Care Directive Revocation & Changing

Mississippi advance directive becomes effective when the principal is determined to no longer have the mental or physical ability to make their own health care decisions. This determination is usually made by the principal’s primary doctor. However, if the advance directive specifies a different time or condition, that will control when it becomes effective.

According to Section 41-41-207, the principal can revoke either an advance directive for health care or the designation of an agent in several ways:

Directive Revocation and Changes

The principal can revoke the designation of an agent by providing signed written statements or directly informing the health care provider.
The principal can revoke other parts of the advance directive form, such as specific health care instructions, at any time in a manner that clearly shows an intent to revoke.
If the principal goes through a divorce or legal separation, the designation of a spouse as the agent is automatically revoked unless otherwise specified in the divorce decree or the advance directive.
If a new advance directive conflicts with the old one, the newer directive will override the older one, but only in parts where they disagree.

Additional Legal Considerations for Mississippi Advance Health Care Directive

As Section 41-41-211 specifies, a surrogate can make health care decisions if an adult is unable to do so and no agent or guardian is available. The principal can choose a surrogate by informing their health care provider about their choice. If no surrogate is designated, the law prioritizes family members.

Additionally, if no family is available, a close adult who knows the patient’s values and has shown care may act as the surrogate.

According to Section 41-41-225, copies of a health care advance directive or revocation of an advance directive have the same effect as originals.

Section 41-41-229 states that a patient, their agent, guardian, surrogate, health care provider, or family member can petition the court if there is a disagreement or issue regarding the patient’s care. Then, the court can step in to enforce or block a health care decision or provide other appropriate solutions.

How to Choose a Health Care Agent in Mississippi

When choosing a Mississippi health care proxy, you should pick a person of trust who will follow any specific instruction you’ve provided and act in your best interest if your wishes are unknown. They should also understand your personal values and medical care preferences.

Legally, the agent must be at least 18 years old and of sound mind, and they cannot be your health care provider or an employee of the facility where you receive care unless they are related to you by blood, marriage, or adoption.

What Happens if You Don’t Have an Advance Directive in Mississippi?

Without an advance directive in Mississippi, there will be no clear instructions regarding your medical care.

This situation can lead to confusion and potential conflict among your loved ones—family or close friends—who will be responsible for making health care decisions on your behalf if you cannot communicate your wishes.

Therefore, having an advance directive will clearly outline your preferences and prevent misunderstanding during difficult times.