Medical Power of Attorney in Mississippi

Mississippi uses a 'power of attorney for health care,' which may let the agent make any health-care decision the principal could make and stays in effect after the principal loses capacity. It must be in writing, dated and signed by the principal, and either (1) signed by two witnesses who declare under penalty of perjury that they know the principal, saw the signing or acknowledgment, the principal appears of sound mind and free of duress, and they are not the agent or a health-care provider or provider employee (at least one must also be unrelated to the principal and not entitled to any part of the estate), or (2) acknowledged before a notary. Unless related to the principal, the agent may not be an owner, operator or employee of a residential long-term care institution where the principal receives care.

An adult or emancipated minor may sign a health care power of attorney or advance health-care directive. It must be in writing, dated, and signed, and either (1) witnessed by two adults who declare under penalty of perjury that the principal appears of sound mind and free of duress (neither may be the agent, a health-care provider, or an employee of a provider or facility, and at least one may not be related to the principal or entitled to any part of the estate), or (2) acknowledged before a Mississippi notary. Mississippi provides an optional statutory Advance Health Care Directive form.

Mississippi follows the Uniform Health-Care Decisions Act. An adult or emancipated minor may give an 'individual instruction' about their health care, including end-of-life treatment; it may be oral or written and may be limited to take effect only if a specified condition arises. Mississippi provides an optional statutory Advance Health Care Directive form that combines instructions and the naming of an agent. A written directive is dated and signed, and either witnessed by two qualified adults or acknowledged before a notary.