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A Mississippi living will is a document used to memorialize how you want your own health care decisions made in the event that you are incapacitated. The decisions you make can be related to topics such as artificial nutrition and hydration, medical procedures, surgical procedures, cardiopulmonary resuscitation (also known as a do not resuscitate order), etc. It is a legal document governed by the Mississippi code. A Mississippi living will is commonly referred to as a Mississippi advance health-care directive or an advance directive form.
This document also allows you to appoint someone to make decisions on your behalf if you cannot make your own medical decisions; this is known as the agent's authority. This person is referred to as your health care agent. You can also appoint an alternate agent. State law restricts who can be your agent. A Mississippi living will must be signed by two witnesses or must be notarized. Witnesses cannot be under the age of 18, your named agent, your healthcare provider, or an employee of a healthcare facility.
The purpose of a living will is to make your wishes known and to make difficult decisions easier on your family members. It is an estate planning tool that provides individual instruction to your agent. However, it is not the same as a power of attorney, power of attorney for health care, or durable power of attorney. To learn more about the use of a power of attorney, you should seek legal advice.
§ 41-41-201 through § 41-41-229: A living will, or advance healthcare directive, can be created by an adult who has the legal capacity to do so or an emancipated minor who meets certain requirements under the law. The document must be notarized.
Another important document to prepare in addition to this one is a Mississippi last will and testament.
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