A living will is a type of advance healthcare directive (“advance directive“) that you can use to specify your treatment preferences on a variety of issues. You will need to state your preferences on such treatments as artificial hydration and nutrition, the withdrawal of life-sustaining treatment, as well as pain management. These decisions can be difficult to make, and unpleasant to consider. But it can give you peace of mind to know that you have made your choices known in advance. If you have any trouble deciding on these difficult medical issues, it may be helpful to discuss them with a trusted doctor or your loved ones.

Under Mississippi’s Uniform Health-Care Decisions Act, you have the option of naming a healthcare agent. A healthcare agent is a trusted person you choose to make healthcare decisions for you. You can choose whether you would want them to be able to make these decisions immediately, or only in the event that you become unable to give informed consent. The legal document you use to make this decision is called a power of attorney for health care (a “POA”). This is another type of advance directive, in addition to a living will.

When choosing a healthcare agent, you should consider whether this person understands your treatment preferences and end-of-life decisions. Think about whether they would be willing to advocate for your choices to your medical staff and other family members. It’s also good to consider your healthcare agent’s proximity, and whether they will be able to be at your side within a reasonable time. Many people choose a loved one, like a spouse, adult child, or sibling for this role.

Before finalizing your choice of healthcare agent, you should talk to this person and make sure they consent to this responsibility. It’s a good idea to list alternate agents too, just in case your first choice becomes unable or unwilling to perform this task.

To validate your living will, you should sign and date it in the presence of two adult witnesses or a notary public.

If your living will includes a power of attorney document, you must be careful to follow the signing requirements carefully. You must sign and date the document and you must fulfill the witnessing requirement. To meet the witnessing requirement, you can either:

• Sign your document in front of two adult witnesses who must also sign; or
• Sign in front of a notary public, who then certifies the document

If you choose the first option, the witnesses to your POA must make a legal declaration as part of their witnessing duties. In this declaration, they must state that you are of sound mind, that you signed in their presence, and that they are not your health care provider or an employee of your health care provider. Further, one of the witnesses must declare that they are not related to you and do not stand to inherit from you.

Although Mississippi law technically allows for oral living wills, it is a better plan to properly sign your document. This will help to eliminate any doubt about your wishes and add legitimacy to the document. Further, it creates a record that your loved ones, your healthcare agent, and medical staff can reference. Due to the strict requirements on witnesses, you may find it easier to notarize your document than to gather witnesses.

After you sign your living will, you need to make sure that it gets into the right hands. You should provide your healthcare agent with a copy so that they understand your treatment preferences. Make sure to give another copy to your loved ones in case they ever accompany you on a medical emergency. Finally, you should give your living will to your health care providers so that they can enter it into your medical record.

It’s a good policy to review your estate plan (including your advance directives) from time to time. You should look over your advance directives every few years at least. You may need to update them sooner if you have gone through a significant change in your life. For instance, after a divorce, you may need to change your healthcare agent. If you have moved, you should update your living will to comply with state law. A new medical diagnosis or advancements in medical technology may also cause you to change your mind about your selections.