{"id":374364,"date":"2016-03-31T21:35:43","date_gmt":"2016-04-01T02:35:43","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/mississippi-law\/mississippi-durable-power-of-attorney-laws.html"},"modified":"2021-04-16T00:00:00","modified_gmt":"2021-04-16T05:00:00","slug":"mississippi-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/mississippi-law\/mississippi-durable-power-of-attorney-laws.html","title":{"rendered":"Mississippi Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Mississippi Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

If we become incapacitated, who\u2019s going to take care of our bills or decide on our medical care? If we\u2019ve created a valid durable power of attorney, then the person we selected as our \u201cagent\u201d or \u201cattorney-in-fact\u201d is legally authorized to speak or act on our behalf. The two main types are the health care<\/a> and financial<\/a> power of attorneys.<\/p>\r\n

The financial power of attorney allows your appointed agent to do things like write checks, manage your stocks, or collect rent from your real estate on your behalf. This document can be effective immediately or only spring into action once you\u2019ve been determined by your doctors to be incapacitated, such as have dementia.<\/p>\r\n

Health Care Power of Attorney<\/h2>\r\n

A health care power of attorney allows your health care agent<\/a> to make decisions about your medical care if you become incapacitated. This is often created with or combined with a \u201cliving will<\/a>\u201d or advance health care directive that informs your doctor of the type of treatments you do or don\u2019t want, such as life support. Your health care agent can also consent to medical treatment for you, but shouldn\u2019t contradict your wishes, so be sure to talk to your assigned agent about what you want before catastrophe strikes. If you don\u2019t select an agent and draft this legal document, then a surrogate (usually a spouse, adult child, parent, or adult sibling) will have to be designated to make decisions on your behalf.<\/p>\r\n

Mississippi Health Care Power of Attorney Laws<\/h2>\r\n

Mississippi is one of a few states that adopted the Uniform Health-Care Decisions Act<\/a> that was approved by the Uniform Law Commission in 1993. This act regulates the creation or revocation of health care power of attorneys and how they are treated by medical professionals in Mississippi.<\/p>\r\n

The following chart contains the main Mississippi laws on health care durable power of attorneys.<\/p>\r\n\r\n
Code Sections<\/b><\/td>\r\nMississippi Code Title 41, Chapter 41, Sections 201 to 229: Uniform Health-Care Decisions Act<\/a><\/td>\r\n<\/tr>
Legal Requirements for Durable Power of Attorney<\/b><\/td>\r\nThe requirements for a valid durable power of attorney in Mississippi are:
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  1. Created by an adult or emancipated minor<\/li>\r\n
  2. In writing<\/li>\r\n
  3. Dated<\/li>\r\n
  4. Signed by the \u201cprincipal<\/a>\u201d or creator of the power of attorney or advance directive<\/li>\r\n
  5. Signed by two adult witnesses, at least one of whom isn\u2019t related to principal OR acknowledged by a notary public<\/li>\r\n
  6. Specifically authorizes the agent to make health care decisions<\/li>\r\n
  7. Should substantially follow the statutory form<\/li>\r\n<\/ol>\r\n

    Additionally, a copy of the written advance health care directive can be treated the same as the original.<\/p>\r\n<\/td>\r\n<\/tr>

Specific Powers of Agent and Life-Prolonging Acts<\/b><\/td>\r\nA health care agent can consent, refuse to consent, or withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individual’s physical or mental condition.<\/td>\r\n<\/tr>
Revocation of Durable Power of Attorney<\/b><\/td>\r\nUnless the document provides a shorter time, it shall be effective until revoked by principal. Durable power of attorneys are revocable at any time the principal has capacity to give the power of attorney for health care by notifying the attorney-in-fact<\/a> or healthcare provider in writing or by executing a subsequent valid durable power of attorney for health care that revokes the prior power of attorney.
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\r\nAlso, upon divorce<\/a> or legal separation, the former spouse is automatically revoked from being the health care agent.<\/td>\r\n<\/tr>
Validity of Out-of-State Power of Attorneys<\/b><\/td>\r\nAs long as valid under Mississippi law, a health care directive, including power of attorney, can be created in another state.<\/td>\r\n<\/tr>
If Physician Unwilling to Follow Durable Power of Attorney<\/b><\/td>\r\nThe doctor must promptly inform the patient or agent of his or her refusal to follow the patient or agent\u2019s wishes. Then, the doctor must assist the patient in being transferred to another institution or doctor who can follow the requests.<\/td>\r\n<\/tr>
Immunity for Attending Physician<\/b><\/td>\r\nIf a doctor relies in good faith on a health care decision by an agent with a health care directive, then the doctor isn\u2019t subject to civil, criminal, or professional responsibility<\/a> for his or her actions.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

You can create your own power of attorney for healthcare on your own using an online sample form<\/a> or the Mississippi statutory form. If you need help drafting a durable power of attorney or other end-of-life planning documents, such as living wills, wills<\/a>, or trusts, you should consult with an experienced Mississippi estate planning attorney<\/a>.<\/p>\r\n

Note:<\/i><\/b> State laws are updated regularly, you should verify these health care laws by conducting your own legal research or asking a lawyer.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n