A Mississippi (MS) medical power of attorney (MPOA) is a legal form that lets you appoint another individual to make healthcare decisions on your behalf should you become incapacitated. The person you choose, called your agent, must make decisions based on your wishes and in your best interest.
In Mississippi, a medical power of attorney can also be called a:
- Mississippi Health Care Power of Attorney
- Mississippi Medical POA
Laws: Title 41, Chapter 41, Sections 203-229 of the Mississippi Code govern medical powers of attorney in Mississippi.
The following documents are often created alongside a medical power of attorney:
- Living Will: A Mississippi living will (also known as an advance healthcare directive) lets you describe your healthcare wishes in case you become incapacitated. Your doctor and MPOA agent are required to follow the instructions you leave in your living will.
- Mississippi Financial Power of Attorney: A Financial Power of Attorney lets you authorize a trusted person to handle certain aspects of your financial affairs. You can decide if this power of attorney is effective all the time or under specific circumstances (like if you’re incapacitated).
How to Fill in a Medical Power of Attorney in Mississippi
Take these steps to ensure your medical power of attorney is filled out according to MS Code §41-41-203 to §41-41-229:
Step 1: Choose an agent
Your agent is the person who will step in to make decisions about your health care if you become incapacitated and can’t communicate.
Who should you choose as an agent?
You can appoint any adult or emancipated minor as your agent, but it’s best to choose someone who understands your personal values in case your instructions in the MPOA document don’t specifically address a decision they need to make on your behalf.
Relevant law: MS Code §41-41-205
Who can’t be your agent?
You can’t select an employer, owner, or operator of the healthcare facility where you’re receiving treatment to be your agent unless you’re related to them by blood, marriage, or adoption.
Relevant law: MS Code §41-41-205
Can you have more than one agent?
You can appoint one or more alternate agents to take over in case your primary agent is unable to serve for any reason.
Relevant law: MS Code §41-41-205
Step 2: Specify what healthcare decisions your agent can make
As you fill out your MS medical POA, think about any restrictions you want to place on your healthcare agent’s powers and responsibilities.
Can you limit your agent’s powers?
Yes, you can decide what decisions your agent can make on your behalf and write your directions in the MPOA document. If you don’t limit your agent’s powers, they’ll have the right to make any medical decision you would normally make yourself (if you become incapacitated).
Examples of actions your MPOA agent could take include:
- Decide on organ and tissue donation
- Withdraw or withhold artificial nutrition and hydration
- Access your medical records
- Choose which medicines and treatments you receive
Relevant law: MS Code §41-41-209
What is your agent legally unable to do?
Your agent can’t make any healthcare decisions that are not in your best interest, or that go against the terms of the medical power of attorney (or another advance directive for health care).
Relevant law: MS Code §41-41-209
When can your agent start making decisions for you?
Generally, your agent can begin making medical decisions for you once you become incapacitated. If you wish, you can allow your agent to start making decisions for you immediately or under different conditions by including your directions in the MPOA document.
Relevant law: MS Code §41-41-205
Step 3: Sign the form
Sign your MPOA according to the following requirements to make sure it’s legally binding in MS:
Do you need a witness or notary signature?
You must sign your MPOA in the presence of one of the following:
- Two adult witnesses who can confirm you’re of sound mind and signing willingly
- A notary public
Relevant law: MS Code §41-41-205
Who can’t be a witness?
Your witnesses can’t be:
- Your healthcare provider or their employee
- Your agent
- An operator, owner, or employee of the facility where you’re receiving treatment
Additionally, one of your witnesses must be someone who’s neither:
- Related to you by adoption, blood, or marriage, nor
- Someone who will inherit from you after your death
Relevant law: MS Code §41-41-205
How long is your Mississippi power of attorney effective?
Your Mississippi medical power of attorney becomes effective after a doctor has determined that you’re incapacitated. The form is no longer effective once you regain capacity.
Relevant law: MS Code §41-41-205
How to Revoke a Mississippi Medical Power of Attorney
You can take any of the following actions to revoke your medical power of attorney in Mississippi:
- Notify your healthcare provider in person or in writing
- Create a new medical power of attorney, canceling the previous version
- Create a written revocation of power of attorney form
- Any other method that shows clear intent to revoke
Additionally, if your spouse is your agent, filing for a divorce or legal separation will automatically revoke their powers unless otherwise stated in the medical power of attorney document.
Relevant law: MS Code §41-41-207