Medical power of attorney in Mississippi: how it works, how to sign
The short answer
In Mississippi, a power of attorney for health care names someone to make medical decisions when you can't. It must be dated and signed, then notarized or signed before two qualified witnesses. If you name nobody, the law turns to your spouse, adult children, parents, siblings, then a close friend.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
Mississippi calls the document a "power of attorney for health care," and it is part of an "advance health-care directive." This page covers how to sign one, who can't be your witness, how written wishes fit in, and what happens if you name nobody. It is part of our state-by-state estate planning guides. For the basics of the role, see what a medical power of attorney is.
How do I sign a power of attorney for health care in Mississippi?
Mississippi uses the Uniform Health-Care Decisions Act. The document must be in writing, dated and signed by you (Miss. Code Ann. 41-41-205 and 41-41-209).
Then it needs one of these:
- A notary, who takes your acknowledgment, or
- Two witnesses, who each declare under penalty of perjury that they know you personally, that you signed or acknowledged it in their presence, and that you appear of sound mind and free of duress, fraud or undue influence.
That is different from Mississippi's financial power of attorney, which has its own, older rules. Our Mississippi power of attorney guide covers that document.
Mississippi publishes an optional "Advance Health Care Directive" form. Part 1 names your health care agent, Part 2 holds your instructions, and there is a place to name your primary physician. You don't have to use it.
Who can't be my witness?
Some people are ruled out if you use witnesses instead of a notary (Miss. Code Ann. 41-41-205).
| Person | Can be a witness? |
|---|---|
| The person you name as your health care agent | No |
| A health care provider | No |
| An employee of a health care provider or facility | No |
| A relative by blood, marriage or adoption | Yes, if the other witness is neither a relative nor an heir |
| Someone who would inherit from you, by will or by law | Yes, if the other witness is neither a relative nor an heir |
| A friend or neighbor who is none of the above | Yes |
The rule in plain words: at least one of your two witnesses must be someone who is not related to you and won't inherit from you. The easiest path for most people is a notary.
Who can I name as my agent?
Almost anyone you trust. One limit: an owner, operator or employee of a residential long-term care facility where you are receiving care can't be your agent, unless related to you (Miss. Code Ann. 41-41-205).
Your agent's authority starts when your primary physician decides you can't make your own decisions, unless your document says otherwise.
Your agent is a fiduciary: legally required to act in your interest and follow what you wrote. In daily terms, that means talking with your doctors, reading your chart, and saying yes or no to a test, a surgery or a new medicine in light of your wishes.
Do I need a living will too?
Mississippi has no separate living will law. Instead, your wishes about treatment go into the same advance directive as "individual instructions," in Part 2 of the state form (Miss. Code Ann. 41-41-205).
An instruction can be written or spoken, and it can depend on a situation you describe. When you write it into the directive along with your agent, the signing rules above apply to the whole thing.
Naming a person and writing down your wishes work best together. The person isn't left guessing. Our post on health care power of attorney vs living will explains how the two fit, and treatment preferences helps you think through what to write.
Who decides if I haven't named anyone?
Mississippi law picks for you. When your primary physician decides you lack capacity and there is no agent or guardian available, a surrogate may decide (Miss. Code Ann. 41-41-211).
There is one shortcut first. You can name a surrogate simply by telling your supervising health care provider who it should be. Otherwise, the law goes down this list, to the first person reasonably available:
| Order | Who | Notes |
|---|---|---|
| 1 | Your spouse | Not if you are legally separated |
| 2 | An adult child | If several disagree, the provider follows the majority who spoke up |
| 3 | A parent | |
| 4 | An adult brother or sister | |
| 5 | A close friend | An adult who has shown special care and concern for you, knows your values, and is reasonably available |
If a group is evenly split, that group and everyone below it are passed over. The surrogate must follow your instructions and known wishes, and otherwise your best interest.
Notice who is missing. Grandchildren, nieces, nephews and cousins are not on the list at all. A close friend can serve, but only after every spouse, child, parent and sibling.
You can also keep someone out. A signed writing, or simply telling your provider, disqualifies that person. Our page on who decides for you walks through this in a few questions, and the 50-state guide to default decision-makers shows how other states compare.
Here is a typical case, a composite. Frances is 73, widowed, and lives in Tupelo. Her brother lives in Texas and calls on her birthday. Her niece Amy drives her to appointments and knows exactly what she would want. Under the default list, Amy wouldn't qualify, so Frances names Amy as her health care agent and her brother as backup.
How do I choose my agent?
Once the signing is done, the practical questions matter most. Is the person willing? Can they get to the hospital? Will they follow your wishes even when they'd choose differently?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named a backup in case they can't.
Our post on how to choose a medical power of attorney has more questions to ask.
Some people would like a professional standing by, first or behind a friend. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as the backup to someone you choose.
Once your health papers are done, our Mississippi probate guide covers what happens to your home and savings later.
Common questions
Does a medical power of attorney need to be notarized in Mississippi?
No, but it is the simplest route. You can use a notary or two qualified witnesses instead. At least one witness must be unrelated to you and not someone who would inherit from you.
Can a family member witness my Mississippi health care power of attorney?
Yes, as one of two witnesses. The other witness must be someone who is not related to you and won't inherit from you. Your agent and health care workers can't witness at all.
Who makes medical decisions in Mississippi if there's no power of attorney?
First, anyone you named by telling your supervising provider. Otherwise your spouse, then an adult child, a parent, an adult sibling, and finally a close friend who knows your values. A named agent or guardian comes first.
Can a close friend make medical decisions for me in Mississippi?
Yes, but under the default list only if no spouse, adult child, parent or sibling is reasonably available. Naming your friend as your health care agent puts them first.
Is there an official Mississippi form?
Yes. Mississippi has an optional Advance Health Care Directive form with a part for your agent and a part for your instructions. You don't have to use it.
Sources
This page is general information, not legal or financial advice. Laws vary by state.