Mississippi Living Will Requirements
Based on Mississippi Code §41-41-201 through §41-41-229 (Uniform Health-Care Decisions Act)
Quick Summary
- Document type: Advance Health-Care Directive
- 2 witnesses required
- Notarization required
Witness Requirements
Mississippi requires 2 witnesses who are present when you sign your advance health-care directive. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the person appointed as the health care agent in the directive
- A witness cannot be a health-care provider or an employee of a health-care provider or facility
- At least one witness must not be a relative of the principal by blood, marriage, or adoption
- At least one witness must not be entitled to any portion of the principal's estate upon death under any will or by operation of law
- Each witness must make a declaration under penalty of perjury that the principal is personally known to them
- Each witness must declare that the principal appears to be of sound mind and under no duress, fraud, or undue influence
When Your Living Will Takes Effect
Your Mississippi living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is a condition caused by injury, disease, or illness from which, to a reasonable degree of medical probability, there can be no recovery and which makes death imminent.
Persistent Vegetative State
A persistent vegetative state is a condition in which the patient is unaware of his or her surroundings with total loss of cerebral cortical functioning, with no reasonable possibility of regaining cognitive function, as determined by a physician.
Irreversible Condition
An irreversible condition is a condition that cannot be reversed even with the application of currently available medical treatments and technology, resulting in a steady, progressive deterioration of the patient's health.
Important Notes for Mississippi
- Mississippi follows the Uniform Health-Care Decisions Act (Mississippi Code §41-41-201 through §41-41-229)
- A power of attorney for health care must be signed by the principal, witnessed by at least two individuals, and acknowledged before a notary public
- An individual instruction (living will portion) does not require witnesses or notarization, but a power of attorney for health care does
- An advance health-care directive is valid if it complies with the Act, regardless of when or where it was executed or communicated
- The Act provides a statutory form for advance health-care directives under §41-41-209
- A directive may be revoked at any time by the principal by communicating the revocation to the supervising health-care provider by any means
- Mississippi law requires that a health-care decision made by an agent be consistent with the principal's known wishes or, if unknown, in the principal's best interest
- A health-care provider or institution that acts in good faith compliance with a health-care directive is immune from civil and criminal liability
Where to Get Notarized
- Banks — most offer free notary services for account holders
- UPS Store locations
- Attorney's offices
- Court clerks' offices
- AAA offices — for members
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.