A healthcare power of attorney (POA) is a legal tool allowing an individual you appoint to make medical decisions if you become incapacitated. Appointing a healthcare power of attorney can help you ensure your preferences for how you’d like to be treated if you become incapacitated will be carried out.
With our extensive experience, the estate planning attorneys at Palmer & Slay, PLLC, are well-equipped to guide you through the process of creating a healthcare power of attorney and comprehensive estate planning. You can trust us to answer your questions and ensure your wishes are carried out if you are incapacitated.
Mississippi Code Title 41. Public Health § 41-41-205.
Mississippi sets forth the requirements for creating a healthcare power of attorney in Mississippi Code Title 41. Public Health § 41-41-205. You are called the principal as the person making the healthcare power of attorney. The person you name to act as your healthcare power of attorney will be called your healthcare agent. Your healthcare agent will be responsible for making medical decisions on your behalf based on your wishes and the circumstances at the time.
Adults or emancipated minors can execute a healthcare power of attorney. The document authorizes the agent to make “any healthcare decision” the individual could have made when they could do so.
Requirements for Signing a Healthcare Power of Attorney in Mississippi
To appoint a healthcare power of attorney, you must follow the requirements outlined in Mississippi law, including the need for witnesses and the limitations on who can be appointed as your agent. The healthcare power of attorney must be in writing and state the day of its execution. You must sign the document and the principal and be properly witnessed. There are two legally valid ways to witness a healthcare power of attorney document.
A power of attorney must be signed by at least two people who witnessed you signing the document or acknowledging the signature on the document. When signing a healthcare power of attorney, witnesses are declaring under the penalty of perjury the following:
- They know the principal
- The principal signed or acknowledged their signature in their presence
- The principal appears to be of sound mind and under no duress, fraud, or undue influence
- They are not the person appointed to be the healthcare agent
- They are not a healthcare provider or employee of the provider or facility
Additionally, at least one of the witnesses signing the document must acknowledge they aren’t related to the principal by blood, marriage, or adoption and are not entitled to any part of the principal’s estate upon their death.
Advance Directive Plus a Medical Power of Attorney
An advance directive combines a healthcare power of attorney and a living will. A living will allows you to define what type of end-of-life care you’d prefer to receive or not receive. It also allows you to appoint a healthcare agent you trust who can make medical decisions on your behalf and decide on end-of-life treatment options in line with your preferences. Specifically, you can use a Mississippi advance directive durable power of attorney for healthcare and living will to:
- Name a specific agent or agent you’d like to make decisions for you
- Describe your preferences for how you’d like to be treated
- Describe your preferences for medical care, long-term care, or other types of healthcare
The document should include instructions for medical providers on how you’d like to be treated in the event of permanent incapacitation. For example, it may include information about your post-death decisions, such as organ donations, autopsy requests, and the final disposition of the body.
The provisions in an advance directive plus a medical power of attorney only become enforceable when you are unconscious, mentally incompetent, or incapacitated. Under Mississippi law, two witnesses or a notary public must sign the document to make it legally enforceable.
Healthcare Power of Attorney vs. Durable Power of Attorney
Mississippi recognizes several types of powers of attorney documents. Medical powers of attorney allow the agent you appoint to make decisions related to healthcare, including medical treatment options and end-of-life care. Durable financial powers of attorney allow the appointed agent to make decisions on behalf of their loved one in financial and legal matters.
The term “durable” means the agent will continue to have the power to make decisions about your financial and legal affairs even if you’ve become mentally incompetent or incapacitated. You do not have to appoint the same person as your healthcare and durable financial powers of attorney. Including both types of powers of attorney in your estate plan is crucial to ensure your wishes will be carried out financially and in terms of healthcare.
The Benefits of Hiring an Experienced Attorney
Adhering to Mississippi estate planning laws when appointing a healthcare agent is crucial. Working with an attorney can help you ensure your power of attorney document is legally enforceable. Without a legally enforceable healthcare power of attorney, you may become too sick to make decisions and name an agent.
Without a legally enforceable healthcare power of attorney, you may become too sick to make decisions and name an agent. In such a situation, your care team would need to appoint an agent based on Mississippi law in the following order: spouse, adult children, parents, adult siblings, and then closest relative. The person appointed to make decisions for you may differ from the person you would have chosen or may not make decisions in line with your wishes. This underscores the importance of having a healthcare power of attorney in place.
Contact Our Healthcare Power of Attorney Lawyers in Mississippi
Whether you need to create a healthcare power of attorney or a comprehensive estate plan, the attorneys at Palmer & Slay, PLLC, are here to help. Our empathetic attorneys will work with you to name a trusted healthcare agent and clearly state your preferences for end-of-life care. Contact Palmer & Slay, PLLC, to schedule a complimentary case evaluation with a member of our estate planning team.
Palmer & Slay, PLLC, assists clients within Mississippi, including Scott County, Rankin County, Brandon, Flowood, East Jackson, and beyond.