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Medical Power of Attorney in Mississippi: The Advance Health-Care Directive, Witnesses and Surrogates

Mississippi's medical power of attorney is a power of attorney for health care, part of an advance health-care directive that can also hold living-will instructions. It needs two qualified witnesses or a notary. Here is how it works.

By naveen · Updated October 13, 2026 · How we research our guides

A medical power of attorney in Mississippi is called a power of attorney for health care. Under the Uniform Health-Care Decisions Act, Miss. Code §§ 41-41-201 to 41-41-229, in effect since July 1, 1998, an "advance health-care directive" "means an individual instruction or a power of attorney for health care." Your parent can name an agent, give written instructions, or both, and § 41-41-205 lets the agent "make any health-care decision the principal could have made while having capacity."

What is a medical power of attorney in Mississippi?

It's a written designation of an agent to make health-care decisions for your parent. "The power remains in effect notwithstanding the principal's later incapacity and may include individual instructions." The agent follows your parent's instructions and known wishes, and otherwise decides based on the agent's "determination of the principal's best interest," considering your parent's personal values.

Decisions by the agent are "effective without judicial approval," and unless the directive says otherwise, the agent "has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information" (§ 41-41-217). One restriction applies to who can serve: unless related to your parent by blood, marriage or adoption, the agent can't be an owner, operator or employee of a residential long-term health-care institution where your parent is receiving care.

This is separate from a financial power of attorney; see our Mississippi power of attorney guide.

Is there a living will in Mississippi?

Not under that name any more. The 1998 act repealed Mississippi's older statutes on withdrawing life-saving mechanisms and its separate Durable Power of Attorney for Health Care Act. Living-will choices now go in an individual instruction, and under § 41-41-205(1), "The instruction may be oral or written."

In Part 2 of the statutory form, your parent can choose not to prolong life in listed circumstances or to prolong it "as long as possible within the limits of generally accepted health care standards." For the general picture, see power of attorney vs. advance directive.

How do you sign a Mississippi advance health-care directive?

Under § 41-41-205(2), "The power must be in writing, contain the date of its execution, be signed by the principal, and be witnessed by one (1) of the following methods": two witnesses, each of whom saw your parent sign or acknowledge it, or acknowledgment "before a notary public at any place within this state." Either method works; both aren't required.

None of these people can be a witness:

• a health-care provider;
• an employee of a health-care provider or facility;
• the agent.

At least one of the two witnesses must be neither a relative of your parent by blood, marriage or adoption nor someone who would inherit from your parent under a will or by law. The statutory form says the witnesses must be "personally known to you and who are present when you sign or acknowledge your signature."

If your parent uses a notary instead, Mississippi's notary law bars a notary who is the signer's spouse, child, sibling, parent, grandparent, grandchild, aunt, uncle, niece or nephew, including in-laws and step-relatives, and your parent must appear in person (Revised Mississippi Law on Notarial Acts, §§ 25-34-7, 25-34-15).

When does the agent start making decisions?

"Unless otherwise specified in a power of attorney for health care, the authority of an agent becomes effective only upon a determination that the principal lacks capacity, and ceases to be effective upon a determination that the principal has recovered capacity" (§ 41-41-205(5)). Unless the directive says otherwise, that determination "must be made by the primary physician."

Your parent can choose otherwise. The statutory form has a box that, if marked, means "my agent's authority to make health care decisions for me takes effect immediately." Either way, a health-care provider "may not require or prohibit the execution or revocation of an advance health-care directive as a condition for providing health care" (§ 41-41-215).

Where do you get a Mississippi advance directive form?

The form is printed in the statute. Section 41-41-209 says "The following form may be used to create an advance health care directive," and the form itself tells your parent, "You are free to use a different form." It has four parts:

1. Power of attorney for health care: an agent, up to two alternates, any limits, and when authority starts.
2. Instructions for health care: end-of-life choices, artificial nutrition and hydration, and relief from pain.
3. Primary physician (optional).
4. Organ donation (optional).

The form asks your parent to give copies "to your physician, to any other health care providers you may have, to any health care institution at which you are receiving care, and to any health care agents you have named." A copy "has the same effect as the original."

What happens if your parent has no advance directive?

A surrogate makes decisions, chosen under a priority list in the statute. Under § 41-41-211, once the primary physician determines your parent lacks capacity and there's no agent or guardian available, your parent's own designated surrogate decides. Your parent can designate one "by personally informing the supervising health-care provider." Otherwise, the first reasonably available class acts, "in descending order of priority":

1. The spouse, unless legally separated.
2. An adult child.
3. A parent.
4. An adult brother or sister.

If none is reasonably available, "an adult who has exhibited special care and concern for the patient, who is familiar with the patient's personal values, and who is reasonably available may act as surrogate." If several adult children disagree, the provider follows the majority of those who have communicated their views; if the class is evenly divided, that class and everyone lower are disqualified. Your parent can disqualify anyone, including family, "by a signed writing or by personally informing the supervising health-care provider."

A court-appointed guardian is the other route, described in conservatorship and guardianship. "Absent a court order to the contrary, a health-care decision of an agent takes precedence over that of a guardian."

How do you revoke a Mississippi advance directive?

Your parent can revoke the agent's appointment by a signed writing or by telling the supervising provider, and the rest of the directive in any manner that shows the intent (§ 41-41-207):

• The agent's appointment. "An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider."
• Everything else. Your parent "may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke."
• Divorce. "A decree of annulment, divorce, dissolution of marriage, or legal separation revokes a previous designation of a spouse as agent unless otherwise specified in the decree or in a power of attorney for health care."
• A newer directive. It "revokes the earlier directive to the extent of the conflict."

What about POST?

Mississippi's version of a POLST is the Physician Order for Sustaining Treatment, or POST, under §§ 41-41-301 to 41-41-303. It's a medical order signed by your parent's primary physician and by your parent, or by their agent, guardian or surrogate if your parent lacks capacity. The State Board of Medical Licensure publishes the form.

The statute's required wording says "The POST form is always voluntary and is usually for persons with advanced illness," that "There is no requirement that a patient have a POST," and that an advance health-care directive "is recommended for all capable adults and emancipated minors, regardless of their health status." A POST must be reviewed at least annually and can be revoked by your parent or their representative.

Frequently asked questions

Does a medical power of attorney need to be notarized in Mississippi?

No, not if two qualified witnesses sign instead. Under § 41-41-205, a power of attorney for health care must be either signed by two witnesses or acknowledged before a notary in Mississippi. Neither witness can be the agent or a health-care provider or employee, and at least one must be unrelated and not an heir.

Who can witness an advance directive in Mississippi?

An adult who isn't the agent, a health-care provider, or an employee of a health-care provider or facility. At least one of the two witnesses must also be unrelated to your parent by blood, marriage or adoption and not entitled to any part of their estate. The form says witnesses should know your parent personally and be present at signing.

Where can I get a Mississippi advance directive form?

The Advance Health-Care Directive form is printed in Miss. Code § 41-41-209 and is free to use. Your parent can complete or change any part of it, or use a different form that meets the signing rules. After signing, copies go to the doctor, other providers, any facility and the agents named.

Who makes medical decisions in Mississippi if there's no advance directive?

A surrogate. If your parent hasn't named one by telling the supervising provider, the order is spouse (unless legally separated), adult child, parent, then adult brother or sister. If none is reasonably available, a caring adult familiar with your parent's values may act. Members of a class who disagree are decided by majority.

Is an advance directive from another state valid in Mississippi?

Yes, if it meets Mississippi's rules. Under § 41-41-205(10), an advance health-care directive is valid if it complies with Mississippi's act, "regardless of when or where executed or communicated." The sections we read don't contain a separate rule for a document valid only under another state's law, so checking an older out-of-state document against Mississippi's signing rules is worthwhile.

Can my parent change their mind after signing?

Yes. Your parent can revoke the agent's appointment by a signed writing or by personally telling the supervising provider, and can revoke the rest of the directive in any manner that shows the intent to revoke. A newer directive overrides an older one where they conflict. Telling the doctor keeps the record current.

Getting started

An advance health-care directive only helps if it's signed while your parent can sign it, with two qualified witnesses or a notary, and the right people have copies. The plan this site builds asks four questions, including which state your parents live in, and puts the steps that matter most for your family in order. It's free and takes about 90 seconds.

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Sources

Mississippi's Code is published online through a commercial host; the statute text quoted here comes from bills published by the Mississippi Legislature.

• House Bill 546 (1998), Uniform Health-Care Decisions Act, as sent to the Governor: the act as enacted, including definitions (§ 41-41-203), signing rules (§ 41-41-205), revocation (§ 41-41-207), the form (§ 41-41-209), guardians (§ 41-41-213) and health information (§ 41-41-217).
• Senate Bill 2862 (1999), as sent to the Governor: the surrogate list (§ 41-41-211).
• House Bill 708 (2015), as introduced: prints the current text of §§ 41-41-205, 41-41-207 and 41-41-209; the bill's proposed changes did not pass.
• House Bill 1030 (2026), as introduced: prints the current POST statute (§ 41-41-302); the bill's proposed changes did not pass.
• Mississippi State Board of Medical Licensure, POST form: the official Physician Orders for Sustaining Treatment form.
• House Bill 1156 (2020), Revised Mississippi Law on Notarial Acts: the act as sent to the Governor, effective July 1, 2021.
• Mississippi Secretary of State, Revised Mississippi Law on Notarial Acts: the codified notary law, including who can't notarize (§ 25-34-7) and in-person appearance (§ 25-34-15).

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