Should My New Advance Directive For Health Care Be Filed With The State Department Of Health Or Chancery Court?

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Should My New Advance Directive For Health Care Be Filed With The State Department Of Health Or Chancery Court?

The State Department of Health no longer files Living Wills. You are not required to file an Advance Directive for Health Care with any court. Some families decide to file power of attorney documents with the Chancery Court to make the documents a matter of public record. Even though it isn't necessary to file the Advance Health Care Directive, you should keep the signed original in a safe place. Give a copy to your agent, your alternate agent and your physician. Tell your agent where the original document is stored. If you enter a hospital or nursing home, you should have a copy placed in your files at that facility. You may also want clergy, family, friends, and/or your attorney to have a copy. The law does provide that a copy of the document can be used as a substitute for the original.

Other Mississippi Estate Planning FAQs

Q: What Is An Advance Directive For Health Care?
A: It is a legal document that states your wishes, in advance, regarding potential health care decisions. The Mississippi optional Advance Directive for Health Care is a … More
Q: How Do I Draw Up An Advance Directive For Health Care?
A: You may have your attorney draft an Advance Directive for Health Care. Many will also execute an Advance Directive for Health Care in conjunction with preparing your … More
Q: Am I Required To Make A New Advance Directive If Ive Already Completed A Living Will And/Or Durable Power Of Attorney For Health Care Before 1998?
A: According to a June 4, 1998 ruling from the Mississippi Office of the Attorney General, the living will form prescribed in the 1984 Living Will Law is still valid. If … More
Q: What Should I Do About Old Living Wills And Power Of Attorney For Health Care Documents?
A: The advance directive that is properly executed and contains the most recent date will be used. However, it is always a good idea to destroy old documents to avoid …
Q: What Is An Agent?
A: An agent is the person designed in a Power of Attorney for Health Care (Part one in the Advance Directive for Health Care) to make health care decisions for you. … More
Q: Who Can Be My Agent?
A: Your agent can be a family member or friend. An owner, operator or employee of a residential longterm facility where you are receiving care is not allowed to be … More
Q: When Does The Power Of Attorney For Health Care Take Effect?
A: It commonly takes effect when you are no longer able to make health care decisions for yourself. Your primary physician will determine whether you have the capacity to … More
Q: Who Should Witness My Advance Health Care Directive?
A: Your advance health care directive should be witnessed by two people who can attest to your mental capacity or signed before a notary public. A witness may not be any … More
Q: Can I Change My Mind?
A: Yes. If you change your mind, you can revoke (cancel) your Advance Health Care Directive at any time. Mississippi law requires that the Power of Attorney portion of … More