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Who Should Witness My Advance Health Care Directive?

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 of the following: a health care provider, an employee of a health care provider or health care facility, or your agent designated in the directive. At lease one of the witnesses must be someone who is not related to you and who is not entitled to any part of your estate.

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

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Durable Power Of Attorney
Estate Planning
Estate Taxes
Guardianship

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