http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/index.html LawInfo - Legal Resource Center offers free legal forms and free legal documents that is designed to help consumers and businesses resolve their legal issues http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/what-should-i-do-about-old-living-wills-and-p.html 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 confusion. Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/am-i-required-to-make-a-new-advance-directive.html 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 the forms were properly executed and signed by two witnesses, you are not required to revise your living will or Durable Power of Attorney for Health Care. If you choose to update your previous Living Will and Durable Power of Attorney for Health Care, you can combine the two documents into one Advance Health Care Directive. Additionally, by using the new optional form, you can designate a primary physician and specify other wishes that may have been left out of the earlier documents. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/can-i-change-my-mind.html 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 the document can be revoked only by signing a written notification or by personally notifying the supervising health care provider. You can revoke other parts of the Advance Health Care Directive simply by communicating this in any manner you wish. A Power of Attorney for Health Care that designates a spouse agent is automatically revoked in the event of divorce, annulment or legal separation. If your most recent Advance Health Care Directive conflicts with an earlier vision, the earlier directive is automatically revoked to the extent that it conflicts with the newer version. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/how-do-i-draw-up-an-advance-directive-for-hea.html 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 Will. In order for the Advance Directive for Health Care to be honored in the State of Mississippi, it must meet the following requirements: the document must be dated, it must be signed by the individual (principal) directing his or her own health care wishes and it must be either notarized or signed by two witnesses. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/should-my-new-advance-directive-for-health-ca.html 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. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/what-is-an-advance-directive-for-health-care.html 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 three­part form that can provide instructions in the following ways: stating your wishes regarding "extraordinary techniques that prolong life through artificial means", giving other specific instructions regarding your own health care and naming someone (your agent) to make health care decisions. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/what-is-an-agent.html 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. Unless you limit the agent's authority, you agent can make all your health care decisions for you. Be sure to identify any limitations to your agent's authority or any special instructions in the Power of Attorney for Health Care document. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/when-does-the-power-of-attorney-for-health-ca.html 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 make your own decisions, unless you specify otherwise in your Advance Health Care Directive. If you wish, the Power of Attorney for Health Care can immediately take effect. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/who-can-be-my-agent.html 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 your agent unless that person is also related to you. Mississippi Estate Planning FAQs Tue, 29 May 2007 21:19:00 GMT http://resources.lawinfo.com/en/Legal-FAQs/Estate-Planning/Mississippi/who-should-witness-my-advance-health-care-dir.html 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. 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