Do I Need to Have My Mississippi Living Will Witnessed or Notarized?

In Mississippi, you must sign your health care directive in front of witnesses or a notary.

In Mississippi, your living will and medical power of attorney are combined into one document called an advance health care directive.  You may use your advance directive to document your health care wishes and to name a trusted person to make health care decisions for you when you cannot make those decisions for yourself.

Sign Your Mississippi Advance Directive in Front of Witnesses or a Notary

After you create your health care directive, you must sign your document in front of two witnesses or a notary public.

If you choose to have the document witnessed, neither of your witnesses may be:

  • under the age of 18
  • your health care agent
  • a health care provider, or
  • an employee of a health care provider or facility.

In addition, one witness must not be related to you by blood, marriage or adoption and must not been titled to any part of your estate by operation of law or under your will.

What to Do With Your Signed Advance Directive

After you sign your document and have it witnessed or notarized, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your advance health care directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your health care directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your health care directive that you have revoked it.

Learn More

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Mississippi Living Wills and Advance Health Care Directives.

When you make an advance health care directive with Quicken WillMaker Plus, it will conform to all of Mississippi’s laws about living wills and powers of attorney for health care, and it will print with plain English instructions that detail how to make it legal.  

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