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Mississippi Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 41-41-201, et seq. Uniformed Health-Care Decisions Act |
| Specific Powers, Life-Prolonging Acts | Consent, refuse consent, or withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition; may include decisions after death such as anatomical gift, autopsy, etc. Does not affect health care treatment in an emergency |
| Legal Requirements for Durable Power of Attorney | (1) Durable power of attorney must specifically authorize the attorney-in-fact to make health care decisions; (2) dated; (3) witnessed by 2 individuals or notarized according to form set out in §41-41-159(b); (4) should follow substantially statutory form (§41-41-163) |
| Revocation of Durable Power of Attorney | Unless the document provides a shorter time, it shall be effective until revoked by principal. Durable power of attorney revocable at any time the principal has capacity to give a durable power of attorney for health care by notifying the attorney-in-fact in writing or notifying the health care provider in writing or by executing subsequent valid durable power of attorney for health care (revokes prior durable power of attorney for health care) |
| Validity from State-to-State | - |
| If Physician Unwilling to Follow Durable Power of Attorney | Must promptly inform the patient of refusal and assist patient in being transferred to another institution |
| Immunity for Attending Physician | No civil, criminal, or professional responsibility if health care provider relies in good faith on health care decision |
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