MISSISSIPPI LEGAL INFORMATION

Witnesses: Either a notary OR two witnesses are necessary to the signature of the maker;

Who may be a witness? Mississippi law provides the following regarding witnesses to a Living Will:

Be signed by at least two (2) individuals each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgement of the signature or of the instrument, each witness making the following declaration in substance: "I declare under penalty of perjury pursuant to Section 97-9-61, Mississippi Code of 1972, that the principal is personally known to me, that the principal signed or acknowledged this power of attorney in my presence, that the principal appears to be of sound mind and under no duress, fraud or undue influence, that I am not the person appointed as agent by this document, and that I am not a health-care provider, nor an employee of a health-care provider or facility." In addition, the declaration of at least one (1) of the witnesses must include the following: "I am not related to the principal by blood, marriage or adoption, and to the best of my knowledge, I am not entitled to any part of the estate of the principal upon the death of the principal under a will now existing or by operation of law.

See Mississippi Code Section § 41-41-205.

Notary: There is no express provision in the Mississippi statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Mississippi Statutes containing living will requirements: Mississippi Code Section 41-41-201, et al.

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