§ 41-41-201. Short title
Sections 41-41-201 through 41-41-229 may be cited as the “Uniform Health-Care Decisions Act.”
§ 41-41-203. Definitions
For purposes of Chapter 41 of Title 41, Mississippi Code of 1972, the following words shall have the meaning ascribed in this section unless the context shall otherwise require: “Adult” means an individual who is eighteen (18) years of age or older. “Advance health-care directive” means an individual instruction or a power of attorney for […]
§ 41-41-205. Individual instructions; power of attorney; decisions by primary physician; agents; guardians; validity
An adult or emancipated minor may give an individual instruction. The instruction may be oral or written. The instruction may be limited to take effect only if a specified condition arises. An adult or emancipated minor may execute a power of attorney for health care, which may authorize the agent to make any health-care decision […]
§ 41-41-207. Revoking designation of agent or Advance Health-Care Directive
An individual may revoke the designation of an agent only by a signed writing or by personally informing the supervising health-care provider. An individual may revoke all or part of an advance health-care directive, other than the designation of an agent, at any time and in any manner that communicates an intent to revoke. A […]
§ 41-41-209. Form for Advance Health-Care Directive
The following form may be used to create an Advance Health-Care Directive. Sections 41-41-201 through 41-41-207 and 41-41-211 through 41-41-229 govern the effect of this or any other writing used to create an advanced health-care directive. An individual may complete or modify all or any part of the following form: ADVANCE HEALTH-CARE DIRECTIVE Explanation You […]
§ 41-41-211. Surrogates
A surrogate may make a health-care decision for a patient who is an adult or emancipated minor if the patient has been determined by the primary physician to lack capacity and no agent or guardian has been appointed or the agent or guardian is not reasonably available. An adult or emancipated minor may designate any […]
§ 41-41-213. Guardians and wards
A guardian shall comply with the ward’s individual instructions and may not revoke the ward’s advance health-care directive unless the appointing court expressly so authorizes. Absent a court order to the contrary, a health-care decision of an agent takes precedence over that of a guardian. A health-care decision made by a guardian for the ward […]
§ 41-41-215. Health-care provider or institution responsibilities
Before implementing a health-care decision made for a patient, a supervising health-care provider, if possible, shall promptly communicate to the patient the decision made and the identity of the person making the decision. A supervising health-care provider who knows of the existence of an advance health-care directive, a revocation of an advance health-care directive, or […]
§ 41-41-217. Rights to disclosure of medical and health-care information
Unless otherwise specified in an advance health-care directive, a person then authorized to make health-care decisions for a patient has the same rights as the patient to request, receive, examine, copy and consent to the disclosure of medical or any other health-care information.
§ 41-41-219. Health-care provider or institution liability and discipline
A health-care provider or institution acting in good faith and in accordance with generally accepted health-care standards applicable to the health-care provider or institution is not subject to civil or criminal liability or to discipline for unprofessional conduct for: Complying with a health-care decision of a person apparently having authority to make a health-care decision […]
§ 41-41-221. Liability for intentional violations and fraudulent inducements
A health-care provider or institution that intentionally violates Sections 41-41-201 through 41-41-229 is subject to liability to the aggrieved individual for damages of Five Hundred Dollars ($500.00) or actual damages resulting from the violation, whichever is greater, plus reasonable attorney’s fees. A person who intentionally falsifies, forges, conceals, defaces, or obliterates an individual’s advance health-care […]
§ 41-41-223. Construction of provisions and presumed capacity
Sections 41-41-201 through 41-41-229 do not affect the right of an individual to make health-care decisions while having capacity to do so. An individual is presumed to have capacity to make a health-care decision, to give or revoke an advance health-care directive, and to designate or disqualify a surrogate.
§ 41-41-225. Copies have same effect as originals
A copy of a written advance health-care directive, revocation of an advance health-care directive, or designation or disqualification of a surrogate has the same effect as the original.
§ 41-41-227. Construction and application of provisions
Sections 41-41-201 through 41-41-229 do not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive. Death resulting from the withholding or withdrawal of health care in accordance with Sections 41-41-201 through 41-41-229 does not for any purpose constitute a suicide or homicide or […]
§ 41-41-229. Equitable relief; Rules of Civil Procedure applicable
On petition of a patient, the patient’s agent, guardian, or surrogate, a health-care provider or institution involved with the patient’s care, or an individual described in Section 41-41-211(2) or (3), any court of competent jurisdiction may enjoin or direct a health-care decision or order other equitable relief. A proceeding under this section shall be governed […]