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The purpose of a living will is to provide loved ones with care instructions to follow in case youre ever unable to act autonomously. This might happen if you become physically or mentally incapacitated, either through an accident or illness. Common scenarios include terminal illness, comas, and dementia.
Legal Requirements for Valid Living Will Created by an adult or emancipated minor. In writing. Dated. Signed by the principal or creator of the living will. Signed by two adult witnesses, at least one of whom isnt related to principal OR acknowledged by a notary public.
Under Mississippi law, a will is filed with the court after the death of the testator.
The Purpose of a Living Will A living will is used to instruct care providers in the event that you can no longer make decisions for yourself. It can also shield your loved ones from having to make difficult choices about your care and reduces the chances of confusion or arguments over whats in your best interest.
A living will is only valid if you are unable to communicate your wishes. A health care power of attorney gives someone else (the proxy) the ability to make decisions for you regarding your health care. Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care.
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Does a Will Have to Be Probated in Mississippi? Yes, a will must be entered into the court records when a person dies. The court is responsible to ensure the wishes of the decedent as expressed in the will are followed.
A Health Care Proxy is used to name an individual who has the legal agency to step in and make your medical decisions if you become incapacitated. A Living Will is used to communicate your wishes and decisions regarding your future medical care should you become incapacitated.
A holographic or handwritten will is valid in Mississippi if its testamentary in character (i.e. intended to be a will, not just a letter to a friend) and is wholly written, dated, and signed by the testator or creator of the will.
A living will is only valid if you are unable to communicate your wishes. A health care power of attorney gives someone else (the proxy) the ability to make decisions for you regarding your health care. Unlike a living will, it applies to both end-of-life treatment as well as other areas of medical care.
A will can be revoked by the testator destroying, canceling, or obliterating it or having someone else do it in his or her presence. Mississippi is one of the few states where oral or nuncupative wills are valid.

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