Will a husband's wishes be followed over the adult children with the medical power of attorney?

Full question:

If a women is married and she gives her medical power of attorney to her biological children, when it comes down to making life saving and treatment decisions, will the husband's wishes be followed over her adult children with the medical power of attorney?

  • Category: Power of Attorney
  • Subcategory: Advanced Health Care Directive
  • Date:
  • State: Mississippi

Answer:

MS-P021 Mississippi Advance Health Care Directive Statutory Form includes Living Will

This is a statutory form provided in the Mississippi Code that allows you to give instructions about your own health care, name someone else to make health-care decisions for you and designate a physician to have primary responsibility for your health care. An adult or emancipated minor may provide instructions regarding their health care either orally or in writing and may execute a power of attorney for health care, which may authorize an agent to make any health-care decision the principal could have made while having capacity. The power must be in writing, dated, signed and either witnessed by at least two 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) or acknowledged before a notary public at any place within Mississippi.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

A legal power of attorney cannot make decisions regarding the principal's will, certain types of financial transactions (like transferring property to themselves), or decisions that require the principal's personal presence, such as voting. Additionally, some states may restrict powers related to healthcare decisions if the principal is capable of making their own choices.