MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary A

By: Representative Dedeaux

AN ACT TO CREATE SECTION 41-41-123, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR RECIPROCAL LIVING WILLS; TO AMEND SECTIONS 41-41-107 AND 41-41-109, MISSISSIPPI CODE OF 1972, IN CONFORMITY TO THE PROVISIONS OF THIS ACT; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 41-41-123, Missisisppi Code of 1972:

41-41-123. A declaration or revocation from another state having requirements substantially similar to those of this state shall be recognized by this state, provided that such other state recognizes a declaration or revocation as described in this chapter. The declaration or revocation shall be forwarded to the attending physician.

SECTION 2. Section 41-41-107, Mississippi Code of 1972, is amended as follows:

41-41-107. (1) The authorization for withdrawal of life-sustaining mechanisms must be a declaration signed by at least two (2) persons who witnessed the execution of the declaration by the declarant which shall be in substantially the following form:

DECLARATION made on______________________________(date)

by________________________________________(person's name)

of____________________________________(address),

___________________________________(Social Security Number).

I,______________________________, being of sound mind,

declare that if at any time I should suffer a terminal

physical condition which causes me severe distress or

unconsciousness, and my physician, with the concurrence of

two (2) other physicians, believes that there is no

expectation of my regaining consciousness or a state of

health that is meaningful to me and but for the use of

life-sustaining mechanisms my death would be imminent, I

desire that the mechanisms be withdrawn so that I may die

naturally. However, if I have been diagnosed as pregnant and

that diagnosis is known to my physician, this declaration

shall have no force or effect during the course of my

pregnancy. I further declare that this declaration shall be

honored by my family and my physician as the final expression

of my desires concerning the manner in which I die.

SIGNED_____________________

I hereby witness this declaration and attest that:

(1) I personally know the Declarant and believe the

Declarant to be of sound mind.

(2) To the best of my knowledge, at the time of the

execution of this declaration, I:

(a) Am not related to the Declarant by blood or

marriage,

(b) Do not have any claim on the estate of the

Declarant,

(c) Am not entitled to any portion of the

Declarant's estate by any will or by operation of law, and

(d) Am not a physician attending the Declarant or

a person employed by a physician attending the Declarant.

WITNESS_______________________________

ADDRESS_______________________________

SOCIAL SECURITY NUMBER________________

WITNESS_______________________________

ADDRESS_______________________________

SOCIAL SECURITY NUMBER________________

(2) The declaration shall be filed with the Bureau of Vital Statistics of the State Board of Health or the appropriate agency in a state providing reciprocity as provided in Section 41-41-123.

SECTION 3. Section 41-41-109, Mississippi Code of 1972, is amended as follows:

41-41-109. (1) A declaration executed as provided in Section 41-41-107 may be revoked by a revocation signed by the declarant and at least two (2) persons who witnessed the declarant's execution of the revocation which shall be in substantially the following form:

On________________(date), I,________________________,

(person's name), of___________________________(address),

_______________ (Social Security Number), being of sound

mind, revoke the declaration made on _________________

(date declaration made) regarding the manner in which I die.

SIGNED_____________________

I hereby witness this revocation and attest that:

(1) I personally know the maker of this revocation and

believe the maker of this revocation to be of sound mind.

(2) To the best of my knowledge, at the time of the

execution of this revocation, I:

(a) Am not related to the maker of this revocation

by blood or marriage,

(b) Do not have any claim on the estate of the

maker of this revocation,

(c) Am not entitled to any portion of the estate

of the maker of this revocation by any will or by operation

of law, and

(d) Am not a physician attending the maker of the

revocation or a person employed by a physician attending the

maker of this revocation.

WITNESS_______________________________

ADDRESS_______________________________

SOCIAL SECURITY NUMBER________________

WITNESS_______________________________

ADDRESS_______________________________

SOCIAL SECURITY NUMBER________________

(2) The revocation shall be filed with the Bureau of Vital Statistics of the State Board of Health or the appropriate agency in a state providing reciprocity as provided in Section 41-41-123.

(3) If a declarant wishes to revoke the authorization of life-sustaining mechanisms but is unable physically to execute a revocation as provided in this section, a clear expression by the declarant, oral or otherwise, of the declarant's wish to revoke the authorization is effective as a revocation of the authorization.

(4) An attending physician having actual knowledge or reason to believe that his patient has executed a declaration in conformance with Section 41-41-101 et seq. may ask the declarant, prior to procedures which might reasonably be expected to cause the declarant to become permanently unconscious or unable to make his wishes known, if said declarant revokes his declaration. The physician's determination of declarant's response in such situations shall be final.

SECTION 4. This act shall take effect and be in force from and after July 1, 1998.