{"data":{"id":"us-ms/miss.-code-ann.-41-41-203","jurisdiction":"us-ms","citation":"Miss. Code Ann. § 41-41-203","heading":"Miss. Code Ann. § 41-41-203","body":"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:\n\n(a) “ Adult ” means an individual who is eighteen (18) years of age or older.\n\n(b) “ Advance health-care directive ” means an individual instruction or a power of attorney for health care.\n\n(c) “ Agent ” means an individual designated in a power of attorney for health care to make a health-care decision for the individual granting the power.\n\n(d) “ Capacity ” means an individual's ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health-care decision.\n\n(e) “ Emancipated minor ” means an individual under the age of eighteen (18) years who:\n\n(i) Is or has been married;\n\n(ii) Has been adjudicated generally emancipated by a court of competent jurisdiction; or\n\n(iii) Has been adjudicated emancipated for the purpose of making health-care decisions by a court of competent jurisdiction.\n\n(f) “ Guardian ” means a judicially appointed guardian or conservator having authority to make a health-care decision for an individual.\n\n(g) “ Health care ” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect an individual's physical or mental condition.\n\n(h) “ Health-care decision ” means a decision made by an individual or the individual's agent, guardian, or surrogate, regarding the individual's health care, including:\n\n(i) Selection and discharge of health-care providers and institutions;\n\n(ii) Approval or disapproval of diagnostic tests, surgical procedures, programs of medication, and orders not to resuscitate; and\n\n(iii) Directions to provide, withhold or withdraw artificial nutrition and hydration and all other forms of health care.\n\nThe phrase “ health-care decision ” does not include decisions made pursuant to Sections 41-39-31 through 41-39-51 , the “ Anatomical Gift Law .”\n\n(i) “ Health-care institution ” means an institution, facility, or agency licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business.\n\n(j) “ Health-care provider ” means an individual licensed, certified, or otherwise authorized or permitted by law to provide health care in the ordinary course of business or practice of a profession.\n\n(k) “ Individual instruction ” means an individual's direction concerning a health-care decision for the individual.\n\n(l) “ Person ” means an individual, corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.\n\n(m) “ Physician ” means an individual authorized to practice medicine or osteopathy under Title 73, Chapter 25, Mississippi Code of 1972 .\n\n(n) “ Power of attorney for health care ” means the designation of an agent to make health-care decisions for the individual granting the power.\n\n(o) “ Primary physician ” means a physician designated by an individual or the individual's agent, guardian, or surrogate, to have primary responsibility for the individual's health care or, in the absence of a designation or if the designated physician is not reasonably available, a physician who undertakes the responsibility.\n\n(p) “ Reasonably available ” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health-care needs.\n\n(q) “ State ” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.\nnsibility.\n\n(p) “ Reasonably available ” means readily able to be contacted without undue effort and willing and able to act in a timely manner considering the urgency of the patient's health-care needs.\n\n(q) “ State ” means a state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a territory or insular possession subject to the jurisdiction of the United States.\n\n(r) “ Supervising health-care provider ” means the primary physician or, if there is no primary physician or the primary physician is not reasonably available, the health-care provider who has undertaken primary responsibility for an individual's health care.\n\n(s) “ Surrogate ” means an individual, other than a patient's agent or guardian, authorized under Sections 41-41-201 through 41-41-229 to make a health-care decision for the patient.","path":["MS Code","Title 41"],"source_url":"https://legislature.ms.gov/","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:17Z","sha256":"8cc9813451e30ecb60ab52f073cf4c2f87eb517c81c0f67b7004178c2a73c7cc","source_id":"us-ms","stale":false,"prev":"us-ms/miss.-code-ann.-41-41-201","next":"us-ms/miss.-code-ann.-41-41-205"},"notice":"GroundRules: Original legal text. Not legal advice."}