Appointment of commissioner to make health-care decisions for offender who lacks capacity and does not have relative available; procedure; applicability of Uniform Health-Care Decisions Act.

Miss. Code Ann. § 47-5-180
in effect
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The following words and phrases that are used in this section are defined in Section 41-41-203:advance health-care directive, agent, capacity, guardian, health-care decision, individual instruction, person, power of attorney for health care and surrogate. For an offender who is a resident of Mississippi, the department may petition the chancery court of the county of residence of the offender to appoint the commissioner as guardian for an offender who lacks the capacity to make a health-care decision and who does not have a relative or other person available to make the decision. The department may, consistent with Sections 41-41-201 through 41-41-229, provide an offender with the forms necessary to execute an advance health-care directive. The department shall place an original or copy of the directive in the offender’s medical record, attach the directive to the offender’s commitment report and provide a copy of the directive to case management. If a department physician determines that an offender’s life expectancy is less than one (1) year or that the offender is to undergo certain medical procedures to be determined by the department medical director, the department shall provide the offender with the opportunity to alter or execute a written advance health-care directive. When the department provides an offender with the forms necessary to execute an advance health-care directive, Sections 41-41-201 through 41-41-229 and the following provisions apply: Absent a court order to the contrary, an offender in the department’s custody shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate another offender as the agent, guardian or surrogate without judicial approval if the offenders are related by blood, marriage or adoption. Absent a court order to the contrary, a department employee shall not act as the agent, guardian or surrogate for the offender executing an advance health-care directive. But the principal offender may designate a department employee as the agent, guardian or surrogate without judicial approval if the offender and the employee are related by blood, marriage or adoption. In addition to the restrictions in Section 41-41-205, neither an offender in the department’s custody nor a department employee shall be used as a witness for a power of attorney for health care that an offender executes while in the department’s custody.

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