Mississippi Code

Miss. Code Ann. § 41-41-227 (2026)

Construction and application of provisions

✓ current as of July 2026

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(1) Sections 41-41-201 through 41-41-229 do not create a presumption concerning the intention of an individual who has not made or who has revoked an advance health-care directive.

(2) Death resulting from the withholding or withdrawal of health care in accordance with Sections 41-41-201 through 41-41-229 does not for any purpose constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity to the contrary.

(3) Sections 41-41-201 through 41-41-229 do not authorize mercy killing, assisted suicide, euthanasia, or the provision, withholding, or withdrawal of health care, to the extent prohibited by other statutes of this state.

(4) Sections 41-41-201 through 41-41-229 do not authorize or require a health-care provider or institution to provide health care contrary to generally accepted health-care standards applicable to the health-care provider or institution.

(5) Sections 41-41-201 through 41-41-229 do not authorize an agent or surrogate to consent to the admission of an individual to a mental health-care institution unless the individual's written advance health-care directive expressly so provides.

(6) Sections 41-41-201 through 41-41-229 do not affect other statutes of this state governing treatment for mental illness of an individual involuntarily committed to a mental health-care institution.

(7) Sections 41-41-201 through 41-41-229 do not apply to Sections 41-41-31 through 41-41-39, which govern the performance of abortions, or Sections 41-41-51 through 41-41-63, which govern the performance of abortions upon minors.

Laws, 1998, ch. 542, § 14, eff. 7/1/1998.

Notes of Decisions

Cited in 1 case, 2002–2002 · leading case: Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002).

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Cohen v. Bolduc, 435 Mass. 608 (Mass. 2002). “2000) (commitment permissible if expressly authorized); Miss. Code Ann. § 41-41-227 (5) (Lexis Nexis 2001) (commitment permissible if expressly authorized).”

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