Mississippi Surrogate Decision Maker Lookup

Who can make medical and money decisions for an adult in Mississippi who cannot decide: an agent, a guardian, or Mississippi's default surrogate order. Runs in your browser; nothing is stored.

Mississippi law checked against official sources on October 26, 2026.

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What needs deciding?
Can the person understand this decision and make it, with help if needed?
Which of these exist? (tick all that apply)

Who has authority in Mississippi

  1. With no agent and no guardian, this state's default surrogate law lets a family member or other listed person make health-care decisions, in the order below.
  2. If nobody is available or the family disagrees, a court can appoint a guardian. That is slower and costs more than documents signed in advance.

Mississippi's default surrogate order

  1. Someone the patient named by telling the supervising provider
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. An adult who has shown special care and concern and knows the patient's values (Only if no family member above is reasonably available)
What it covers
A surrogate may make health care decisions for an adult the primary physician finds lacks capacity when no agent or guardian is appointed or available.
If more than one person is in the same group
The provider follows the majority of class members who have spoken. An evenly divided class and all lower classes are disqualified.
Who decides the person cannot decide
The primary physician determines lack of capacity.
Limits
  • An owner, operator or employee of the residential long-term care facility cannot be surrogate unless related (with a narrow state-facility exception).
  • A patient can disqualify anyone, including family, in writing or by telling the provider.
  • The provider may require a sworn written declaration.

Source: Miss. Code Ann. 41-41-211 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2024 copy of the Mississippi Code, and 2025-2026 changes were not checked. The agent-versus-guardian rule was read from an older copy of the statute; confirm the current text with the official code.

Next steps

Who decides in Mississippi without a power of attorney?

Mississippi's default surrogate law (Miss. Code Ann. 41-41-211) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising provider; the first relative listed is: Spouse.

Mississippi's default surrogate law in full

Mississippi's default surrogate order

  1. Someone the patient named by telling the supervising provider
  2. Spouse (Not if legally separated)
  3. An adult child
  4. A parent
  5. An adult brother or sister
  6. An adult who has shown special care and concern and knows the patient's values (Only if no family member above is reasonably available)
What it covers
A surrogate may make health care decisions for an adult the primary physician finds lacks capacity when no agent or guardian is appointed or available.
If more than one person is in the same group
The provider follows the majority of class members who have spoken. An evenly divided class and all lower classes are disqualified.
Who decides the person cannot decide
The primary physician determines lack of capacity.
Limits
  • An owner, operator or employee of the residential long-term care facility cannot be surrogate unless related (with a narrow state-facility exception).
  • A patient can disqualify anyone, including family, in writing or by telling the provider.
  • The provider may require a sworn written declaration.

Source: Miss. Code Ann. 41-41-211 · Checked October 26, 2026

Less certain: This list was read from an unofficial 2024 copy of the Mississippi Code, and 2025-2026 changes were not checked. The agent-versus-guardian rule was read from an older copy of the statute; confirm the current text with the official code.

How authority works when someone cannot decide

An adult who can understand a decision makes it, even when family disagrees. Authority passes to someone else only when the person cannot decide, and the source of that authority matters.

The strongest source is a document the person signed while able: a health-care power of attorney or advance directive naming an agent for medical decisions, and a durable power of attorney for money and property. A court appointment (a guardian, or in some states a conservator for money) comes next, and it is slower and more expensive.

For health-care decisions only, most states also have a default surrogate law, sometimes called a family consent law. It lists who may decide when there is no agent and no guardian, usually starting with a spouse, then adult children, then parents and siblings. Doctors and hospitals apply it at the bedside.

There is no "next of kin" list for money

Default surrogate laws cover health care, not bank accounts, bills or property. Being a spouse, child or next of kin does not by itself let you sign checks or sell a house for another adult. Without a durable power of attorney, managing someone else's money usually needs a court appointment.

Federal benefits follow their own rules. Social Security says a power of attorney, an authorized representative or a joint account is not the same as being a payee; SSA appoints a representative payee. VA appoints a fiduciary for a beneficiary who cannot manage VA benefits.

What this tool does not do

  • It reports what each state's statute says. It does not decide whether a person has capacity; the treating doctor does.
  • It does not decide disputes between family members or replace a court order. A guardianship order or a power of attorney can change who decides.
  • Hospitals, nursing homes and other states' laws can add steps. Ask the facility's patient-relations or legal office which law it applies.
  • It is general legal information, not legal advice for your situation.

Frequently Asked Questions

Who makes medical decisions in Mississippi if there is no power of attorney?

Mississippi's default surrogate law (Miss. Code Ann. 41-41-211) covers health-care decisions generally. Without a health-care agent or guardian, the first person in line under the statute is: Someone the patient named by telling the supervising provider; the first relative listed is: Spouse. The full order, tie rule and limits are in Miss. Code Ann. 41-41-211.

Does next of kin in Mississippi have authority over money?

No default surrogate law covers money. In Mississippi, as everywhere, managing another adult's accounts or property takes a durable power of attorney or a court appointment.

Sources

Mississippi law checked against the official text on October 26, 2026.

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