The Mississippi Power of Attorney authorizes a substitute, known as an “agent” or “attorney-in-fact”, to act in the place of the individual executing the form. The executor (referred to as the “principal”) will have to specify which types of authority they want to transfer within the document itself. The powers that can be delivered rely on the category of POA carried out, for example, one may allow financial actions, health care decisions, or parental authority. Despite the fact that there are different forms of the instrument, they will all require the same basic formula. The principal will have to provide specific details pertaining to their agent, the powers that they seek to grant, and the expiration of the conveyance. Once these matters are settled upon, the primary party will have to supply their signature as compelled by law (typically under the review of witnesses and/or a notarial officer).
Laws
Statutes – Mississippi Uniform Durable Power of Attorney Act (§ 87-3-101 – § 87-3-113)
House Bill – HB 468 (2013)
Definition – “A durable power of attorney is a power of attorney by which a principal designates another as his/her attorney-in-fact in writing and the writing contains the words ‘This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,’ or ‘This power of attorney shall become effective upon the disability or incapacity of the principal,’ or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.” (§ 87-3-105)
Signing Requirements – Although there is no legal statute concerning the execution of a power of attorney, the current house bill proposes that the principal should receive the acknowledgment of a notary public at the time of signing (HB 468, Section 105).
By Type (9)
- Advance Directive (Medical POA & Living Will)
- Durable (Financial) Power of Attorney
- General (Financial) Power of Attorney
- Limited (Special) Power of Attorney
- Minor Child Power of Attorney
- Motor Vehicle Power of Attorney
- Real Estate Power of Attorney
- Revocation of Power of Attorney
- Tax Power of Attorney
Advance Directive (Medical POA & Living Will) – The declaration of one’s wishes concerning medical treatment at the point of incapacitation as well as the appointment of a healthcare agent.
Download: PDF
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or a Notary Public (§ 41-41-205(2))
Durable (Financial) Power of Attorney – The assignment of powers relative to one’s finances and property that continue even if the issuing party becomes debilitated.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended
General (Financial) Power of Attorney – Grants access to financial components of the principal’s life and ceases to resume should they die, revoke the authority, or become incapacitated (non-durable).
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended
Limited (Special) Power of Attorney – A flexible POA that can limit the authority to a very defined task, e.g., assigning a one-time transaction.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended
Minor Child Power of Attorney – Gives parents/guardians the opportunity to deliver parental authority to another individual so that they have the legal right to sign off on anything necessary for the child’s care.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of a Notary Public (§ 93-31-5(2))
Motor Vehicle Power of Attorney – Individuals who seek to have another person accomplish vehicle-related transactions on their behalf may do so by fulfilling the requirements of this form.
Download: PDF
Signing Requirements: Acknowledgment of a Notary Public
Real Estate Power of Attorney – A restrictive POA that only authorizes an agent to perform duties related to a property of interest.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Notary Public Recommended
Revocation of Power of Attorney – A notice served to an agent of an existing POA conveying the termination of the original document.
Download: PDF, Word (.docx)
Signing Requirements: Acknowledgment of Two (2) Witnesses and/or Notary Public Recommended
Tax Power of Attorney – A form commonly exercised by those who would like to designate an agent to file taxes in their name.
Download: PDF
Signing Requirements: Necessitates the signatures of the taxpayer(s) and their representative(s).