Mississippi Power of Attorney Form Create a Mississippi Power of Attorney Form

Mississippi Power of Attorney Form

Updated Jan 22, 2026
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A Mississippi Power of Attorney Form is a legal instrument that authorizes an appointed agent to act on behalf of a principal regarding property or health care.

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Poa Type

Select the type of authority you wish to grant. 'General' grants broad powers; 'Limited/Special' restricts authority to specific acts; 'Durable' remains in effect if the Principal becomes incapacitated; 'Springing' only becomes effective upon a specified event.

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MISSISSIPPI POWER OF ATTORNEY FORM

NOTICE TO THE PRINCIPAL:
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.

THIS POWER OF ATTORNEY DOES NOT AUTHORIZE YOUR AGENT TO MAKE MEDICAL AND HEALTH CARE DECISIONS FOR YOU.

IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.

I. DESIGNATION OF AGENT

This Mississippi General Durable Power of Attorney is entered into on .

I, , with a mailing address of (hereinafter referred to as the "Principal"), hereby appoint , with a mailing address of (hereinafter referred to as the "Agent"), as my attorney-in-fact to act for me and in my name, place, and stead.

III. GRANT OF GENERAL AUTHORITY

I grant my Agent and any Successor Agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act (Mississippi Code Title 87, Chapter 3).

(Initial or check the box next to each subject you want to include in the Agent's general authority. If you wish to grant all powers, check the box for "All Preceding Subjects").

IV. LIMITATIONS AND SPECIAL INSTRUCTIONS

My Agent's authority is subject to the following special instructions or limitations:

V. DURABILITY AND EFFECTIVE DATE

This Power of Attorney shall be construed as a Durable Power of Attorney. The authority granted in this Power of Attorney is intended to be durable and shall not be affected by my subsequent disability, incapacity, or incompetency, or by the lapse of time.

This Power of Attorney shall become effective: (Check one)

VI. RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my Agent, may rely upon the validity of this Power of Attorney or a copy of it unless that person knows it has terminated or is invalid. Any third party who acts in good faith reliance on this Power of Attorney shall be protected and held harmless to the fullest extent permitted by Mississippi law.

VII. ACCOUNTING AND COMPENSATION

My Agent shall keep a record of all receipts, disbursements, and transactions made on my behalf.

My Agent is entitled to: (Check one)

My Agent is entitled to reimbursement for reasonable expenses incurred on my behalf.

IX. GOVERNING LAW

This Power of Attorney shall be governed by, construed, and enforced in accordance with the laws of the State of Mississippi.

X. REVOCATION

I hereby revoke any and all prior Powers of Attorney regarding the subjects checked above, except for powers of attorney designated for health care decisions.

XI. SIGNATURE AND ACKNOWLEDGMENT

IN WITNESS WHEREOF, I have hereunto signed my name on the date set forth below.

PRINCIPAL

Signature: _________________________
Print Name: _______________
Date:
Address: _______________

WITNESSES

We, the witnesses, each sign our names to this instrument in the presence of the Principal. To the best of our knowledge, the Principal is eighteen years of age or older, of sound mind, and under no constraint or undue influence.

Witness 1
Signature: _________________________
Print Name:
Date:
Address:

Witness 2
Signature: _________________________
Print Name:
Date:
Address:

AGENT'S ACCEPTANCE OF APPOINTMENT

I, _______________ (Agent Name), have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that when I act as Agent:

  1. I shall act in the Principal's best interest, in good faith, and only within the scope of authority granted.
  2. I shall keep a complete and accurate record of all transactions entered into on behalf of the Principal.
  3. I shall avoid conflicts of interest that impair my ability to act impartially in the Principal's best interest.
  4. I shall disclose my identity as an Agent whenever I act for the Principal by writing or printing the name of the Principal and signing my own name as "Agent" or "Attorney-in-Fact."

AGENT

Signature: _________________________
Print Name: _______________
Date:

What is a Mississippi Power of Attorney Form?

A Mississippi Power of Attorney Form is a legal instrument that authorizes an individual, known as the agent or attorney-in-fact, to make decisions and act on behalf of another person, referred to as the principal. This document allows the designated representative to manage financial affairs, real estate transactions, business operations, or healthcare choices depending on the specific scope of authority granted. Residents of Mississippi utilize this agreement to ensure proper management of their affairs during periods of absence, illness, or incapacitation, thereby establishing a clear legal framework for substitute decision-making.

Types of Mississippi Power of Attorney Form

The state recognizes various forms of delegated authority, each designed to address specific needs and durations of validity. The specific language used in the document determines the extent of the agent's powers.

  • General Power of Attorney - Grants the agent broad authority to handle financial and legal matters for the principal. This authority typically terminates if the principal becomes incapacitated or passes away.
  • Durable Power of Attorney - Includes specific language stating that the agent's authority remains in effect even if the principal becomes mentally incompetent or incapacitated. This is commonly used for long-term estate planning.
  • Limited (Special) Power of Attorney - Restricts the agent's authority to specific tasks or a limited time frame. Common uses include handling a single real estate closing or managing business affairs while the principal is traveling.
  • Medical Power of Attorney (Advance Healthcare Directive) - Authorizes an agent to make healthcare decisions for the principal if they are unable to communicate their wishes. This document often includes instructions regarding life-sustaining treatments.
  • Minor (Child) Power of Attorney - Allows a parent or guardian to temporarily delegate parental rights regarding a child's education and medical care to another adult. This is often used when parents must be away for an extended period.

Legal Requirements and Validity

Mississippi adheres to specific statutory requirements to ensure a Power of Attorney (POA) is legally binding and enforceable. Failure to follow these protocols may result in third parties, such as banks or hospitals, refusing to honor the document.

  • Mental Capacity - The principal must be of sound mind and at least 18 years old at the time of signing. They must understand the nature and consequences of granting authority to an agent.
  • Notarization - Under the Uniform Power of Attorney Act adopted by Mississippi, the principal's signature must be acknowledged by a notary public to be presumed genuine. While witnesses are not strictly required for financial POAs, notarization is essential for real estate transactions.
  • Written Format - The authority must be granted in a written document. Oral authorizations are generally insufficient for significant legal or financial transactions.
  • Explicit Language for Durability - To create a Durable Power of Attorney, the document must contain words showing the intent for the authority to continue notwithstanding the principal's subsequent disability or incapacity.

Mississippi Statutory Regulations

The creation, execution, and interpretation of these documents are governed by specific titles and chapters within the Mississippi Code. These statutes provide the legal backbone for agency relationships in the state.

  • Miss. Code Ann. § 87-3-101 et seq. - Known as the Uniform Power of Attorney Act, this statute outlines the general provisions, duties, and powers associated with financial powers of attorney in Mississippi.
  • Miss. Code Ann. § 87-3-105 - Establishes the requirements for the valid execution of a power of attorney, emphasizing the need for proper acknowledgment.
  • Miss. Code Ann. § 41-41-201 et seq. - Governs the Uniform Health-Care Decisions Act, which details the requirements for Advance Healthcare Directives and the appointment of a healthcare surrogate.
  • Miss. Code Ann. § 93-31-1 et seq. - Addresses the authorization of temporary care for minors, allowing parents to delegate powers regarding their children.

How to Execute a Mississippi Power of Attorney

Completing this legal document requires attention to detail to ensure it accurately reflects the principal's wishes and complies with state law. The process involves several distinct stages.

Step 1: Selection of Agent - The principal must choose a trustworthy individual, typically a spouse, close relative, or friend, who acts in their best interest. Successor agents should also be identified in case the primary agent cannot serve.

Step 2: Drafting the Document - The principal selects the appropriate form based on the desired scope of powers. The document must clearly list which powers are granted, such as banking, real estate, or tax matters.

Step 3: Signing and Notarization - The principal signs the document in the presence of a notary public. The notary acknowledges the signature, which provides a presumption of genuineness under state law.

Step 4: Distribution and Storage - Copies of the executed form are provided to the agent and relevant third parties, such as financial institutions or medical providers. The original should be stored in a secure location.

Agent Responsibilities and Fiduciary Duties

Accepting the role of an agent imposes strict legal and ethical obligations. The agent operates under a fiduciary standard, meaning they must act with the highest degree of good faith.

  • Duty of Loyalty - The agent must act solely in the principal's best interest and avoid conflicts of interest. Self-dealing or using the principal's assets for personal gain is prohibited.
  • Record Keeping - Agents are required to maintain accurate records of all transactions, receipts, and disbursements made on behalf of the principal. These records may be subject to review by the principal or a court.
  • Compliance with Instructions - The agent must follow the specific instructions outlined in the Power of Attorney document. If instructions are not provided, the agent must act in accordance with the principal's known wishes or best interests.
  • Separation of Assets - The agent must keep the principal's property and funds separate from their own. Commingling funds is a violation of fiduciary duty.

Revocation of Authority

A principal retains the right to revoke a Power of Attorney at any time, provided they maintain the mental capacity to do so. Revocation effectively terminates the agent's authority to act.

  • Revocation Form - The most effective method is to execute a formal revocation document. This document states clearly that the previous Power of Attorney is no longer valid.
  • Notice to Third Parties - The principal must inform all relevant institutions, such as banks and healthcare providers, that the authority has been revoked. Without notice, third parties may continue to honor the agent's instructions in good faith.
  • Destruction of Copies - Retrieving and destroying old copies of the Power of Attorney helps prevent unauthorized use.
  • Automatic Termination - Authority typically ends automatically upon the death of the principal, unless the document specifies otherwise regarding post-death arrangements (which is rare for standard POAs).

FAQs

Recording is generally not required for a Power of Attorney to be valid between the principal and agent. Recording in the county chancery clerk's office is necessary if the agent will be handling real estate transactions, such as buying or selling property on behalf of the principal.
No, the authority granted under a standard or durable Power of Attorney terminates immediately upon the death of the principal. The executor or administrator of the estate assumes control of the principal's assets and affairs after death.
An immediate Power of Attorney becomes effective as soon as the principal signs the document. A springing Power of Attorney only becomes effective upon the occurrence of a specific event, typically the medical incapacitation of the principal as certified by a physician.
Mississippi law generally prohibits an agent from creating, amending, revoking, or adding codicils to the principal's will. The power to create a will is personal to the testator and cannot be delegated through a Power of Attorney.
Generic forms may be valid if they meet all specific Mississippi statutory requirements, including proper witnessing and notarization protocols. Using a form specifically designed for Mississippi law ensures compliance with the Uniform Power of Attorney Act and reduces the risk of rejection by third parties.

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