A Mississippi non-durable (general) power of attorney is a legal document allowing the principal to designate a trusted individual to handle their financial affairs in their absence. The principal can outline specific financial duties and restrictions on what they’d like their attorney-in-fact to manage.
When using this non-durable form, all parties must acknowledge that the agent’s powers become ineffective if the principal becomes disabled or otherwise incapacitated. Use a durable power of attorney form if you want your agent to retain decision-making powers even when you can’t make decisions for yourself.
Laws — While there are no specific laws for non-durable powers of attorney, individuals can refer to Title 87, Chapter 3 (Uniform Durable Power of Attorney Act) for guidance.
Durable (MS Code § 87-3-105) – Mississippi doesn’t have presumed durability for its powers of attorney. Principals must specify that they intend to make their document durable with intentional language.
Signing Requirements (Title 87, Chapter 3)—The Uniform Durable POA doesn’t mention any signing requirements except for the principal’s signature. However, under the proposed House Bill 468, state law would require the presence of a notary public when the principal signs the document.
