A Mississippi general power of attorney (GPOA) 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.
Authority (MS Code § 87-3-107) – The decisions the attorney-in-fact makes have the same weight as the decisions the principal makes. However, the principal retains final control over their financial affairs.
Signing Requirements (Title 87, Chapter 3) – The Uniform Durable POA doesn’t mention any signing requirements except for the principal’s signature. However, on the proposed House Bill 468, state law would require the presence of a notary public when the principal signs the document.
Presumption of Durability (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.