What Is a Minor (Child) Power of Attorney in Mississippi?
A Mississippi minor (child) power of attorney allows a parent or legal guardian to grant another adult temporary authority to care for their child. It allows them to delegate certain powers to the attorney-in-fact, the person receiving the authority. Note that a minor power of attorney in Mississippi does not transfer custody or end parental rights.
What a Mississippi Minor (Child) POA Can and Cannot Do
Mississippi law puts certain limits on the powers the agent can exercise while caring for the child. An attorney-in-fact can make the following decisions on behalf of the child under the power of attorney (MS Code § 93-31-5):
- Enroll the child in school
- Access school and education records
- Attend school activities and meetings
- Consent to medical and dental care
- Make day-to-day caregiving decisions
- Handle activities involving the child’s care and supervision
Under MS Code § 93-31-3, the agent cannot:
- Consent to marriage.
- Consent to adoption.
- Consent to an abortion.
- End parental rights.
- Transfer permanent custody of the child.
This form is only used for temporary caregiving arrangements and does not replace a court order or guardianship arrangement.
Mississippi Legal Requirements for a Minor (Child) Power of Attorney
Mississippi law sets specific rules for creating and using a minor (child) power of attorney form. Following these requirements can help schools, doctors, and other third parties accept the form without any delays.
Who Can Create the Form?
Under MS Code § 93-31-3, a parent or a legal guardian may create this form. The person creating the form must have legal authority over the child. Both parents must sign the form as long as they have joint legal custody over the child.
Who Can Be Appointed as an Attorney-in-Fact?
A parent or legal guardian can appoint an adult whom they trust. Often this can be a grandparent, another family member, or a close friend. They must choose someone who is responsible and capable of caring for the child.
Does the Form Need to be Notarized?
Yes, a Mississippi minor (child) power of attorney form must be notarized. Under Mississippi Code § 93-31-5, the parent or legal guardian must sign the form before a notary public. You can use Legal Templates’s free Mississippi notary acknowledgment form to complete this.
A Mississippi statutory form of power of attorney to delegate parental or legal authority works best for short-term caregiving needs. If a child needs long-term care or there is a custody dispute, guardianship may be a better option.
How Long Does a Mississippi Minor (Child) Power of Attorney Last?
A power of attorney for a minor (child) in Mississippi is valid for up to one year (MS Code § 93-31-3). Parents or legal guardians can choose a shorter period by listing the specific end date on the form.
Under MS Code § 93-31-7(b), the one-year limit does not apply when the parent or guardian is on active military duty. In these cases, the term of delegation may not exceed the term of active duty service plus 30 days.
If military deployment is the reason for the Mississippi minor (child) power of attorney, include the service member’s active-duty status and expected return date when possible.
How to Revoke a Mississippi Minor (Child) Power of Attorney
A parent or guardian may revoke a Mississippi minor (child) power of attorney at any time. Revoking the form ends the attorney-in-fact’s authority to act for the child. Parents and guardians should notify anyone relying on the form as soon as possible. It should also be filed with the same youth court as the original minor POA (MS Code 93-31-5(3)). You can use a Mississippi power of attorney revocation form to cancel the document.
Sample Mississippi Minor (Child) Power of Attorney
View a sample Mississippi minor (child) power of attorney form below to see how you can appoint an agent properly. Legal Templates’s customizable template helps you fill out this form quickly. Once you’re ready, use our step-by-step questionnaire to complete your form and download it in PDF or Word format.
