What Is a Mississippi Power of Attorney?
A power of attorney authorizes someone you trust to make critical decisions on your behalf. When you grant a power of attorney, the named person becomes your “agent.” They can take action to protect your interests. You are the “principal” or the person granting the authority.
Having a durable power of attorney is useful for estate planning. If you ever become incapacitated, your agent can pay your bills, file your taxes, and represent you in legal affairs. Without a power of attorney, family members may not have the authority to act for you.
Mississippi power of attorney rules require a principal to have the physical and mental capacity for a valid agreement. It’s not possible to create a binding power of attorney once the principal becomes incapacitated.
Types of Powers of Attorney in Mississippi
Mississippi provides two primary types of power of attorney under the Uniform Power of Attorney Act: durable and non-durable. You may grant an agent additional powers with a medical or financial power of attorney.
Durable vs. Non-Durable POAs
A durable power of attorney in Mississippi remains valid even if you become incapacitated. That’s different from a non-durable power of attorney, which ends upon your incapacitation or a specified termination date.
To create a durable power of attorney, use clear language to state your wishes. A statement like “This power of attorney is not affected by the principal’s subsequent disability or incapacity” makes the document durable. Per MS Code § 87-3-105, Mississippi does not consider a power of attorney durable by default.
Because of their long-term nature, durable powers of attorney are common estate planning tools. In the event that you can’t make general decisions for yourself toward the end of your life, your agent can step in to make them for you.
A non-durable power of attorney is useful for short-term needs. For example, you might appoint a spouse to oversee your affairs while you’re stationed overseas for military service. A non-durable power of attorney ends if you become incapacitated or according to the terms you specify in the document.
Medical/Healthcare POA
A medical power of attorney authorizes someone you trust to make healthcare decisions for you if you can’t. That’s different from a living will, which states your treatment wishes if you’re unconscious and unlikely to recover.
You can combine a medical power of attorney in Mississippi and a living will into an advance health care directive. This document gives a trusted individual control over your medical treatment decisions when you’re disabled or incapacitated. However, if healthcare providers don’t expect a recovery, the appointed agent’s power ends. Doctors follow your wishes stated in the advanced health care directive concerning end-of-life treatment.
Financial POA
A financial power of attorney in Mississippi gives someone authority to act for you in monetary matters. You can use it for specific activities, such as:
- buying or selling real estate
- managing a bank account
- overseeing investments
Durable (Financial)
Continues in place if the principal becomes incapacitated.
Signing Requirements: Notary public.
Medical
Appoints an agent to make medical decisions for you if you become incapacitated.
Signing Requirements: Two witnesses or a notary public (§ 41-41-205).
Limited (Special)
Allows you to give powers to an agent for a specific task (such as signing paperwork), and usually ends when the agent has completed the task.
Signing Requirements: Notary public.
Non-Durable (General)
Gives the agent authority to make financial decisions on behalf of the principal.
Signing Requirements: Notary public.
Springing
Takes effect at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Motor Vehicle (Form 78-003-21-8-1-000)
Enables your agent to make decisions or sign on your behalf when making transactions regarding motor vehicles.
Signing Requirements: Notary public.
Tax (Form 21-002-13)
Appoint up to three individuals to represent you before the Mississippi Department of Revenue.
Signing Requirements: Taxpayer(s) and representative(s).
Real Estate
Appoint a trusted person to manage specific real estate decisions on your behalf.
Signing Requirements: Notary public (recommended).
Minor (Child)
Designate someone to make decisions about your child's education, healthcare, and travel for up to a year, excluding major life decisions.
Signing Requirements: Notary public.
Revocation
Used to cancel a previously granted power of attorney.
Signing Requirements: Notary public or two witnesses (recommended).
How to Write a Power of Attorney for Mississippi
A valid Mississippi power of attorney includes a few key components.
- Agent: The person named to handle your affairs.
- Specified Powers: The authority provided to the agent.
- Limitations: Any restrictions on the agent’s authority.
- Date: An effective date for the document.
- Valid signature: A principal’s signature.
If you want to make the power of attorney durable, include a statement declaring your intent to meet Mississippi’s requirements.
Our document editor includes all the fields you need to create a durable or non-durable power of attorney that is legally binding and valid in Mississippi. Fill yours out today and download a copy as a PDF or Word file.
Legal Requirements and Considerations for Mississippi POAs
Mississippi power of attorney requirements include specific conditions for length, end, and revocation. Keep these factors in mind as you draft your document.
Duration
A power of attorney becomes effective when you sign it unless you include terminology stating otherwise. If you want the document to execute in the future, you may indicate a specific triggering event or date. Examples of a triggering event include a military deployment or incapacitation. Some legal professionals refer to a “defined event” power of attorney as a springing POA.
A non-durable power of attorney ends when you become incapacitated. A durable power of attorney lasts until you die, revoke it, or terminate the agent’s authority. Per MS Code § 87‐3‐107, a durable POA is not affected by the passage of time, disability, or incapacity. If you prefer a short-term power of attorney, you can specify an end date.
Termination
As the principal, you retain the right to terminate a power of attorney as long as you’re not incapacitated. That might be necessary if you want to change your agent or update the document’s conditions. Other reasons for termination include:
- You become incapacitated and don’t have a durable power of attorney.
- You specify an end date for the document.
- Your agent fulfills the purpose of the power of attorney.
- Your agent dies, and you don’t name a replacement in the power of attorney document.
- You name your spouse as the agent but later take action to legally separate or divorce.
Any type of power of attorney—non-durable or durable—automatically terminates if you die.
If you want to terminate an existing power of attorney, notify the agent and any other involved parties with a written notice. Confirm the notice’s delivery to the agent to terminate its authority. The agent may continue to act on your behalf prior to being notified of the revocation.
Revocation
Revocation of a power of attorney occurs when you notify the agent of your decision in a written and signed notice under MS Code § 87-3-111. Share a copy of the notice with any applicable third parties named in the agreement.
Under state law, an agent can continue to act in good faith on your behalf until they receive a formal revocation notice.
Filing
Generally, you won’t need to file a power of attorney with the authorities. However, if you established the arrangement for a real estate transaction, record the power of attorney at the local chancery clerk’s office.
Signing and Notarization
Mississippi requires a principal to sign their power of attorney. While notarizing your form is not required to get a power of attorney in Mississippi, it provides an extra layer of authenticity to the document. Some agencies may not accept a non-notarized power of attorney.
