A Mississippi power of attorney is a document that gives an individual (the “agent”) the legal authority to act on behalf of someone else (the “principal”). This authority can be given over finance, property, or medical decisions.
Laws
Statute: Mississippi Code, Title 87, Chapter 3.
By Type
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).
