Durable Power of Attorney Form | Mississippi

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Updated on May 5th, 2023

A Mississippi durable power of attorney form authorizes an individual to run the principal’s financial affairs if they become incapacitated and unable to do so for themselves. Ideally, the representative should be available locally and be able to deal face-to-face with banks, government agencies, creditors, and debtors on the principal’s behalf. An alternative or secondary agent should also be selected in case the first choice turns out to be unavailable when needed.

Unless otherwise expressed in the “Special Instructions” section of the form, the power of attorney is effective immediately. It should be mentioned that if the principal’s spouse is appointed as their agent, the contract is not automatically voided upon divorce.

Laws

  • “Durable” Definition (§  87-3-101) –  A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or “This power of attorney shall become effective upon the disability or incapacity of the principal,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.
  • Statute§  87-3-101 to § 87-3-113 (Uniform Durable Power of Attorney Act)
  • Signing Requirements (§ 87-3-1) – Notary public.