A Mississippi power of attorney is a legal document that authorizes an agent to act on behalf of a principal.
The agent is granted the authority to make decisions in the principal’s best interest in various areas, such as financial, legal, and healthcare matters.
The purpose of creating a power of attorney is to provide a mechanism for individuals to appoint someone they trust to act on their behalf when they are unable to do so themselves. This can occur for various reasons, such as being out of the state or country, suffering from an illness, or lacking the mental capacity to make decisions.
Types of Power of Attorney in Mississippi
Mississippi Durable (Statutory) Power of Attorney Requirements
The Mississippi durable power of attorney grants the agent authority that is not limited by time or the principal's incapacity. Even after the principal becomes incapacitated, the agent remains authorized to act on their behalf. (87‐3‐101)
Mississippi General (Financial) Power of Attorney Requirements
A general power of attorney grants broad authority to the agent (attorney-in-fact) to act on behalf of the owner in various matters related to their personal, financial, and business affairs. (sec 201)
Mississippi Limited (Special) Power of Attorney Requirements
Unlike a general, a limited power of attorney grants the agent the authority to act only on specific matters pertaining to the principal designated in the document. This provides greater control and specificity for the principal over the agent's actions.
Mississippi Parental (Minors) Power of Attorney Requirements
A Mississippi parental power of attorney allows an attorney-in-fact to take care of a minor child's care, custody, and property in the absence of their parent or legal custodian, but for a maximum duration of one year. (sec 93-31-5)
The attorney cannot consent to marriage, adoption, abortion of a minor, or termination of parental rights.
Mississippi Medical Power of Attorney Requirements
A Mississippi Medical Power of Attorney grants an agent the authority to make healthcare decisions on behalf of a principal.
This power of attorney generally takes effect when the principal becomes unable to make decisions on their own due to illness, injury, or incapacity.
Mississippi Springing Power of Attorney Requirements
This type of power of attorney only comes into effect when a specific event or situation, as defined in the springing power of attorney, occurs.
Mississippi Vehicle Power of Attorney Requirements
With a Mississippi power of attorney, the principal authorizes an agent to handle various motor vehicle-related actions on behalf of the principal, like titling and registration.
Mississippi Revocation Power of Attorney Requirements
This type of power of attorney allows the principal to revoke a previously executed power of attorney. With this document, the principal revokes the agent's power to represent them.
Mississippi Tax Power of Attorney Requirements
This power of attorney type allows the agent or attorney-in-fact to act on behalf of the principal in tax-related matters, including preparing and filing tax returns, paying taxes, collecting refunds, and contesting tax deficiencies. (sec 216)
Mississippi Real Estate Power of Attorney Requirements
By granting powers, the principal is allowing the agent to act as their representative in a wide range of real estate transactions and dealings, such as the ability to buy, sell, lease, develop, partition, pledge, mortgage, release, and enforce the principal's real property interests. (sec 204)
Legal Requirements for a Power of Attorney in Mississippi
Make sure that your power of attorney meets the following requirements for it to be valid and legal:
Mental capacity. The principal can grant powers only if they are fully mentally capable.
Principal’s signature. A power of attorney must be signed by the principal or, in the principal's conscious presence, by another individual directed by the principal. (sec. 105)
Who Can Be an Agent for a Power of Attorney in Mississippi?
An agent can be any adult who is of sound mind, has the principal's trust, agrees to represent the principal's interests, and acts in good faith and in the principal's best interest.
The agent is typically a family member, a close friend, or an attorney. However, it should be a person who is competent to act on the principal's behalf.
How to Create a Mississippi Power of Attorney
Power of Attorney in Mississippi
#1. Decide on Which Type of Document to Use
The type of power of attorney depends on the powers delegated to the agent. Therefore, consider the desired actions and choose the appropriate type of power of attorney accordingly.
#2. Select an Agent
Someone you have faith in should act as your agent and advocate on your behalf. This person must be qualified to represent you and should possess knowledge of the assigned fields.
#3. Define the Agent’s Powers
Within your power of attorney, specify the agent's authority. This way, you set limits for the agent and avoid potential misunderstandings and overruns of the agent's activities.
#4. Download & Fill in Our Form
Download our customizable form and fill in the necessary details to ensure that you have the power of attorney you need when you need it.
#5. Get It Signed & Notarized
To ensure that a power of attorney is legally valid, it is essential for the principal to sign the document. This step confirms the content of the power of attorney and validates the authorization granted to the agent.
#6. Safely Store the Original Copy
For safekeeping, please retain the original power of attorney in a secure location. Additionally, keep the original document on hand in the event that any modifications or duplicates are necessary.
#7. Provide Copies to Relevant Parties
To prove the agents' authority to act on the principal's behalf, provide them with copies of the power of attorney. This enables the agent to demonstrate their authorization whenever necessary.
#8. Update the Document as Needed
If your current power of attorney does not cover certain agent powers or requires updates to its terms, you can modify it with new revisions.
This allows you to adjust the power of attorney to your current needs and ensure that your agent has the appropriate authority.
How Long Does a Power of Attorney Last in Mississippi?
A Mississippi power of attorney is effective from the moment the principal signs it as well as from some future event that the principal specifies in the power of attorney.
The effect of a durable power of attorney does not depend on the time factor or the principal’s incapacity but produces an effect until the death of the principal or agent.
On the other hand, a nondurable power of attorney terminates when the principal or agent dies, becomes incapacitated, revokes or cancels the power of attorney, or when the purpose of the power of attorney is accomplished.
Mississippi Power of Attorney FAQ
You use a power of attorney when you cannot act on your behalf and represent your best interests, so you grant someone else the authority to do so.
A power of attorney grants legal authority to someone else to act on the principal's behalf in areas defined by the power of attorney. These may include managing financial affairs, making medical decisions, or conducting legal transactions.
In Mississippi, a power of attorney is not required to be notarized to be valid. However, it is advisable to notarize a power of attorney for additional assurance.
Yes, you do, because a power of attorney only gives another person the legal ability to act on your behalf during your lifetime; it does not dictate what happens to your property after your death.