A Mississippi Power of Attorney (POA) is a legal document that authorizes an appointee (“agent”) to act or take decisions on behalf of the donor (“principal”).
For example, an agent may be appointed by a power of attorney in Mississippi to make decisions for the principal on real estate, finances (access to bank accounts), medical care, or execute a contract.
It is common for a principal to choose a trusted person or close associate as an agent, knowing the sensitivity or significance of the matter the agent gets to make a decision on. A power of attorney also proves to private and public institutions that the agent has the requisite authority to make and sign documents on behalf of the principal.
Reasons for Having POA in Mississippi
The principle of legal age or corporate entity can create a Mississippi power of attorney because the activity or decision requires technical capacity i.e., they are not professionals in that field (e.g., real estate). Other reasons for having a Mississippi power of attorney include:
- where the principal is at an old age or diagnosed with a health condition capable of affecting their ability to make decisions
- where the principal will be out of town
- if the principal is relocating to a residential care facility or abroad; or (mentally/physically) capable of taking a decision or necessary actions on the subject matter.
- The principal wants to entrust their affairs to a close friend or associate
It is advisable that every person who is of legal age must have a power of attorney in place in the event they can no longer make such decisions in the right frame of mind.
Types of Power of Attorney
There are different types of power of attorney in Mississippi that is suitable for different scenarios. The types of Mississippi POA forms include:
Advance Health Care Directive
This power of attorney form is designed to appoint a person as an agent responsible for making medical decisions on behalf of the principal in the state of Mississippi.
Relevant Law: MS Code § 41-41-205 (2019)
Conditions for valid signature: Two witnesses (who are not healthcare providers nor related by
blood, marriage or adoption to the principal or a beneficiary to their estate)
Download: Microsoft Word (.docx)
Durable Power of Attorney
This type of Mississippi POA ensures that the agent retains the granted powers even when the principal becomes incapacitated. The form must contain 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 that convey the intent of the principal.
Relevant Law: MS Code § 87-3-107 (2019)
Conditions for valid signature: Acknowledgment by a notary public
Download: Microsoft Word (.docx)
General Power of Attorney
This POA grants powers to the agent over a broad scope of the principal’s affairs, including financial decisions in Mississippi. However, unlike the durable POA, it becomes invalid if the principal becomes incapacitated or dies.
Relevant Law: In General (§§ 87-3-1 — 87-3-17)
Conditions for valid signature: Acknowledgement by a notary public (recommended)
Statutory Form: General POA (for real estate conveyance)
Download: Microsoft Word (.docx)
Medical Power of Attorney
A principal can use a medical power of attorney to appoint a trusted friend or relative to decide their healthcare if they become physically or mentally incapacitated.
Relevant Law: MS Code § 41-41-205 (2019)
Conditions for valid signature: Two witnesses (who are not healthcare providers nor related by
blood, marriage or adoption to the principal or a beneficiary to their estate); or
Acknowledgment by a notary public
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
When a person desires to grant physical custody to another, a power of attorney can also be executed to enable the guardian to make certain decisions in the child’s interest.
Relevant Law: MS Code § 93-31-5 (2020)
Conditions for valid signature: Acknowledgment by a notary public
Statutory Form: POA Form
Download: Microsoft Word (.docx)
Limited Power of Attorney
A Mississippi limited power of attorney is used for specific situations, enabling a representative to complete an activity on the principal’s behalf. Examples include completion of a business deal, legal formalities, or real estate transactions in the absence of the principal or in instances where the principal is unskilled (real estate).
Relevant Law: Varies, depending on the subject matter. (See In General (§§ 87-3-1 — 87-3-17); MS Code § 87-3-107 (2019))
Conditions for valid signature: Acknowledgment by a notary public
Statutory Form: Varies, depending on the subject matter. (See General POA (for real estate conveyance))
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
As the name suggests, this power of attorney appoints an agent to make real estate decisions, transactions, or formalities.
Relevant Law: Miss. Code § 87-3-9
Conditions for valid signature: Acknowledgment by a notary public (highly recommended; in some cases, mandatory)
Statutory Form: Real Estate POA Form
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
The Mississippi revocation of POA form is used to cancel or withdraw the powers granted to an agent, i.e., it is used to revoke the power of attorney while in operation or before it becomes effective.
Conditions for valid signature: Acknowledgment by a notary public (recommended)
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form 21-002)
This type of POA is formed to enable your tax professional to file tax returns on your behalf or make representations at the tax office.
Conditions for valid signature: Principal only
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form 78-003-10-1-1-000)
There is a POA for almost everything you might need someone else to do on your behalf, including completing the titling and registration of a newly bought vehicle.
Conditions for valid signature: Notary public
Download: Microsoft Word (.docx)
Springing Power of Attorney
This power of attorney will only become effective upon a set date or when an event occurs, or when a condition is performed. For instance, a Mississippi springing power of attorney may become effective only when the principal becomes mentally incapable of making decisions.
Conditions for valid signature: Acknowledgment by notary public (recommended)
Download: Microsoft Word (.docx)
Governing Laws
There are statutory regulations on powers of attorney given in Mississippi for healthcare directives. The laws regulating healthcare power of attorney are summarized below:
Mississippi Code Title 41, Chapter 41, Sections 201 to 229: Uniform Health-Care Decisions Act
This law regulates consent and grant healthcare decisions to the agent on behalf of the principal for a power of attorney form in Mississippi. Here are things to note about a healthcare directive in Mississippi:
Specific powers of agent and life-prolonging acts: A duly appointed agent can consent, abstain from consent, or withdraw consent to a diagnosis, treatment, or care for the principal.
Revocation of durable power of attorney: This power of attorney may be revoked by a subsequent POA or notifying the agent or healthcare provider of such revocation or by lapse of the duration of the POA.
Where there is a divorce or legal separation, there is an automatic revocation of the former spouse as the health care agent.
Validity of out-of-state power of attorneys: A healthcare power of attorney is valid even if created in another state.
If the physician is unwilling to follow durable power of attorney: In case a doctor or physician cannot follow a patient’s wishes according to the durable power of attorney, they must inform the principal and the agent so that the concerned party can be referred to another doctor who can act according to the need.
Immunity for Attending physician: The doctor or physician isn’t subjected to civil, professional, and criminal responsibility for their actions if they are willing to act in good faith on a health care decision as directed by an agent in a durable power of attorney.
Mississippi Durable Power of Attorney Act, Sections 87‐3‐101 – 113: Uniform Durable Power of Attorney Act
This statute regulates the grant of durable power of attorney by providing the form and conditions for which it can be valid in Mississippi.
Editable Forms
A Mississippi power of attorney form allows persons to accomplish several tasks through agents either in their absence or incapacitation or just because they desire to. It is best to appoint trusted persons or close relatives when choosing an agent, especially for advanced health care directives or financial decision-making.
Following are free customizable forms:
Mississippi Power of Attorney Requirements
The following are required for a power of attorney to be valid in Mississippi:
- The date of execution (if excluded, the power of attorney becomes effective once signed)
- Names and addresses (and other contact information) of the principal and the agent
- The scope of powers granted to the agent
- Duration of the powers (if you do not include this, the POA will be deemed as a durable POA)
- Other conditions or clauses, if any
- Revocation of previous power of attorney on the subject matter, if any
- Signature of the principal
- Acknowledgment by witnesses or seal of a notary public
How to Get Power of Attorney in Mississippi?
You can get a valid Mississippi power of attorney by following these simple steps:
- Select the type of POA form you want to use
- Complete the online form with the details of the principal, agent, and the powers granted
- Share it with an attorney to review and make comments
- Download and have the principal sign the form in front of witnesses or a notary public
Frequently Asked Questions
Yes, this is advisable.
While the language in a selected online POA form may look simple and easy to understand, the legal implications may be far-reaching due to legislative and judicial interpretations. A lawyer is skilled at recognizing words and phrases that may negatively affect you or your interests in the short or long term.
Getting a Mississippi power of attorney prepared by a lawyer may cost between $200 – $500.
You should take the following steps:
-Download it in Word or PDF format
-Ask an attorney to review it
-Get the principal (who must be mentally conscious of their decision) to sign it before two witnesses or a notary public
-Send copies to affected parties (e.g., financial institutions, your clinic)
-Record or file the POA at the County office
A Mississippi power of attorney may either be witnessed OR notarized. You will need to record the POA at the County office for real estate transactions.
