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:
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.
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.
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.