The Mississippi durable power of attorney is a formal legal agreement where a person (known as the “principal”) designates another individual (called the “agent” or “attorney-in-fact”) to oversee their financial matters. This document retains its validity even if the principal loses the ability to make decisions independently due to mental or physical impairments. The durable POA in Mississippi must be properly drafted to comply with state law.
The document grants the agent the authority to handle tasks such as paying bills, managing bank accounts, investing money, handling real estate transactions, and performing other financial actions on behalf of the principal. The “durable” aspect of this power of attorney means that the agent’s power remains in force under circumstances where the principal can no longer act due to incapacity, unlike a non-durable power of attorney, which would automatically end in such situations.
You can also find Mississippi POA forms online to make it easy to designate someone to manage your legal affairs for all of your cases.
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In Mississippi, a durable power of attorney is crucial for ensuring that an individual’s financial and legal affairs can be managed during incapacity. Defined under § 87-3-105 of the Mississippi Annotated Code, a DPOA is a formal written document granting an agent the authority to act on the principal’s behalf. This authority remains unaffected by:
An authority can also be confirmed by specific phrases in the document, such as, “This power of attorney shall not be affected by subsequent disability or incapacity of the principal” or “This power of attorney shall become effective upon the disability or incapacity of the principal.”
Furthermore, § 87-3-107 confirms that any actions the attorney-in-fact takes while the principal is disabled hold the same legal weight as if the principal were able to make those decisions themselves. Lastly, § 87-3-111 extends the durability of a power of attorney beyond the principal’s death, provided the agent remains unaware of the principal’s passing and acts in good faith. Actions taken under these circumstances are binding on the principal’s successors, ensuring that all decisions are valid and enforceable.
| Document Name | Mississippi Durable Power of Attorney Form |
| Other Names | Mississippi Financial Durable Power of Attorney, MS DPOA |
| Relevant Laws | Mississippi Annotated Code, Section 87-3-105 |
| Signing Requirements | Notary Public |
| Avg. Time to Fill Out | 10 minutes |
| # of Fillable Fields | 37 |
| Available Formats | Adobe PDF |
Popular Local Durable POA Forms
Durable POA documents are used in each and every state. Take a look at other popular DPOA forms frequently filled out by Americans.
Completing the Mississippi durable power of attorney form with careful attention to each step ensures that your financial matters will be handled according to your wishes, even if you cannot manage them yourself.
Begin by entering your full name and current address in the designated spaces at the top of the document. This identifies you as the principal granting the powers contained in the form.
Identify the person appointed as your attorney-in-fact or agent by writing their full name and address. This individual will be authorized to act on your behalf according to the powers you grant.
You must initial next to each specific power you wish to grant your agent. These powers range from real property transactions (A) to tax matters (M). If you prefer to grant all listed powers, simply initial next to option (N), which states “ALL OF THE POWERS LISTED ABOVE,” and ignore the other lines.
If specific powers or limitations are not covered by the standard form you wish to include, detail these under the SPECIAL INSTRUCTIONS section. This field could include additional powers under HIPAA or other specifics regarding your financial management preferences.
Choose when you want this power of attorney to become effective. You can select for it to be effective immediately, from a specific future date, or only upon your incapacitation. Initial your choice accordingly.
If your initially appointed agent is unable or unwilling to serve at any point, you may designate a successor by entering their name and address under the “Successor Attorney-in-Fact” section.
After filling out all necessary sections of the form, sign and date the document in the presence of a notary public. This formalizes the power of attorney and ensures it is legally binding.
The final step is to have the form notarized. A notary public must witness your signature and verify your identity. Once notarized, your power of attorney becomes a legally enforceable document.
