A Mississippi durable power of attorney is a written document that lets a principal name an agent to handle financial matters. Mississippi Code Annotated Section 87-3-105 keeps that authority in effect if the principal later becomes unable to make financial decisions, as long as the document uses the statute’s durability language or similar wording.[4] That sets it apart from a standard power of attorney, which ends when the principal becomes incapacitated. Mississippi does not require a special form, only that the document plainly state the authority granted.[3.1]
Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Mississippi law. If you notice an error or outdated information, please contact us.
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Mississippi Code Annotated Section 87-3-105 defines a durable power of attorney as a written document naming an agent whose authority continues despite the principal’s later disability or incapacity. The authority also continues despite the passage of time, as long as the document includes the statute’s durability wording or similar language.[4] This authority remains unaffected by:
This intent can also be shown with specific phrases in the document, such as those quoted below.
“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.”
A Mississippi durable power of attorney is also called a financial power of attorney or an attorney-in-fact designation. Mississippi recognizes several kinds of powers of attorney, including a separate one for health care decisions, and this guide covers only the durable, financial kind. Without the durability wording required by Section 87-3-105, the document is treated as a standard, non-durable power of attorney instead.
Mississippi does not require a durable power of attorney to follow a particular form. Under Section 87-3-7, a letter of attorney to transact any business need only plainly state the authority given.[3.1] Mississippi also has no statute that addresses who may sign the document on the principal’s behalf if the principal cannot sign personally.
Mississippi law does not set a general signing formality for this document. Under Section 87-3-1, a power of attorney used in this state may be acknowledged or proved the way conveyances of land are required to be. Once acknowledged, it may be recorded the same way.[2]
That kind of acknowledgment, meaning notarization, is only necessary if you plan to record the document, such as for a real estate transaction. In practice, many banks and title companies still ask for a notarized document before they will honor it, so notarizing is common even when the law itself is silent on it.
| 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 | Notarization, required only to record the document |
| 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.
To revoke a Mississippi durable power of attorney, the principal signs a written revocation. Under Section 87-3-17, once the revocation is acknowledged the same way a deed is acknowledged, it may be recorded in the office where the original power of attorney was recorded. It takes effect once it is filed there.[1]
Unless the document states its own end date, a durable power of attorney remains exercisable no matter how much time passes after it is signed, under Section 87-3-107.[5]
Under Section 87-3-111, the principal’s death does not by itself end a power of attorney, durable or not. If an agent acts in good faith without actually knowing the principal has died, those actions remain valid. Unless otherwise invalid or unenforceable, they bind the principal’s successors in interest.[3.2]
The same protection covers a non-durable power of attorney. Acts an agent takes in good faith before learning the principal has become incapacitated remain valid, and they bind the principal and the principal’s successors in interest.[3.2]
Follow these steps to complete the Mississippi durable power of attorney form, which has 37 fillable fields across five pages. Each step below matches a section of the form in the order it appears.
Enter your full name and address as the principal, then the full name and address of the person you are appointing as your attorney-in-fact or agent.
This is where you decide exactly what your agent can do on your behalf. Initial next to each power you want to grant, lettered (A) through (M). These cover areas such as:
Initial (N) alone, which states “ALL OF THE POWERS LISTED ABOVE,” to grant every power instead of initialing each one individually.
Review the special instructions clauses already printed on the form, covering HIPAA authorization, claims and litigation, retirement plan transactions, and digital assets. These clauses apply automatically. There is no blank line to add your own instructions here.
Initial one of three options for when the power of attorney takes effect: immediately, on a specific future date, or only once you become incapacitated.
If you want a backup agent in case your first choice cannot serve, enter that person’s full name and address in the successor attorney-in-fact section.
Fill in the day, month, and year, then sign and print your name in the spaces provided.
Sign the acknowledgment on page 5 in front of a notary public, who completes the county, date, and officer information. This step is required only if you plan to record the document, such as for a real estate transaction.[2]
Once you download the Mississippi durable power of attorney PDF, fill it in and sign it using our online PDF editor. You can also print it and complete it by hand.
A Mississippi durable power of attorney is a written document that lets a principal appoint an agent, or attorney-in-fact, to manage financial and legal matters. Under Section 87-3-105, the agent’s authority continues even after the principal becomes disabled or incapacitated, as long as the document includes the statute’s durability wording or similar language showing that intent.[4]
To qualify as durable under Mississippi law, the document must:
Mississippi has no statute that addresses who may sign the document on the principal’s behalf if the principal cannot sign personally.
Yes. Section 87-3-105 states that a durable power of attorney remains in effect despite the principal’s later disability or incapacity, provided the document contains the statute’s durability language or wording that shows the same intent.[4] Without that language, the authority ends when the principal becomes incapacitated, the way a standard power of attorney would, leaving no one authorized to make financial decisions on the principal’s behalf.
For a durable power of attorney specifically, yes. Section 87-3-105 defines it as a power of attorney the principal grants in writing, containing the statute’s durability wording.[4] Mississippi’s power of attorney statutes generally treat this kind of document as a written instrument, sometimes called a letter of attorney.[3.1]
General information, not legal or tax advice.
