Mississippi Limited Power of Attorney Form

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A Mississippi limited power of attorney is a written document that lets one person, the principal, give another person, the agent or attorney-in-fact, authority to act on specific matters only. The agent's authority stops at the tasks the document lists, which is what sets it apart from a general power of attorney. People use one to sell a car or sign closing papers while they are away. You can fill out our free Mississippi limited power of attorney form online and download it as a PDF.

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When to Use a Limited Power of Attorney in Mississippi

Use a limited power of attorney when someone should handle one defined job for you instead of running your affairs. You list the job on the form, and the agent has no authority beyond that list. A general financial power of attorney, by contrast, hands over broad authority. Common uses include:

  • Selling a car, boat or other property while you are out of town. For a vehicle, see the Mississippi motor vehicle power of attorney form.
  • Signing closing papers for a home purchase or sale you cannot attend.
  • Handling one bank account or one business matter for a set period.
  • Picking up documents or dealing with one agency for you.

The form lets you set an end date, so the authority stops when the job is done. If you need a different kind of document, browse all of our Mississippi power of attorney forms.

Mississippi Limited Power of Attorney Laws and Requirements

Mississippi requires no special form for a power of attorney, only a plain statement of the authority the agent is given.[3.1] A power of attorney may also be acknowledged or proved the way a conveyance of land must be, and once it is, it may be recorded the same way.[2]

…a letter of attorney to transact any business need only express plainly the authority conferred.

Miss. Code Ann. § 87-3-7

Duly certified copies of an acknowledged or proved power of attorney are admitted in evidence without accounting for the original.[2]

Mississippi has no statute that sets rules for how the principal signs a power of attorney, and none that sets a witness requirement. The form includes an acknowledgment page, so a notary can complete it when you sign.

Before you start, decide on these points, because the form asks for each one:

  • Who your agent is, and whether you want a successor agent.
  • The exact tasks the agent may handle.
  • Whether the document starts right away or on a set date.
  • How and when the document should end.

Keep the powers narrow. List each task on its own line under "purpose(s)", for example the sale of one named vehicle. The form itself states that the powers are limited to the purposes described on it.

Mississippi Limited Power of Attorney Form Details

Document NameMississippi Limited Power of Attorney Form
Other NameMississippi Special Power of Attorney
Relevant LawsMiss. Code Ann. §§ 87-3-1, 87-3-7, 87-3-17, 87-3-107 and 87-3-111
Avg. Time to Fill Out8 minutes
# of Fillable Fields32
Available FormatsAdobe PDF

Filling Out the Mississippi Limited Power of Attorney Form

The Mississippi limited power of attorney form has 32 fillable fields across three pages. You name the principal and the agent, list the tasks, choose when the power starts and ends, add a successor agent if you wish, sign, and complete the acknowledgment page. Fill it in on screen with our online PDF editor, or print it and write by hand.

The screenshots under each step show the FormsPal Mississippi limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.

  1. Principal and agent. Write your name and address after "I," and "currently residing at." Then write the agent's name and address in the appointment line that follows.
    Mississippi limited power of attorney: MISSISSIPPI LIMITED POWER OF ATTORNEY, filled with sample entries
    Step 1: sample entries, not a real document.
  2. Purpose(s). Use the lines under "purpose(s)" to describe each task the agent may handle. The printed SPECIAL INSTRUCTIONS text limits the agent to these purposes, so be specific.
    Mississippi limited power of attorney: purpose(s), filled with sample entries
    Step 2: sample entries, not a real document.
  3. Effective date. Initial one option. Either the document is effective immediately, or it is effective on a date you write in, with the year.
    Mississippi limited power of attorney: EFFECTIVE DATE, filled with sample entries
    Step 3: sample entries, not a real document.
  4. Termination date: written revocation. Initial one of the termination options. The first one, at the foot of page 1, ends the power once you have signed a written revocation.
    Mississippi limited power of attorney: TERMINATION DATE, filled with sample entries
    Step 4: sample entries, not a real document.
  5. Other termination options and successor agent. At the top of page 2, the remaining termination options are ending on a date or when you are determined to be incapacitated. Initial your single choice across both pages, and write the date if you pick one. Then name the agent and the alternate agent, with the alternate's address, in the Successor Attorney-in-Fact paragraph.
    Mississippi limited power of attorney: A WRITTEN REVOCATION, filled with sample entries
    Step 5: sample entries, not a real document.
  6. Signed this day. Fill in the day, month and year, sign on the signature line, and print your name below it.
    Mississippi limited power of attorney: Day, Month and more, filled with sample entries
    Step 6: sample entries, not a real document.
  7. Acknowledgment. The acknowledgment is the notary section on page 3. In front of the notary, fill in the county, the date, the officer's name and title, and your name as the person who appeared.
    Mississippi limited power of attorney: STATE OF MISSISSIPPI, filled with sample entries
    Step 7: sample entries, not a real document.
  8. Notary signature and seal. The notary signs beside "(seal)" and applies the official seal. You do not sign here.
    Mississippi limited power of attorney: Signature, filled with sample entries
    Step 8: sample entries, not a real document.

How to Sign and Use the Mississippi Limited Power of Attorney

Once the form is filled in, a few steps remain. Have the signature acknowledged, share copies with the people and organizations who will deal with your agent, keep the original safe, and record it if the agent will act on land. The steps below take you through them in order.

  1. Review every entry. Check that the names, addresses and tasks are correct and that you initialed one effective date option and one termination option.
  2. Have the signature acknowledged. A notary public completes the notary acknowledgment on page 3. Mississippi allows a power of attorney to be acknowledged or proved the way a conveyance of land is.[2]
  3. Record it if you choose to. Once acknowledged or proved, a power of attorney may be recorded the same way.[2]
  4. Give out copies. Give your agent a copy, and give copies to the banks or other organizations where the agent will act for you.
  5. Keep the original safe. Store it where you and your agent can find it when needed.
  6. End it in writing when the job is done. Sign a written revocation and give a copy to your agent and to everyone who holds a copy of the power of attorney. The revocation can be recorded too, as the last question below explains.

Tip: Ask the bank, title company or agency that will deal with your agent whether it wants anything extra before you sign. Some organizations have their own requirements for a power of attorney.

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Frequently Asked Questions

These answers cover what happens to a Mississippi power of attorney when the principal dies or becomes incapacitated, how long it lasts, and whether a revocation can be recorded.

Does a Mississippi power of attorney end when the principal dies?

Not always right away. A principal's death, whether the power is durable or not, does not end the agency for an agent or other person who acts in good faith under the power without actual knowledge of the death. Any action taken that way, unless otherwise invalid or unenforceable, binds the principal's successors in interest.[3.2]

What happens if the principal becomes incapacitated?

If a power of attorney is not durable, the principal's disability or incapacity does not end it for an agent or other person who acts in good faith under the power without actual knowledge of the disability or incapacity. Any action taken that way, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.[3.2]

Does a Mississippi power of attorney expire after a set time?

For a durable power of attorney, unless the document states a time of termination, the power stays usable no matter how much time has passed since it was signed.[4] Our form has a termination date line, so you can state the end point yourself.

Can a revocation of a power of attorney be recorded in Mississippi?

Yes. A writing that revokes a power of attorney may be recorded, and the statute sets three points:[1]

  • The revocation is acknowledged or proved the way a conveyance of land is.
  • It is recorded in the office where the power of attorney itself was recorded.
  • It takes effect from the time it is filed for record.

General information, not legal or tax advice.

Sources

  1. Miss. Code Ann. 87-3-17.
  2. Miss. Code Ann. § 87-3-1.
  3. Miss. Code Ann. §§ 87-3-7 to 87-3-111.
    • 3.1 § 87-3-7
    • 3.2 § 87-3-111
  4. Miss. Code Ann. § 87-3-107.
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.