The Mississippi minor child power of attorney (POA) allows a parent or legal guardian to grant temporary decision-making authority over their child to another adult. This form of power of attorney is useful when the primary parent is unavailable due to military deployment, long-term travel, illness, or incarceration.
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Under Mississippi Code § 93-31-3, a parent or legal guardian can delegate caregiving powers to another individual via a POA, adhering to specific limitations and conditions. A power of attorney enables a parent to assign various responsibilities concerning the child’s care and custody. However, it explicitly prohibits the delegation of rights to consent to the child’s marriage or adoption, authorize an abortion, or terminate parental rights. Key restrictions and requirements include:
Further stipulations include the parent’s ability to revoke the power of attorney at any time, which mandates the child’s return to their custody. The Mississippi POA form must also be notarized to be valid.
Document Name | Mississippi Minor Child Power of Attorney Form |
Other Name | Mississippi Temporary Guardianship Form |
Relevant Laws | Miss. Code Ann. § 93-31-3 |
Duration | One Year |
Avg. Time to Fill Out | 15 minutes |
# of Fillable Fields | 51 |
Available Formats | Adobe PDF |
In Mississippi, you can use a statutory form to delegate parental or legal custodian powers (Miss. Code Ann. § 93-31-5). Below is a step-by-step guide on how to fill it out.
1. Verify Your Authority
Begin by confirming your status as the parent or legal custodian of the minor child or children. You’ll need to provide the full name and date of birth for each child under your custody.
2. Appoint Your Attorney-in-Fact
Designate a trusted individual as the attorney-in-fact for your child or children. This designation requires you to fill in the attorney-in-fact’s full name, address, and contact numbers.
3. Specify Powers Granted
Choose between two options for delegating powers. Option (a) allows you to delegate comprehensive caregiving powers except for consenting to marriage or adoption, abortion, or termination of parental rights. Option (b) lets you specify particular powers and responsibilities. Make sure to fill in the details clearly if you choose the latter.
4. Define the Duration
Indicate the time frame for which the power of attorney will be effective. If you are not a serving parent, the power of attorney cannot exceed one year. If you are a serving parent, the period can be extended for the duration of your service plus thirty days.
5. Execution by the Parent or Legal Custodian
As the parent or legal custodian, sign the form to confirm the delegation of powers to your designated attorney-in-fact.
6. Acceptance by the Attorney-in-Fact
The designated attorney-in-fact must sign the form to accept the responsibilities being delegated.
7. Agency Verification
If applicable, an agency representative must certify that they have vetted the attorney-in-fact per the state requirements, confirming no criminal or child abuse history.
8. Notarization
The entire form and any declarations by an agency must be notarized. It involves signing before a notary public who will verify all signing parties’ identities and the signatures’ voluntariness.
9. Filing and Affidavit Requirements
Finally, file the completed and notarized form in the appropriate youth court. Attach an affidavit stating these facts if the noncustodial parent is absent or unknown. Ensure all these steps are completed so that the power of attorney is legally binding and effective.