Mississippi Minor Child Power of Attorney Form

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.

mississippi minor child poa

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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:

  • The power of attorney does not modify existing legal rights under court orders.
  • It does not deprive any parent or legal guardian of their established rights and responsibilities.
  • Executing such a power does not imply any parental unfitness or neglect.

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.

Mississippi Minor Child Power of Attorney Form Details

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

Filling Out Mississippi Minor Child POA Form

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.

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Create a high-quality Mississippi Minor Child Power of Attorney Form online now!
Published: Jul 6, 2024