A Mississippi durable power of attorney is used to appoint an agent (also called an “attorney-in-fact”) to make financial decisions on behalf of a principal (the person being represented). The document allows the principal to limit or extend the agent’s power according to their needs. If granted total financial authority, the agent will have the ability to control investments, taxes, bank accounts, benefits, personal property, real estate, and any other financial matter stated in the document. Because the power of attorney is “durable,” it remains effective in the event of the principal’s disability or incapacity.

Laws – Title 87, Chapter 3 (Uniform Durable Power of Attorney Act)

Signing Requirements – Not mentioned in state statutes; notary public or witness acknowledgment is recommended.

Statutory Form (§ 87-3-7) – None

State Definition

Statute – § 87-3-105

A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing…showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity…