Types

Durable (Financial) Power of Attorney – This type of POA stipulates that the agent will remain in control of the principal’s matters that are set out in the contract, even if, at a later date, the principal is legally declared to be incapacitated.

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General (Financial) Power of Attorney – Allows a designated agent to take charge of a principal’s finances in so far as the document details, with such powers halting at the incapacitation or death of the principal.

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Limited (Special) Power of Attorney – A power of attorney that constrains the powers of an agent unequivocally to the circumstances that have been listed out in the form.

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Advance Health-Care Directive – No one can predict what will happen to anyone’s health in the future. This is why planning ahead by making an Advance Health-Care Directive is a vital step in taking responsibility for one’s own future health care.

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Minor Child Power of Attorney – While primary childcare responsibilities concerning a child fall on their parents or guardians, these parties can exercise their legal right to appoint an agent to act in their place, on occasion, to guarantee the safety and wellbeing of their child.

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Motor Vehicle Power of Attorney (Form 78-003) – Once filed with the Mississippi Department of Revenue, Motor Vehicle Services, Form 78-003 allows a party appointed by an individual to take their stead to sell, transfer, or assign their vehicle.

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Real Estate (Property) Power of Attorney – The purchase, sale, and management of an individual’s property may be led by another party who is named in a Real Estate POA.

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Revocation of Power of Attorney – From the moment this form meets all requirements for its valid filing, the agent must relinquish any decisions making powers they were bestowed regarding a principal’s affairs.

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State Tax Filing Power of Attorney – The Mississippi Department of Revenue allows for taxpayers to elect another party to represent them before the Department to handle matters including income and sales tax.

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What is a Mississippi Power of Attorney?

A Mississippi Power of Attorney is a contract between two parties, known as the Principal and Agent, that makes it possible for the former to legally pass on certain decision making powers to the latter regarding one or more areas. Mississippi’s POA laws are quite detailed and extensive, so it is advisable that both parties take the time to familiarize themselves with the ins and outs of such laws. Doing so will help to ensure that both parties are fully aware of their legal rights and responsibilities in such an arrangement.

• Mississippi Power of Attorney Laws – (Title 87, Chapter 3 (Powers and Letters of Attorney), “Uniform Durable Power of Attorney Act”) and (Title 41, Chapter 41 (Surgical or Medical Procedures; Consents), Uniform Health-Case Decisions Act)
• State Definition of Durable Power of Attorney (§ 87-3-105) – “A power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words “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,” or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.”
• State Definition of Advance Health-Care Directive (§ 41-41-203) – “means an individual instruction or a power of attorney for health care.”
• Signing Requirements
  • General / Durable Power of Attorney – There are no signing requirements specified by state law. It is advisable, however, that the form is signed by the Principal before a Notary Public and two (2) witnesses.
  • Advance Health-Care Directive / Medical Power of Attorney (§ 41-41-205) – The Principal must sign the POA. In addition, it must either be witnessed by at two (2) individuals, who must also make the specific declaration that is outlined by this law. Or, the signature of the Principal must be acknowledged before a Notary Public, who must certify that all of the necessary requirements have been met.

When is it Effective?

State law does not list any specific signing requirements that must be met in order for a General or Durable POA to come into effect. The definition provided by § 87-3-105, as stated above, does, however, state that a Durable POA must be in writing, of which must include a specific statement pertaining to either 1) the durable nature of the POA or 2) the fact that the POA will become effective “upon the disability or incapacity of the principal.”

Similar wording may be included, so long as it shows the Principal’s intent that the authority designated to the agent is “exercisable notwithstanding the principal’s subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.”

For an Advance Health-Care Directive to come into effect, § 41-41-205 states that the Principal must sign the POA in front of one of two parties. Either, their signature must be acknowledged before a Notary Public, who must certify that all of the necessary requirements have been met. Or, the Principal must sign the POA before two (2) individual witnesses, each of whom witnessed “the signing of the instrument by the principal or the principal’s acknowledgement of the signature or of the instrument.” The witnesses are also required to make the specific declaration set forth by this law.

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