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Mississippi Power of Attorney Forms

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Mississippi Power Of Attorney can be used in a variety of scenarios where legally appointing another person to represent you with authority is called for. In other words, the person you appoint will be able use your authority to make decisions and take actions that you would be able to as if he or she were you. This will of course depend on the paperwork used and the information it is supplied with. For instance, a durable power of attorney generally grants power to act on a broad range of financial affairs, such as opening bank accounts, paying bills and receiving payment. Your representative has a statutory duty to act in your best interests, but it is important that someone trustworthy and reliable is chosen for this role.

LawsTitle 37, Chapter 3 (Power and Letters of Attorney)

Types

Advance Health Care Directive (Medical POA) – This form is tailored for medical situations where a person is able to appoint another to be their agent for health care decisions.

Durable Power of Attorney – This type of form is used for appointing a person to take care of a broad range of financial and other matters. It is often used for estate planning purposes, as it remains in effect (or goes into effect) if and when the principal is determined by a doctor to be unable to make his or her own decisions.

General Power of Attorney – Like the durable POA, this type of form is used to appoint a person to act as the principal on a broad range of financial issues. Unlike the durable form, however, it becomes void if and when the principal is determined to be incapable of making his or her own decisions.

Minor Child Power of Attorney – This form is used to assist parents who may need to leave their child in the care of another while they are unavailable and want to give that person the power to make decisions for health care and education of their children while they are away.

Limited Power of Attorney – This type is used in limited situations such as for a single real estate transaction. It is typically used for those times when a principal is going to be away when the transaction is scheduled to take place. It provides flexibility.

Real Estate Power of Attorney – Allows an owner of property to instruct someone else to handle its sale or purchase.

Revocation of Power of Attorney – This is an important form to be used to cancel or terminate a POA that is in effect.

Tax Power of Attorney (Form 21-002) – This form is needed in those instances that you want your tax professional to obtain information and make tax filings on your behalf.

Vehicle Power of Attorney – If you need someone to handle your titling or registration issues for your vehicle, you can use this form.

How to Write

1 – Open The Mississippi Form Accessible Through This Page

The form required to designate an Attorney-in-Fact with Principal Power is available to view by clicking the preview image. When you are ready to fill this out, click one of the buttons below the photo to open and download the document.

2 – Fill In Some Information To Apply The Required Language

The blank lines in the first paragraph will ask for some basic identifying information regarding the Principal granting Authority and the Attorney-in-Fact (or Agent). Enter the Principal’s Name on the first blank space.  On the second blank space, record the Residential Address where the Principal is located. Then, enter the State where the Principal lives on the third blank space.Directly after entering the Principal’s information, the Attorney-in-Fact’s identifying information must be entered as well. First, enter the Attorney-in-Fact’s Name after the term “hereby designate.” Then enter the Street Address and State where the Attorney-in-Fact lives on the last two blank spaces.

3 – Define The Effective Dates Through The Principal’s Initials

The next step will be to have the Principal initial one of the statements below the “Effective Date” heading. The Principal may choose to have the Principal Powers granted here durable enough to remain in effect after he or she is rendered incapacitated or to have the Principal Powers here to automatically terminate if he or she is incapacitated. To have these Powers remain intact despite such a scenario, the Principal will need to initial the first statement. If the Principal wishes these Powers to automatically terminate if he or she is rendered incapacitated, the Principal should initial the second statement.

4 – Each Principal Power Appointed To The Agent Must Bear Principal Approval

In order to grant Principal Authority to the Attorney-in-Fact or Agent named in the opening statement of this form, the Principal will need to review a list of Authority Matters (each with a definition) and initial each one that should be granted to the Agent.

The paragraph titled “Banking” shall provide the wording necessary for the Principal to empower the Agent with the ability to act in the Principal’s Names with Financial Institutions by granting the Principal Power to do so. If the Principal initials the blank space corresponding to this paragraph, this type Authority Matter will be included in the Attorney-in-Fact’s Principal Powers.The Powers defined in the “Safe Deposit Box” will be granted to the Attorney-in-Fact, if the Principal initials this paragraph.The Principal Authority in “Lending Or Borrowing” can be delegated to the Attorney-in-Fact with the Principal’s initialing of the third paragraph.If the Principal wishes it, he or she may appoint the Agent with the Principal Power to handle his or her “Government Benefits.” This may be done when the Principal initials the fourth paragraphThe Principal can give the Agent the Principal Authority or Principal Powers necessary to act on his or her “Retirement Plan” by initialing the self-titled paragraph item.If the Attorney-in-Fact or Agent will be expected to use Principal Authority in relation to “Taxes,” the Principal will need to initial the sixth paragraph.The seventh paragraph will deliver the Principal Authority required for the Agent to act on behalf of the Principal with the Principal’s “Insurance.”If the Principal wishes to grant the Agent the Principal Authority to act in his or her name regarding “Real Estate,” he or she will need to initial the empty space just before the words “Real Estate.” The “Personal Property” paragraph will deliver Principal Authority to the Agent so that he or she may act on behalf of the Principal with the Principal’s Personal Property, once the Principal initials the blank space provided.The Principal “Power To Manage Property” will be appointed to the Agent, if the Principal initials the blank space corresponding to the ninth paragraph.The Attorney-in-Fact can make, transfer, or otherwise engage in any of the actions regarding “Gifts” listed in the tenth paragraph, if the Principal initials the blank space provided to signify his or her approval.The Attorney-in-Fact may engage in actions regarding “Legal Advice And Proceedings” on behalf of the Principal using the Principal Authority granted through the last paragraph item, if the Principal initials the blank space.

5 – Direct Instructions From The Principal May Be Delivered

The previous list of Powers is comprehensive but, the Principal may need additional provisions or subjects of Powers to be delegated to the Attorney-in-Fact. Similarly, the Principal may wish to grant some of the Powers listed in a paragraph item but not all. In either of these cases, the “Special Instructions” area will provide several blank lines where the Principal should deliver any such extensions, limitations, or instructions regarding Principal Power.

6 – The Principal’s Approval Of This Power Appointment Is Required

The rest of this form should be reviewed by the Principal and the Attorney-in-Fact. Both should have a full comprehension of this document and have a clear line of communication regarding all the Powers being discussed and delivered. When the Principal is ready to execute this document, he or she should enter the Two-Digit Calendar Date, the Month (write out the name), and the Two-Digit Year of the Date this document is signed.

Below this Signature Date, the Principal must sign the “Principal’s Signature” line.

7 – Additional Required Signatures Must Be Provided

After the Power Document’s Principal Signature line will be a Witness Testimonial. This paragraph must be read by two Witnesses who have physically observed the signing, then signed by each Witness. There will be two clearly defined areas where each Witness is expected to provide his or her Signature and Address.

The Notary Public serving this document signing will also have a defined area. This will be directly below the Witness Testimonial. The Notary Public will supply the required items to Notarize this form’s signature and execution.


The last page will contain the final section. Here under the heading “Specimen Signature And Acceptance Of Appointment,” the Attorney-in-Fact must enter his or her Name on the first blank line. Below this statement, the Attorney-in-Fact must sign the signature line provided.


There will be an additional section for the Notary Public observing the Attorney-in-Fact signing to provide the items required for Notarization.


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