Signing Requirements
Although no specific statute mentions a mandated signing requirement, the principal and agent are strongly recommended to sign in the presence of a notary public to avoid future complications. (§ 87-3-105).
Definition of “Durable”
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument (§ 87-3-107).
Definition of “Power of Attorney”
A durable power of attorney is 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 (§ 87-3-105).
Statutory Form
This statutory form may be used. Although the legislature has not adopted it, it was passed in the Mississippi House of Representatives.