eForms Logo

Mississippi Durable (Financial) Power of Attorney Form

A Mississippi durable power of attorney form is a document that allows a person ("principal") to choose someone else to handle their business and financial affairs. A power of attorney is "durable" when it remains legally effective after the principal has become incapacitated and is unable to manage their own affairs.
PDF
Word
ODT

Updated May 13, 2025

4.8 Stars | 124 Ratings
Downloads: 1,370

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.[1]

Powers Granted

While Mississippi law does not directly define the powers that may be conferred via durable power of attorney, generally speaking, a principal may authorize an agent to do any legal act that the principal may do through an agent.

“Durable” Definition

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.[2]

“Power of Attorney” Definition

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.[3]

Revocation

A power of attorney may include circumstances under which the power itself terminates. In order to revoke an agent’s authority, the agent must be notified.[4]

Statutory Form

The State of Mississippi does not have a statutory form.

Sample

Video

Sources

  1. § 87-3-105
  2. § 87-3-107
  3. § 87-3-105
  4. § 87-3-111