Updated August 11, 2023
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. The person selected will be able to keep representing the principal for financial matters even in the event of incapacitation. Therefore, it’s imperative that the principal select someone who is a trusted individual.
Versions (2)
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Statutory Version 2Download: PDF, MS Word, OpenDocument
Table of Contents |
Laws
Title 87, Chapter 3 (Uniform Durable Power of Attorney Act)
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).
Signing Requirements
Though 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.)
Statutory Form
This Statutory Form may be used. Although the legislature has not adopted it, it has passed in the Mississippi House of Representatives, and has been presented but died in committee in the state senate each year since 2015, most recently in 2019.
How to Write
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1 – The Form To Appoint Durable Financial Powers Should Be Downloaded Here
Use the buttons on this page to access the form required to deliver Durable Financial Powers. You may choose to access this form as a PDF file, ODT file, or Word File. Once you open this form you may download it at your convenience, though it is recommended to save a copy before you work on it.
2 – This Form’s Initial Statement Must Have The Requested Information Supplied
The first statement in this form requires direct input to apply its declaration to the parties involved. The first individual we will identify is the Principal. That is the individual who is granting his or her Authority (over the Matters discussed here) to an Agent or Attorney-in-Fact. Enter the Principal’s Whole Name on the first blank space of this paragraph. 
Enter the Principal’s Street Address/City (this should be the Physical Location of the Principal’s Residence) on the second blank space. 
After the words “…State of,” document in which State the Principal lives in on the blank space provided. 
The next set of blank spaces will require information relating to the Attorney-in-fact. Here, too, we will need to report the Attorney-in-Fact’s Name and Home Address. Enter the Attorney-in-Fact’s Name on the fourth blank space of this paragraph 
The Attorney-in-Fact’s Residential Physical Street Address/City and State should be reported utilizing the fifth and sixth blank spaces.
3 – The Effective Term Of The Attorney-in-Fact’s Principal Powers Should Be Refined
It will be important to produce a definition as to how durable the Attorney-in-Fact’s Principal Authority is in this document. The “Effective Date” section will allow this detail to be added. If the Principal wishes the Powers designated to the Attorney-in-Fact stay active when or if the Principal is rendered unable to make decisions, the Principal will need to initial Choice A in this section. However, if the Principal wishes the Powers granted to the Attorney-in-Fact to immediately terminate should the Principal be rendered unable to make decisions, then he or she should initial Choice B.
4 – The Principal Must Directly Approve Each Principal Power To Be Delivered To The Agent
If the Principal wishes the Attorney-in-Fact to act in his or her Name in terms of “Banking,” the Principal will need to initial the first paragraph. The act of initialing will approve the Agent of performing all the actions described in this paragraph on behalf of the Principal, once the Principal has signed this document.
If the Attorney-in-Fact is expected to have access and Principal Control over the Principal’s “Safe Deposit Box,” the second statement will deliver such Principal Powers to the Attorney-in-Fact upon the Principal’s initials.
The Attorney-in-Fact may participate in the “Lending Or Borrowing” actions defined in the third paragraph on behalf of the Principal and utilizing Principal Authority to do so if the Principal initials the blank space preceding this item. 
The Principal’s Power to act in “Government Benefits” will be appointed to the Attorney-in-Fact once he or she initials the blank line corresponding to the fourth item.
The Principal must initial the fifth paragraph to allow the Agent to act with Principal Power regarding any “Retirement Plan”
The “Taxes” paragraph shall grant the Agent the Principal Power to engage in the actions it defines. The Principal must initial this item to grant these abilities to the Agent.
If the Attorney-in-Fact is expected to wield Principal Powers regarding “Insurance,” the Principal will need to initial the seventh paragraph
The Attorney-in-Fact will be able to wield Principal Authority regarding “Real Estate” matters when the Principal initials the eighth paragraph. 
If the Principal initials the paragraph labeled “Personal Property,” the Attorney-in-Fact will be empowered with the Principal Powers to engage in the actions defined within it as if he or she were the Principal. 
The Principal’s initialing of the tenth paragraph will empower the Attorney-in-Fact with the “Power To Manage Property” in the name of the Principal. 
The “Gifts” paragraph will detail how the Attorney-in-Fact may act in gifting in the name of the Principal. If the Principal wishes to grant such Principal Powers to the Attorney-in-Fact, he or she must initial this paragraph. 
The Attorney-in-Fact may utilize Principal Power when acting in matters of “Legal Advice and Proceedings” in relation to the Principal if the Principal initials the last paragraph.
5 – Any Special Instructions The Principal Has Must Be Documented
The Principal may have instructions regarding the Principal Powers being delivered. Such instructions may also include extensions or restrictions that should be applied. For any of this to apply to the Attorney-in-Fact’s Principal Powers, it must be present on this form at the time of the notarized signing. Use the blank lines in the “Special Instructions” section to give a detailed report of any such Principal Directives. If none exist, then write in the word “None.”
6 – The Required Signature Parties Must Participate In The Finalization Of This Form
Locate the statement beginning with the phrase “In Witness Whereof.” The Principal will need to use this statement to report the Calendar Date he or she is signing this form. 
To finalize this form, the Principal must provide a valid signature on the “Principal’s Signature” line. 
Next, the paragraph starting with the term “We, the witnesses, each…” must be read by individuals willing to testify that each has viewed the Principal signing this document. There will two sets of blank lines labeled “Witness’s Signature” and “Address” so that each Witness may acknowledge this testimony as true through a Signature.
The Notary Public section must be filled in by a Notary Public.
The final area requiring attention, “Specimen Signature And Acceptance Of Appointment,” must be tended to by the Attorney-in-Fact. Enter the Full Name of the Attorney-in-Fact on the blank line in this statement. When this party has read and agrees with this statement, he or she must sign the “Attorney-in-Fact’s Signature” line. 
The Attorney-in-Fact’s Signature should be notarized as well. The area below his or her signature line will be a defined area where the Notary Public may notarize this document
Related Forms
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