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Mississippi General (Financial) Power of Attorney

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Mississippi General (Financial) Power of Attorney

Updated August 09, 2023

A Mississippi general (financial) power of attorney form allows an individual to grant an agent the power to act on their behalf in financial matters. It should be noted the powers delivered in this document automatically terminate upon dementia or other incapacitating condition suffered by the principal. Nonetheless, you should choose your agent wisely, for although they are under a fiduciary obligation to act in your best interest and their power will terminate if you are incapacitated, the agent will still have the ability to take unfair advantage of the powers he or she is granted.

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1 – Record Several Identifying Facts Concerning The Principal And Attorney-in-Fact

Enter the Full Name of the Principal on the blank line in the title of this document “Mississippi General Power Of Attorney Of”

The Principal’s Full Name must also be documented on the first blank line of the introduction statement. Use the next two blank spaces to enter the Principal’s Street Address and State. Note: This must be the Physical Address where the Principal lives.Next, use the three blank spaces provided after the word “designated” to enter the Attorney-in-Fact’s Full Name, Street Address, and State. Again, this Address must be the Physical Street Address where the Attorney-in-Fact resides.

2 – The Principal Must Initial Each Principal Power That Should Be Designated To The Agent

Once we have identified the individual (Principal) delegating Principal Authority to another individual (Attorney-in-Fact), we will need to provide a detail of what the Attorney-in-Fact may do with Principal Power. This will be accomplished through a list of definitions of Authority the Principal approves of granting. This approval will be demonstrated with the Principal Act of reviewing and initialing the Authority Definition that should be included with the Attorney-in-Fact’s Principal Authority

The Principal “Power To Make Payments Or Collect Monies Owed” will be discussed in the first paragraph on this list. The Principal must initial the blank line just before the bold title to apply the Power Definitions within it to the Attorney-in-Fact’s Principal Powers.The Principal Authority to “…To Acquire, Lease and Sell Personal Property” will detail the actions and decisions the Attorney-in-Fact may engage in on behalf of the Principal. If the Principal initials this paragraph item, all the Powers discussed in it will be granted to the Agent.If the Principal “Power To Acquire, Lease and Sell Real Property” should be delegated to the Attorney-in-Fact through this document then, he or she should initial the blank space provided.The Principal may delegate his or her Authority and “Management Powers” to the Attorney-in-Fact by initialing the fourth item. The Principal “Banking Powers” available to the Attorney-in-Fact are discussed in the fifth paragraph. If the Principal chooses to delegate such Authority to the Attorney-in-Fact, it will require he or she initials the blank space provided.The Principal Power to act on the Principal’s “Motor Vehicles” as defined in the sixth paragraph will be delivered to the Agent by way of the Principal’s Authorizing Initials on the blank space supplied.The “Tax Powers” available to the Principal will be granted to the Agent as part of his or her Principal Powers, once the Principal initials the blank line.The Attorney-in-Fact will have the same Authority the Principal has regarding the Principal’s “Safe-Deposit Boxes” if the Principal initials the blank line preceding this paragraph.The Principal may grant the Attorney-in-Fact “Gift Making Powers” of Principal Authority by initialing the ninth paragraph.The Principal’s “Lending And Borrowing” Authority can be granted to the Attorney-in-Fact when the Principal initials the blank line preceding the numbered label “10. Lending And Borrowing.”The Principal Power to effect and handle “Contracts” will be granted to the Attorney-in-Fact, once the Principal places his or her initials on the blank space preceding the eleventh paragraph item.The “Health Care” Powers the Attorney-in-Fact may assume to represent the Principal may only be delegated to the Attorney-in-Fact by way of the Principal’s initials on the twelfth paragraph.The Representative Powers of the Health Insurance Portability And Accountability Act of 1996 will be granted to the Attorney-in-Fact when the Principal initials the paragraph labeled “HIPAA”The Principal Approval for the Agent to assume Principal “Power To Hire And Pay For Services” is detailed in the wording of the fourteenth paragraph item. The Principal should initial this item if he or she wishes to grant these Principal Powers to the Attorney-in-FactThe Principal Authority required for the Attorney-in-Fact to gain “Reimbursement Of Attorney-in-Fact” may be granted if the Principal initials the blank line preceding the next paragraph item.The “Power To Sue Third Parties Who Fail To Act Pursuant To Power Of Attorney” will be appointed to the Attorney-in-Fact with the Principal act of initialing the sixteenth item.The Principal may have additional Powers that need to be delegated. IF the Principal wishes to appoint Principal Powers to the Attorney-in-Fact, not discussed here, he or she will need to initial the seventeenth item after such additional provisions have been entered on the blank lines provided after the words “Other – Power to conduct the following” If any of these Powers need to be limited, the Principal may cross out parts of any of the previous statements before approving them, but should consult an Attorney (not the Attorney-in-Fact) before doing so.

3 – The Effective Period Of The Attorney-in-Fact’s Principal Powers Must Be Documented

Locate Article III. Here we will discuss the Date this Form’s Principal Powers are assigned to the Attorney-in-Fact and what will cause them to Terminate. This will also be done through a Principal Review and Approval.

First, the Principal will need to read the first two statements and initial the one that he or she wishes to apply. Thus, if the Principal wishes the Powers in this document to be available to the Agent upon his or her signing, the Principal will need to initial the first statement. However, if the Powers delivered in this document should only be granted on a certain date, the Principal will need to initial the second statement then enter this Starting Date using the blank spaces it contains. The next area will give the Principal a choice of three statements to define when the Agent’s Principal Powers terminate. If the Principal Powers appointed here should terminate on a specific Date, the Principal should initial the first statement then use the spaces provided to enter the Termination Date. The Principal may choose to keep these Powers in Effect indefinitely regardless of any circumstances. If so, he or she should initial the second statement. This will mean only a written revocation will terminate these Powers. The last choice will automatically terminate the Principal Powers delivered here the moment the Principal is rendered incapacitated or unable to make decisions.

4 – The Principal And Attorney-in-Fact Signatures Are To Be Witnessed And Notarized

Lastly, the Signature Date of the Principal will need to be reported utilizing the three spaces in the last statement in this form. The Principal must then sign and print his or her Name. This should be performed on the blank lines labeled “Principal’s Signature” and “Principal’s Printed Name.”Next, the “Acceptance of Appointment” section will require Agent attention. Enter the Full Name of the Agent on the blank space between the word “I” and the term “The Attorney-in-Fact.” This section will also require the Agent to sign and print his or her Name on the blank spaces provided (labeled “Attorney-in-Fact’s Signature” and “Attorney-in-Fact’s Printed Name.”In order to prove the signatures of the Principal and Attorney-in-Fact are authentic, two Witnesses must observe these parties signing this form. The “Witness” statement has been provided so that each Witness may read and provide testimony to its validity by signature. Each Witness should sign the “Witness” signature line and enter his or her Address on the “Address” lines. The Notary Public will also validate the authenticity of this signing by providing the requested information on the blank lines in “Acknowledgment of Notary Public” then, supply the Notarization Seal.