Laws
- Durable – A power of attorney is durable if it 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 it is valid regardless of the principal’s subsequent disability or incapacity.[1]
- Incapacity – Mississippi law does not expressly define the term “incapacity” as related to a power of attorney.
- Signing Requirements – Mississippi law does not specify signing requirements for this type of document. It is recommended that the document is notarized to avoid any future issues with the power of attorney.