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Mississippi Springing Power of Attorney

A Mississippi springing power of attorney is a legal instrument used by an individual (the principal) to assign authority to another person (an agent) so that they can manage specified aspects of the principal's affairs if the principal becomes physically or mentally unable to manage them on their own behalf.
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Updated August 17, 2024

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Permitted in Mississippi?

Yes, a power of attorney may be written so that it becomes effective at a later date or when a specified future event happens, like the principal’s incapacity.[1]

Signing Requirements

Mississippi law does not specify signing requirements for this type of document. However, it is recommended that the principal’s signature be acknowledged by a notary public to avoid any challenges to the validity or authenticity of the power of attorney.

“Incapacity” Definition

Mississippi law does not expressly define the term “incapacity” as related to a power of attorney. Therefore, the principal should clearly define their intended meaning of “incapacity” on the POA.

For reference, the Uniform POA Act defines “incapacity” to mean the inability of an individual to manage property or business affairs because the individual:
(A) has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or
(B) is:
(i) missing;
(ii) detained, including incarcerated in a penal system; or
(iii) outside the United States and unable to return.