How to Write a Mississippi Power of Attorney

By Elizabeth Stock

Drafting a durable power of attorney in Mississippi authorizes another individual to act on your behalf. A power of attorney can be used in a variety of situations, for example, if you lose capacity to make decisions on your own behalf as a result of a medical condition, or you want someone to assist you with financial matters. Mississippi does not require you to use a particular form when drafting a power of attorney, but specific information should be included to make the document identifiable and enforceable.

Step 1

Create a title for the document that makes it clear what the document purports to accomplish. For example, write “Mississippi Power of Attorney” across the top of the document. You may also want to underline or type the letters in bold so the purpose of the document will be obvious to anyone glancing at it.

Step 2

Identify the parties involved. The individual creating the power of attorney is the “principal,” and the individual being granted the power of attorney is the “agent.” You may want to include the agent’s full name, address and phone number in the document.

Ready to appoint a power of attorney? Get Started Now

Step 3

List the powers being conveyed through the document. Use language clearly indicating that you are granting the power of attorney to the agent. For example, state that you appoint the agent to act on your behalf. In Mississippi, a power of attorney can be general or limited; the former allows an agent to act with broad powers on your behalf. In contrast, a limited power of attorney authorizes the agent to act in certain circumstances – for instance, if you become incapacitated. You also have the option of making the document effective immediately or effective upon the occurrence of an event. The power of attorney document should clearly indicate that the principal has the authority to revoke the power of attorney at any time.

Step 4

Include the notice requirement in the document. This informs the principal and agent of the document’s legal effect and importance. For example, if the power of attorney is to be effective for medical decisions, the notice requirement will describe the situations in which the agent may act on the principal’s behalf. For more information, see Mississippi Code Section 41-41-163.

Step 5

Go to a notary public to have the document notarized. Sign the power of attorney in the presence of two witnesses. The document should include a notary block where the notary can also sign the document. While it is not necessary to have a power of attorney notarized under Mississippi law, doing so will preclude legal challenges later on if any discrepancy arises as to whether the document is valid.

Ready to appoint a power of attorney? Get Started Now
How to Get Power of Attorney in Illinois

Related articles

How to Obtain Power of Attorney in Pennsylvania

A power of attorney is a document in which one person, known as the principal, authorizes another person, known as the attorney-in-fact, to perform legal acts in place of the principal. These acts might include making medical decisions on behalf of the principal, paying the principal's bills, or entering into commercial transactions in the principal's name. You don't have to be an attorney to act as someone's attorney-in-fact. Pennsylvania's power of attorney statutes can be found in Chapter 56 of the Pennsylvania Consolidated Statutes.

Selling Property & Limited Power of Attorney

Generally, a power of attorney document gives authority to another person, known as your agent or attorney-in-fact, to conduct transactions or make decisions on your behalf. This type of document may be helpful if, for example, you cannot attend a real estate closing. You can draft a power of attorney giving a wide range of powers to your agent, or a more limited power of attorney, giving your agent specific powers for only certain transactions. Either type of POA can give your agent power to sell property on your behalf.

Example of a Power of Attorney Form

Drafting a power of attorney is a little like cooking without a recipe. As long as the end result is something you can live with, you don’t have to burden yourself with following exact directives. You can find sample forms at any library or office supply store, but other than some general bases you should cover, its contents are largely up to you.

Power of Attorney

Related articles

How to Create a Temporary Power of Attorney

Under certain circumstances you may need to authorize someone else to perform legal acts on your behalf. Under these ...

A Durable Power of Attorney for the State of Virginia

People create powers of attorney for many reasons, from estate planning to preparing to be hospitalized. As a Virginia ...

Does a Power of Attorney Need Both Signatures?

A power of attorney allows another person to step into your shoes to make medical or financial decisions for you. The ...

Can the Power of Attorney Add Signers to Bank Accounts?

You may use a financial power of attorney to grant a trusted agent authority to act in your place in financial matters. ...

Browse by category
Ready to Begin? GET STARTED