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Free Mississippi Power of Attorney Template

A Mississippi power of attorney (POA) lets you appoint someone you trust to make financial, legal, or personal decisions on your behalf. Whether you’re planning for travel, illness, or long-term care, this document ensures your wishes are followed under Mississippi law.

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Written by Josh Sainsbury | Attorney-Reviewed by Harvey Barbee, J.D.

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Table of Contents

  1. What Is a Mississippi Power of Attorney?
  2. Types of Power of Attorney in Mississippi
  3. Legal Requirements and Considerations for Mississippi POAs

What Is a Mississippi Power of Attorney?

A Mississippi power of attorney (POA) lets you appoint someone you trust (the agent) to act on your behalf in financial, legal, or health-related matters. You, as the principal, grant specific powers and define how long the authority will last.

A durable power of attorney is particularly helpful for estate planning, allowing your agent to act if you become incapacitated. Mississippi law requires that the principal be mentally competent at the time of signing for the POA to be valid. POAs in Mississippi are not durable by default, meaning the document must include specific language to ensure its durability.

Types of Power of Attorney in Mississippi

Mississippi recognizes several types of POAs under the Uniform Power of Attorney Act. Below is a breakdown of common options and their signing requirements.

TypePurposeSigning / Notarization Requirements
Durable (Financial)Remains valid even if the principal becomes incapacitated.Notary public (MS Code § 87-3-105)
Non-Durable (General)Ends when the principal becomes incapacitated or upon expiration.Notary public
MedicalAppoints an agent to make healthcare decisions for you.Two witnesses or a notary public (MS Code § 41-41-205)
Limited (Special)Grants authority for specific actions or transactions.Notary public
SpringingTakes effect only after a specified event, such as incapacity.Notary public
Real EstateLets an agent manage property sales or transfers.Notary public (recommended)
Motor Vehicle (Form 78-003-21-8-1-000)Allows an agent to sign for motor vehicle transactions.Notary public
Tax (Form 21-002-13)Authorizes up to three representatives to act before the Department of Revenue.Taxpayer(s) and representative(s)
Minor (Child)Appoints a caregiver to handle a child’s needs for up to one year.Notary public
RevocationTerminates a previous POA.Notary public or two witnesses (recommended)

Legal Requirements and Considerations for Mississippi POAs

Duration

A Mississippi POA takes effect when signed unless it specifies a future activation event. A non-durable POA ends upon incapacitation, while a durable POA continues until the principal dies, revokes it, or the agent’s authority is terminated.

Under MS Code § 87-3-107, a durable POA is not affected by disability or incapacity. You can also include a defined end date if you only want short-term authority.

Termination

You may terminate a POA at any time while competent. Common reasons include:

  • The principal becomes incapacitated (for non-durable POAs).
  • The agent completes their duties.
  • The agent dies or resigns without a replacement.
  • The principal divorces the agent-spouse.
  • The termination date or event stated in the document occurs.

All POAs automatically end when the principal dies.

Revocation

To revoke a POA, the principal must issue written notice and deliver it to the agent and any relevant parties. Under MS Code § 87-3-111, an agent can act in good faith until they receive formal notice of revocation.

You can complete a revocation of power of attorney form to officially terminate authority.

Filing

Filing is generally not required. However, if the POA authorizes real estate transactions, file it with your local chancery clerk’s office.

Signing and Notarization

Mississippi law requires the principal’s signature. While notarization is optional, it is strongly recommended to ensure the POA’s authenticity and acceptance by financial or medical institutions.