- Types of Power of Attorney in Mississippi
- How to Get a Power of Attorney in Mississippi
- Mississippi Power of Attorney Requirements
- Mississippi Power of Attorney Sample
- FAQs About Mississippi Power of Attorney Forms
Mississippi Power of Attorney
Types of Power of Attorney in Mississippi
There are many types of POA that can be used in Mississippi to appoint an Agent or Attorney-in-Fact to make decisions and to manage essential financial and/or medical responsibilities for a principal.
The most common kinds of POA available in Mississippi include the following examples:
|Type of POA||Uses||Usable After Incapacity?|
|Durable||A Durable POA allows an Agent to manage your estate for you at all times, even if you fall unconscious or become medically incapacitated.||Yes|
|Limited||Limited POAs grant an Agent responsibility over specific, normally one-off, tasks. These forms are usually time-limited, only giving your representative authority for a short period of time.||Yes (if durable)|
|Medical||Medical POAs allow you to delegate important healthcare decisions to your Agent. This can then be used when urgent choices regarding treatment need to be made when you’re unconscious.||Yes|
|Real Estate||Real Estate POAs let your Agent manage tasks related to the buying and selling of property on your behalf.||Yes (if durable)|
|Vehicle (DMV)||Using a Vehicle POA allows an Agent to buy and sell vehicles for you and to manage other ownership tasks such as registering titles with the DMV and updating official documentation.||Yes (if durable)|
|Springing||A Springing POA allows an Agent to act for you when certain conditions or criteria occur. For example: the Power of Attorney may only become active if you are unconscious or are unavailable for a period of time.||Yes (if durable)|
|Minor (Child)||With a Minor POA, you can delegate your parental rights over a child to your Agent temporarily. This might be necessary if you are seriously ill, serving in the military, or have to travel for work purposes.||Yes (if durable)|
|Tax||With a Tax POA, your Agent may represent you and sign documents on your behalf at the local Mississippi Department of Revenue.||Yes (if durable)|
How to Get a Power of Attorney in Mississippi
A Mississippi Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.
Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.
Also, some pre-prepared forms for Vehicle POAs can be obtained directly from a Mississippi Department of Revenue or DMV site. However, it is recommended to seek the help of an attorney in order to fill the document properly.
Mississippi Power of Attorney Requirements
There are a few important things you need to know before signing a Mississippi POA. Firstly, you must make sure all the parties involved are legally fit to sign contracts.
To be considered competent to sign a contract, parties must:
Be over 18 years of age
Show they are mentally competent
Demonstrably understand the powers being granted
If you choose a financial institution as an Agent, they must have trust powers and a registered office in Mississippi.
Also, there are set rules in place in Mississippi which police how a completed Power of Attorney must be signed and put into action. Mississippi law dictates in this case that:
The Principal and Agent must both sign the document.
The signing must be overseen by a notary public, who will also sign.
In some cases, such as when you sign a real estate POA, the document must also be signed before 2 witnesses, who must also sign the form.
If the Agent(s) will manage real estate for the principal, the form must be registered with the local clerk of the county where the property is situatedwithin 30 days of signing.
Mississippi Power of Attorney Sample
Before starting your own Mississippi Power of Attorney, it can help to look over an example document to understand how your final draft will look and what it will say. Simply view our POA sample now to get a feel for how these documents are written and appear once completed.
FAQs About Mississippi Power of Attorney Forms
It is important to have a good understanding of what Mississippi Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.
What is a Statutory Durable Power of Attorney in MS?
A Statutory Durable Power of Attorney contains the wording that represents the legal standard of these legal instruments in Mississippi. Once completed and signed, this document allows an Agent to manage a Principal's healthcare or financial affairs after any period of incapacity.
Does a Power of Attorney in Mississippi Need to Be Notarized?
Yes, Mississippi Powers of Attorney require a notary public to oversee the signing of the document by the Principal and Agent. Additionally, if you’re signing a Real Estate Power of Attorney 2 witnesses must also be present when the document is signed in order to legally validate the agreement.
Who Should Be Your Mississippi POA Agent?
When choosing the right Agent for your Mississippi POA, it is essential to pick a person (or people) that you trust implicitly.
By granting Power of Attorney to someone, you allow them to hold a large amount of responsibility for your financial or even bodily wellbeing. An Agent therefore must be someone you know that will take the actions that serve these interests best.