Mississippi Power of Attorney Requirements & Form

Mississippi requirements

• Mississippi has not adopted the Uniform Power of Attorney Act; its law is the Uniform Durable Power of Attorney Act, Miss. Code Ann. sections 87-3-101 through 87-3-113.
• Durability requires express wording. Under section 87-3-105 the writing must contain words such as 'This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time' or similar words showing that intent.
• The act itself does not impose notarization or witness requirements for validity, but acknowledgment before a notary is needed before the document can be recorded, which matters for real estate; confirm recording specifics with the chancery clerk in the county involved.
• Under section 87-3-107, acts of the attorney in fact during the principal's incapacity bind the principal as if the principal were competent.
• Mississippi publishes no statutory financial power of attorney form, so a general form like ours is the usual route; notarizing at signing keeps it ready for recording and for use with banks.

Frequently asked questions

Has Mississippi adopted the Uniform Power of Attorney Act?

No. Bills to adopt the UPOAA have been introduced over the years but have not passed, so Mississippi continues under the Uniform Durable Power of Attorney Act, Miss. Code Ann. 87-3-101 through 87-3-113.

Does a Mississippi power of attorney need to be notarized?

The Uniform Durable Power of Attorney Act does not require notarization for the document to be valid, but recording (needed for real estate through the chancery clerk) requires an acknowledged document, and most institutions expect a notarized power of attorney in practice.

Official sources

• https://www.sos.ms.gov/content/documents/pol_res/power%20of%20attorney/6DurablePOA-HB468Comparison.pdf