How to Obtain Power of Attorney in Mississippi

November 11, 2020

Power of attorney (POA) is one of the most important documents you or a loved one can prepare to ensure that those you trust most have the legal authority to make decisions about your well-being and finances should you not be able to.

Drafting a durable power of attorney, will, trust, or any end-of-life planning document is an important conversation and should not be completed without consulting a professional estate planning attorney.

What Are the Legal Requirements for Durable Power of Attorney in Mississippi?

The state requires the document has the following:

Created by an adult or emancipated minor
In writing
Dated
Signed by the “principal” (the creator of the POA)
Includes the signature of two adult witnesses (one of whom isn’t related to the principal or acknowledged by a notary
public
Specifically allows an agent to make healthcare-related decisions
Should substantially follow the statutory form

Can a POA Be Revoked?

This power is held by the principal, and the agent’s authority can be revoked by writing and completing a new one that supersedes the old one. Additionally, upon divorce or legal separation, a former spouse is automatically revoked from the health care agent’s responsibility.

Mississippi is one of a handful of states that adopted the Uniform Health-Care Decisions Act approved in 1993. In short, it consolidates certain state laws about advance directive and POA relating to health care.

A durable POA follows the principal’s specific wishes, so it’s important to note within the document if you want the wishes to be followed while you’re alive and sound or only if you become incapacitated or unable to make your own decisions.

Considering the importance of the POA document, it makes sense to contact and consult a qualified estate planning attorney. They can help sort out exactly what you need to have in the document and bring up things you potentially haven’t considered. The Law Offices of Rusty Williard can help with this. Call us today at (601) 824-9797 to learn more and schedule a free consultation.