Power of attorney (POA) is one of the most critical documents you or a loved one can prepare to ensure that those you trust most have the legal authority to make decisions about your wellbeing and finances should you not be able to.
Drafting a durable power of attorney, will, trust, or any end-of-life planning document is a meaningful 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 of Mississippi requires the following for a durable POA:
- 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
- Specifically allows an agent to make healthcare-related decisions
- Should substantially follow the statutory form
Can a Mississippi Durable POA Be Revoked?
The principal holds this power and can revoke the agent’s authority 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 that the state automatically places upon said spouse through a union.
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 directives and POAs relating to health care. It’s also worth noting that a Mississippi POA can be created outside the state and still maintain legal validity within the state.
A durable POA follows the specific wishes of the principal, so it’s important to note within the document if you want those 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. He or she can help sort out exactly what you need to have in the document and bring up things you potentially haven’t considered. A poorly-written POA document may not have the legal validity to stand through any familial disputes that may arise. The Law Offices of Rusty Williard can help avoid this. Call us today at (601) 824-9797 to learn more and schedule a free consultation.