How do I file a power of attorney document?

Your name, address, and signature as the principal. The name, address, and signature of your Agent. The activities and properties under the Agent's authority. The start and termination dates of the Agent's powers. Any compensation you will give to the Agent.

How do I fill out a durable power of attorney?

The requirements for a valid durable power of attorney in Mississippi are: Created by an adult or emancipated minor.Signed by two adult witnesses, at least one of whom isn't related to principal OR acknowledged by a notary public. Specifically authorizes the agent to make health care decisions.

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Mississippi General Durable Power of Attorney

Mississippi General Durable Power of Attorney

Category:

Power of Attorney - General

State:

Mississippi

Control #:

MS-P003

Format:

Instant download

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Description

This General Durable Power of Attorney form is a general, durable power of attorney which is not affected by the principal's disability, incompetency or incapacity. You can use this form to appoint an attorney-in-fact (agent) to make decisions regarding healthcare, property, financial, management, banking, business and other matters for you. The powers granted to an Agent in this Power of Attorney are very broad.

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How to fill out Mississippi General Durable Power Of Attorney?

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FAQ

The power of attorney must be holographic (i.e. handwritten in full, and dated and signed by the donor) or be officially recorded by a notary. The form of the power of attorney is the same as for a will.If the person cannot write it themselves, it must be drafted and certified by a notary.

Generally, the document must be signed, witnessed and notarized by an adult. If your agent will have to deal with real estate assets, some states require you to put the document on file in the local land records office. The power of attorney for finances is typically extinguished upon death, revocation, or divorce.

You can draft a durable power of attorney by writing out or typing the document, which should include the date, your full name, and speech that clearly identifies the document as a durable power of attorney that applies even in the case of your incapacitation.

Your name, address, and signature as the principal. The name, address, and signature of your Agent. The activities and properties under the Agent's authority. The start and termination dates of the Agent's powers. Any compensation you will give to the Agent.

The requirements for a valid durable power of attorney in Mississippi are: Created by an adult or emancipated minor.Signed by two adult witnesses, at least one of whom isn't related to principal OR acknowledged by a notary public. Specifically authorizes the agent to make health care decisions.

Setting up a lasting power of attorney Contact the Office of the Public Guardian to get the relevant forms and an information pack. You can download the forms or fill them out online. You can fill out the forms yourself, or with the help of a solicitor or local advice agency.

Draft a list of special powers. Decide what powers are springing. Pick an agent and a successor agent. Note the expiration date. Compile the information into one document. Execute the power of attorney letter.

Most states offer simple forms to help you create a power of attorney for finances. Generally, the document must be signed, witnessed and notarized by an adult. If your agent will have to deal with real estate assets, some states require you to put the document on file in the local land records office.

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General Durable Power of Attorney

Power of Attorney and Health Care - General - Mississippi

Sections 87-3-101 through 87-3-113 may be cited as the "Uniform Durable Power of Attorney Act."

Section 87-3-103: Sections 87-3-101 through 87-3-113 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting the Uniform Durable Power of Attorney Act.

Section 87-3-103:Sections 87-3-101 through 87-3-113 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting the Uniform Durable Power of Attorney Act.

Section 87-3-105: A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time," or "This power of attorney shall become effective upon the disability or incapacity of the principal," or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity, and, unless it states a time of termination, notwithstanding the lapse of time since the execution of the instrument.

Section 87-3-107: All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.

Section 87-3-109:

(1) If, following execution of a durable power of attorney, a court of the principal's domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal's property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as to the principal. The fiduciary has the same power to revoke or amend the power of attorney that the principal would have had if he were not disabled or incapacitated.

(2) A principal may nominate, by a durable power of attorney, the conservator, guardian of his estate, or guardian of his person for consideration by the court if protective proceedings for the principal's person or estate are thereafter commenced. The court shall make its appointment in accordance with the principal's most recent nomination in a durable power of attorney except for good cause or disqualification.

Section 87-3-111:

(1) The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds successors in interest of the principal.

(2) The disability or incapacity of a principal who has previously executed a written power of attorney that is not a durable power does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the disability or incapacity of the principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the principal and his successors in interest.

Section 87-3-113: As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal's death, disability, or incapacity is conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power of attorney requires execution and delivery of any instrument that is recordable, the affidavit when authenticated for record is likewise recordable. This section does not affect any provision in a power of attorney for its termination by expiration of time or occurrence of an event other than express revocation or a change in the principal's capacity.

General Durable Power of Attorney

Power of Attorney and Health Care - General - Mississippi

Sections 87-3-101 through 87-3-113 may be cited as the "Uniform Durable Power of Attorney Act."

Section 87-3-103:Sections 87-3-101 through 87-3-113 shall be applied and construed to effectuate their general purpose to make uniform the law with respect to the subject of these sections among states enacting the Uniform Durable Power of Attorney Act.

Section 87-3-109:

Section 87-3-111:

Mississippi General Durable Power of Attorney

Description

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