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If a person wants to authorise someone to act as a power of attorney on his behalf, it must be signed and notarised by a certified notary advocate, who is able to declare that you are competent at the time of signing the document to issue the said power of attorney.
Notarization Requirement While Mississippi's power of attorney laws are silent on the subject of notarization, signing your POA in the presence of a notary public is very strongly recommended.
The requirements and restrictions vary in each state; however, in Mississippi, your document will require notarization. If your agent will have the authority to manage real estate transactions, the Power of Attorney will need to be acknowledged by a notary and recorded or filed with the county.
An affidavit is a sworn statement put in writing. When you use an affidavit, you're claiming that the information within the document is true and correct to the best of your knowledge. Like taking an oath in court, an affidavit is only valid when you make it voluntarily and without any coercion.
A power of attorney allows your agent to act on your behalf with another party. Now that party might ask the agent to prove that you have given him the authority. This can be done by showing an affidavit made by your agent where he states that he is your agent and that you have given him the power of attorney.
Section 202 of the Act states that if the agent in a principal-agent relationship has an interest in the agency then, the power of attorney cannot be revoked without the consent of the agent.
Legal Requirements for Durable Power of Attorney In writing. Dated. Signed by the principal or creator of the power of attorney or advance directive. Signed by two adult witnesses, at least one of whom isn't related to principal OR acknowledged by a notary public.
When a person swears to be truthful in creating the affidavit, they are called an affiant. Affidavits are a vital part of court proceedings since they provide a written account of the details surrounding the case, which can make it easier for judges to make decisions. They are also useful for record-keeping purposes.
A Mississippi durable power of attorney form is a document that allows a person (principal) to choose someone else to handle their business and financial affairs. The person selected will be able to keep representing the principal for financial matters even in the event of incapacitation.