Power of Attorney in Mississippi
What a Mississippi power of attorney needs to be valid — signing, witnesses, notary — and the official forms, plus health care directives.
Short answer: Mississippi's durable power of attorney law requires the principal to name the agent in writing, and the document must contain words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (or similar words) for it to survive the… Miss. Code Ann. § 87-3-105
| Financial power of attorney | Mississippi's durable power of attorney law requires the principal to name the agent in writing, and the document must contain words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (or similar words) for it to survive the principal's incapacity. A power of attorney is therefore not durable unless it says so. The durable power of attorney section does not itself require notarization or witnesses, but a power of attorney used for real estate must be acknowledged to be recorded. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). Source: Miss. Code Ann. § 87-3-105 |
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| Health care directive | An adult or emancipated minor may sign a health care power of attorney or advance health-care directive. It must be in writing, dated, and signed, and either (1) witnessed by two adults who declare under penalty of perjury that the principal appears of sound mind and free of duress (neither may be the agent, a health-care provider, or an employee of a provider or facility, and at least one may not be related to the principal or entitled to any part of the estate), or (2) acknowledged before a Mississippi notary. Mississippi provides an optional statutory Advance Health Care Directive form. Official code not freely readable online; text verified on a public code mirror (code current as of Jan. 1, 2025). |
Official forms
- Advance Health Care Directive (optional statutory form, Miss. Code Ann. § 41-41-209)
- Advance Health Care Directive (optional statutory form, Miss. Code Ann. § 41-41-209)
More Mississippi estate law
- Medical Power of Attorney in Mississippi
- Small Estate Affidavit in Mississippi
- Quitclaim Deeds and Transferring Property in Mississippi
- Who Inherits If You Die Without a Will in Mississippi
- How to Make a Valid Will in Mississippi
- How Probate Works in Mississippi
- Living Wills and Advance Directives in Mississippi
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- Letters Testamentary in Mississippi
- Affidavit of Heirship in Mississippi
- How to Avoid Probate in Mississippi
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- All Mississippi wills, probate and estate rules
FAQ
What are the requirements for a power of attorney in Mississippi?
Mississippi's durable power of attorney law requires the principal to name the agent in writing, and the document must contain words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (or similar words) for it to survive the principal's incapacity. A power of attorney is therefore not durable unless it says so.
What are the requirements for a health care directive in Mississippi?
An adult or emancipated minor may sign a health care power of attorney or advance health-care directive. It must be in writing, dated, and signed, and either (1) witnessed by two adults who declare under penalty of perjury that the principal appears of sound mind and free of duress (neither may be the agent, a health-care provider, or an employee of a provider or facility, and at least one may not be related to the principal or entitled to any part of the estate), or (2) acknowledged before a Mississippi notary. Mississippi provides an optional statutory Advance Health Care Directive form.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.