Content Overview
In Mississippi, a Durable Power of Attorney (DPOA) is a vital legal document that empowers an individual, known as the agent or attorney-in-fact, to make decisions on behalf of another person, referred to as the principal. This form is particularly significant because it remains effective even if the principal becomes incapacitated, ensuring that their financial and healthcare needs are managed without interruption. The DPOA can cover a wide range of responsibilities, including handling bank transactions, managing real estate, and making medical decisions. It is essential for the principal to choose someone they trust, as this person will have considerable authority over their affairs. Additionally, the DPOA can be customized to reflect the principal's specific wishes, allowing for limitations or broad powers as deemed necessary. Understanding the nuances of this form can help individuals safeguard their interests and ensure that their preferences are respected during challenging times.
Mississippi Durable Power of Attorney Preview
Mississippi Durable Power of Attorney
This Durable Power of Attorney (“Agreement”) is made under the powers granted by the Mississippi Durable Power of Attorney Act and is designed to designate a trusted individual (the “Agent”) to manage financial, legal, and personal affairs on behalf of the person executing this document (the “Principal”), specifically when the Principal cannot manage them due to incapacity or any other reason.
Principal Information
Name: ___________________________________________
Address: ________________________________________
County: _________________________________________
State: Mississippi
Zip Code: _______________________________________
Agent Information
Name: ___________________________________________
Address: ________________________________________
County: _________________________________________
State: __________________________________________
Zip Code: _______________________________________
Alternate Agent Information (Optional)
In the event the original Agent is unable or unwilling to serve, the Principal may designate an alternate Agent.
Name: ___________________________________________
Address: ________________________________________
County: _________________________________________
State: __________________________________________
Zip Code: _______________________________________
Powers Granted
This Durable Power of Attorney grants the Agent the following powers, which include but are not limited to, the ability to:
- Buy or sell property
- Manage banking transactions
- Claim, litigate, and settle legal claims
- Make decisions regarding healthcare benefits and insurance
- Handle matters related to taxes and Social Security benefits
Term
This Durable Power of Attorney will become effective immediately upon signing and will remain in effect indefinitely unless a specific termination date is herein stated:
Termination Date (if applicable): _____________________________
Signatures
This document must be signed by the Principal, the Agent, and a Notary Public to be considered valid and enforceable under Mississippi law.
Principal’s Signature
Date: _________________
Signature: ______________________________________
Agent’s Signature
I, the undersigned, accept the designation as Agent under this Durable Power of Attorney.
Date: _________________
Signature: ______________________________________
Alternate Agent’s Signature (If Applicable)
If designated as an alternate, I accept the position upon the original Agent's inability or unwillingness to serve.
Date: _________________
Signature: ______________________________________
Notarization
This document was acknowledged before me on ____________ (date) by the above-named Principal, who is personally known to me or who has produced identification as proof of identity.
Notary Public’s Name: ________________________________
Signature: ______________________________________
My commission expires: ___________________________
Form Information
| Fact Name | Details |
|---|---|
| Definition | A Durable Power of Attorney allows one person to make decisions on behalf of another, even if the person becomes incapacitated. |
| Governing Law | The Mississippi Durable Power of Attorney is governed by Mississippi Code § 87-3-1 et seq. |
| Durability | This type of power of attorney remains effective even if the principal becomes mentally incompetent. |
| Agent's Authority | The agent can manage financial matters, make medical decisions, or handle real estate transactions, depending on the powers granted. |
| Signing Requirements | The form must be signed by the principal and acknowledged before a notary public. |
| Revocation | The principal can revoke the Durable Power of Attorney at any time, as long as they are competent. |
| Limitations | Certain powers, like making a will or changing beneficiaries, cannot be granted through this form. |
| Durable vs. Non-Durable | A Durable Power of Attorney is different from a Non-Durable Power of Attorney, which ends if the principal becomes incapacitated. |
| Importance | This document is crucial for ensuring that someone trusted can make important decisions on your behalf when you are unable to do so. |
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