What the rule says
Mississippi's POA framework is codified at Miss. Code Ann. § 87-3-101 et seq. Mississippi has not adopted the comprehensive Uniform Power of Attorney Act with default durability. Mississippi requires express durability language.
Express durability
Under Mississippi law, a power of attorney is durable only if the document includes specific language showing intent for the POA to continue despite incapacity.
Specific powers
Under Mississippi law, certain significant powers (gifts, beneficiary changes, trust modifications) typically require express authorization in the POA.
Execution requirements
A valid Mississippi POA must be:
- Signed by the principal - Acknowledged before a notary public
Healthcare advance directive is separate
Mississippi separates property and healthcare frameworks. Healthcare decisions require a separate Mississippi Advance Health-Care Directive under Miss. Code Ann. § 41-41-201 et seq.
What happens without a POA
If a Mississippi resident becomes incapacitated without an executed durable POA, the family must seek conservatorship under Miss. Code Ann. § 93-13-251 et seq.
What you can do about it
For Mississippi residents:
- Execute a durable POA with express durability language. - Acknowledge before a notary. - Specifically grant any significant powers. - Designate a successor agent. - Coordinate with the Advance Health-Care Directive.
Who this affects most
Mississippi's POA framework is most consequential for Mississippi adults without executed POAs and households with non-durable POAs.