Mississippi Power of Attorney Guide 2026
This content is for informational purposes only and does not constitute legal advice. Consult a licensed Mississippi attorney for advice specific to your situation.
A Power of Attorney (POA) lets you choose someone to make decisions for you. This guide covers everything you need to know about creating a Power of Attorney in Mississippi.
Quick Facts: Power of Attorney in Mississippi
| Requirement | Details |
|---|---|
| Governing Law | Miss. Code § 87-3-101 et seq. (Uniform POA Act) |
| Minimum Age | 18 years old |
| Capacity Required | Must be of sound mind |
| Witnesses | Not required by statute |
| Notarization | Required for recording |
| Recording | Required only for real estate |
Types of Power of Attorney in Mississippi
1. General Durable Power of Attorney
What it does: Gives your agent broad authority to handle financial matters, even if you become incapacitated.
Best for: Future planning, aging parents, military deployment
Powers included:
- Banking transactions
- Real estate transactions
- Investment management
- Business operations
- Insurance matters
- Tax matters
2. Limited (Special) Power of Attorney
What it does: Gives your agent authority for a specific purpose only.
Best for: Single transactions, temporary absence
Examples:
- Selling a specific property
- Handling a single financial transaction
- Managing one bank account
3. Healthcare Power of Attorney
What it does: Lets your agent make medical decisions if you cannot.
Best for: Medical emergencies, end-of-life planning
Related documents:
- Living Will
- Do Not Resuscitate (DNR) Order
4. Springing Power of Attorney
What it does: Only becomes effective if you become incapacitated.
Best for: Those who want to maintain control until needed
Choosing Your Agent
Who Should You Choose?
Your agent should be:
- Someone you trust completely
- Organized and responsible
- Available when needed
- Willing to serve
- Financially responsible
Who Can Be Your Agent?
- Spouse or partner
- Adult child
- Sibling
- Trusted friend
- Professional (attorney, accountant)
Name an Alternate
Always name an alternate agent in case your first choice cannot serve.
Mississippi POA Requirements
What Makes a POA Valid in Mississippi?
Under the Mississippi Uniform Power of Attorney Act:
- In writing: Oral POAs are not valid
- Signed by principal: You must sign the document
- Notarized: Required for recording and recommended for all
- Durable language: Must include specific language to survive incapacity
Notarization
Although not strictly required for validity, notarization is strongly recommended and required for:
- Recording with the Chancery Clerk
- Most financial institutions
- Real estate transactions
Agent's Duties in Mississippi
Under Miss. Code § 87-3-112, your agent must:
- Act in good faith — Honest dealing at all times
- Act in your best interest — Put your needs first
- Keep records — Document all transactions
- Avoid conflicts of interest — No self-dealing
- Account when requested — Provide records if asked
- Cooperate with healthcare representatives — If applicable
Creating Your POA: Step by Step
Step 1: Choose Your Agent
- Consider carefully who you trust
- Discuss with the person first
- Choose an alternate
Step 2: Decide on Powers
- List specific powers you want to grant
- Consider what you really need
- Be specific about limitations
Step 3: Complete the Document
- Fill out the POA form
- Include all required elements
- Be specific about powers granted
Step 4: Execute Properly
- Sign in front of a notary public
- Have notarized
- Have agent sign acknowledgment
- Keep original in safe place
Step 5: Distribute Copies
- Give copy to agent
- Give copies to financial institutions
- Keep copy for yourself
- Consider recording if real estate involved
Revoking a Power of Attorney
How to Revoke
- Create a written revocation — State you are revoking the POA
- Sign and notarize — Follow same formalities
- Notify your agent — Deliver copy of revocation
- Notify third parties — Banks, institutions that relied on POA
When POA Automatically Ends
- Your death
- Agent's death or incapacity (unless alternate named)
- Divorce (if spouse was agent)
- Court-appointed guardian/conservator
Recording Your POA
When to Record
Only required if your POA involves real estate transactions.
Where to Record
File with the Chancery Clerk in your county.
Recording fees: $10–$25 depending on county
Hinds County (Jackson)
- Address: 316 S. President Street, Jackson, MS 39201
- Phone: (601) 968-6500
Harrison County (Gulfport)
- Address: 1801 23rd Avenue, Gulfport, MS 39501
- Phone: (228) 865-4000
DeSoto County (Hernando)
- Address: 2535 Highway 51 South, Hernando, MS 38632
- Phone: (662) 429-1310
Legal Aid Resources in Mississippi
| Organization | Phone | Services |
|---|---|---|
| MS Center for Legal Services | (601) 948-4311 | Free help for low-income |
| North MS Rural Legal Services | (662) 234-8731 | Northern Mississippi |
| South MS Legal Services | (228) 864-5678 | Southern Mississippi |
| MS Bar Lawyer Referral | (601) 969-6529 | Low-cost consultations |
Next Steps
- Choose your agent — Someone you trust completely
- Decide on powers — What authority to grant
- Complete the form — Include all required elements
- Execute properly — Notarize
- Distribute copies — To agent and institutions
- Store safely — Keep original secure
Get Mississippi Power of Attorney Documents
jurisdiction-correct Mississippi Power of Attorney documents from Jurist-Diction include durable POA templates — starting at $47.
Templates are for informational purposes only and do not constitute legal advice. For legal advice, contact a licensed Mississippi attorney or Mississippi Center for Legal Services at (601) 948-4311.