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GENERAL DURABLE POWER OF ATTORNEY
STATE OF MISSISSIPPI
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NOTICE TO PRINCIPAL: THIS DOCUMENT GIVES THE PERSON YOU NAME (YOUR "AGENT")
BROAD POWERS TO HANDLE YOUR PROPERTY AND FINANCES. IT MAY GIVE YOUR AGENT THE
RIGHT TO ACCESS YOUR BANK ACCOUNTS, SELL YOUR PROPERTY, AND MAKE FINANCIAL
DECISIONS FOR YOU. THIS POWER OF ATTORNEY WILL CONTINUE TO BE EFFECTIVE EVEN
IF YOU BECOME DISABLED, INCAPACITATED, OR INCOMPETENT. YOU HAVE THE RIGHT TO
REVOKE THIS POWER OF ATTORNEY AT ANY TIME. YOU SHOULD SELECT SOMEONE YOU TRUST
IMPLICITLY TO BE YOUR AGENT. READ THIS DOCUMENT CAREFULLY BEFORE SIGNING.
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I, [PRINCIPAL FULL NAME], currently residing at [ADDRESS], [CITY], [COUNTY]
County, Mississippi [ZIP CODE] (hereinafter referred to as "Principal"),
hereby appoint:
[AGENT FULL NAME], residing at [ADDRESS], [CITY], [STATE] [ZIP CODE]
Telephone: [PHONE NUMBER]
(hereinafter referred to as "Agent"), to act as my true and lawful
Attorney-in-Fact, to act for me and in my name, place, and stead, and for my
use and benefit, regarding any and all of my property and affairs now or
hereafter owned or held by me, with full power to do any and all of the
following, each of which is hereby separately authorized and ratified:
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GRANT OF GENERAL POWERS
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Pursuant to Miss. Code Ann. § 87-3-101 et seq. (Mississippi Uniform Power of
Attorney Act), I grant my Agent the following powers:
- REAL PROPERTY TRANSACTIONS. To buy, sell, exchange, rent, lease, mortgage,
convey, transfer, improve, manage, maintain, repair, or otherwise deal with
any real property now or hereafter owned by me in Mississippi or elsewhere,
including the power to execute deeds, mortgages, notes, and other instruments.
- TANGIBLE PERSONAL PROPERTY. To buy, sell, exchange, rent, lease, loan,
pledge, store, maintain, repair, improve, or otherwise deal with any
tangible personal property now or hereafter owned by me.
- STOCKS AND BONDS. To buy, sell, exchange, transfer, vote, or otherwise
deal with any stocks, bonds, securities, or other investment property now
or hereafter owned by me.
- COMMODITIES AND OPTIONS. To buy, sell, exchange, assign, or otherwise deal
with commodities, futures contracts, or options now or hereafter owned by me.
- BANKS AND OTHER FINANCIAL INSTITUTIONS. To open, maintain, or close
accounts in any bank, savings and loan, credit union, or other financial
institution; to make deposits, withdrawals, or transfers; to borrow money
with or without security; and to execute all related documents.
- OPERATION OF BUSINESS. To continue, modify, or terminate any business or
business interest now or hereafter owned by me; to execute partnership
agreements, corporate resolutions, or other business documents.
- INSURANCE AND ANNUITIES. To purchase, sell, or surrender insurance
policies, annuities, or other contracts now or hereafter owned by me; to
pay premiums, collect proceeds, and exercise all rights under such policies.
- ESTATES, TRUSTS, AND OTHER BENEFICIAL INTERESTS. To accept, reject,
disclaim, or otherwise deal with any inheritance, gift, trust, or other
beneficial interest to which I may be entitled; to serve as executor,
administrator, or trustee if appointed.
- CLAIMS AND LITIGATION. To assert, prosecute, defend, settle, or abandon
any claim or litigation in which I am or may become a party or have an
interest; to execute releases, settlements, and other documents.
- TAX MATTERS. To prepare, sign, and file tax returns; to receive tax
refunds; to represent me before the IRS or Mississippi Department of
Revenue; to exercise all tax elections available to me.
- RETIREMENT PLANS. To make contributions to, select investment options
for, make withdrawals from, or roll over any retirement plan, IRA, 401(k),
pension, or other retirement account now or hereafter owned by me.
- SOCIAL SECURITY AND GOVERNMENT BENEFITS. To apply for, receive, and
manage Social Security benefits, Medicare, Medicaid, unemployment benefits,
veterans' benefits, or other government benefits to which I may be entitled.
- EMPLOYEE BENEFITS. To exercise any rights or options I may have under
any employee benefit plan, deferred compensation plan, or other benefit
arrangement.
- GIFTS. To make gifts of my property to any person, including the Agent,
in amounts consistent with my prior pattern of giving and estate planning
objectives.
- FAMILY MAINTENANCE. To provide for the support, education, health, and
welfare of my spouse, children, and other dependents.
- TRANSFERS TO TRUST. To transfer any of my assets to any trust of which
I am a beneficiary.
- DISCLAIMER OF INTERESTS. To disclaim any interest in property that I may
be entitled to receive.
- SAFE DEPOSIT BOXES. To access, enter, open, add to, remove contents from,
and close safe deposit boxes in my name.
- ALL OTHER MATTERS. To do any other act, deed, matter, or thing whatsoever
in or about my estate, property, or affairs that I could do if personally
present.
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DURABILITY PROVISION
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THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY MY SUBSEQUENT DISABILITY,
INCAPACITY, OR INCOMPETENCY. This Power of Attorney shall continue to be
effective notwithstanding my later disability, incapacity, or adjudication
of incompetence, pursuant to Miss. Code Ann. § 87-3-107.
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EFFECTIVE DATE
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This Power of Attorney shall become effective immediately upon execution.
[ALTERNATIVE — Delete the above and use this if you want a springing POA:]
This Power of Attorney shall become effective upon the written certification
by a licensed physician that I am incapacitated and unable to manage my
financial affairs.
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NOMINATION OF GUARDIAN
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If it becomes necessary for a guardian of my estate to be appointed, I
nominate my Agent, or if my Agent is unable or unwilling to serve, I nominate:
[SUCCESSOR AGENT FULL NAME]
[ADDRESS]
[CITY], [STATE] [ZIP CODE]
to serve as guardian of my estate.
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SUCCESSOR AGENT
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If my Agent dies, resigns, becomes incapacitated, or is unable or unwilling
to serve, I appoint the following as Successor Agent:
First Successor Agent:
[SUCCESSOR AGENT FULL NAME]
[ADDRESS]
[CITY], [STATE] [ZIP CODE]
Telephone: [PHONE NUMBER]
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REVOCATION
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I hereby revoke any and all prior Powers of Attorney that I have executed.
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SIGNATURES
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IN WITNESS WHEREOF, I have executed this Power of Attorney on this ___ day
of __________, 20___.
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[PRINCIPAL FULL NAME]
Principal (Signature)
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[PRINCIPAL FULL NAME - PRINTED]
Principal (Print Name)
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WITNESS ACKNOWLEDGMENT
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The Principal signed or acknowledged this Power of Attorney in my presence.
Witness 1:
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[WITNESS NAME]
[ADDRESS]
[CITY], MS [ZIP CODE]
Witness 2:
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[WITNESS NAME]
[ADDRESS]
[CITY], MS [ZIP CODE]
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NOTARY ACKNOWLEDGMENT
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STATE OF MISSISSIPPI)
ss.:
COUNTY OF __________)
On this ___ day of __________, 20___, before me, the undersigned officer,
personally appeared [PRINCIPAL FULL NAME], known to me (or satisfactorily
proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that they executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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Notary Public
My Commission Expires: ______________
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MISSISSIPPI POWER OF ATTORNEY GUIDE
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LEGAL AUTHORITY:
- Miss. Code Ann. § 87-3-101 et seq. (Mississippi Uniform Power of Attorney Act)
TYPES OF POWERS OF ATTORNEY:
- GENERAL POWER OF ATTORNEY: Gives broad authority to handle financial
and property matters.
- DURABLE POWER OF ATTORNEY: Remains effective even if you become
incapacitated.
- SPRINGING POWER OF ATTORNEY: Becomes effective only upon incapacity
(requires physician certification).
- LIMITED POWER OF ATTORNEY: Authority limited to specific matters.
REQUIREMENTS FOR VALIDITY:
- Principal must be at least 18 years old
- Principal must be mentally competent
- Must be signed by the Principal
- Must be notarized
- Two witnesses recommended
AGENT'S DUTIES:
- Act in the Principal's best interest (fiduciary duty)
- Keep accurate records
- Act within the scope of authority granted
- Avoid conflicts of interest
- Preserve the Principal's estate plan
REVOCATION:
- Principal may revoke at any time while competent
- Revocation should be in writing
- Notify the Agent and all financial institutions
FINANCIAL INSTITUTION REQUIREMENTS:
Some banks and financial institutions may require their own forms or
additional documentation. Contact your financial institutions to determine
their specific requirements.
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LEGAL DISCLAIMER
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This document is provided for informational purposes only and does not
constitute legal advice. Powers of Attorney involve significant legal rights
and responsibilities. You should consult with a licensed Mississippi
attorney before executing this document.
Mississippi law regarding Powers of Attorney is subject to change. Verify
current requirements with the Mississippi Code or a qualified attorney.