Sample Mississippi Power of Attorney
What is a Mississippi Power of Attorney and How is It Used?
Heard about how you can use a power of attorney to give someone else authority over your affairs? Does the whole thing leave a salty taste in your mouth or are you hopeful that the document is a step in a right direction? Well, even if you have mixed feelings about the document, it’s one of the best steps you could take. Think about it for a moment, wouldn’t you hate it if your family had to argue about what you would like done when you are unconscious and in a state that isn’t medically possible to recover from? It’s worse if you cannot voice your opinions and wishes, isn’t it?
A power of attorney prevents most, if not all of that from happening. Also known as a POA, it’s a legal instrument used to authorize someone else to take action and to make the big decisions on your behalf in the event of your incapacitation. The document is legally binding. And, since you’ll have to fill a free Mississippi power of attorney form before you get the document, note that the person handing over power is legally recognized as the principal and the person who is authorized to act on behalf of the other person is an agent or an attorney-in-fact.
Before we look the types of powers of attorney you can find, it’s worth mentioning that the powers given to agent are executable upon the incapacitation or unavailability of the principal (unless stated otherwise), hence springing powers of attorney.
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POAs
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For the validity of the document, it should meet the following conditions:
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It should be in writing
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Should be prepared by an adult or a minor if they are emancipated.
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Should be dated
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It should have the principal’s signature or the signature of the POA’s creator pe even an advance directive.
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The document must have the signatures of 2 adult witnesses or one adult not related to the principal. Alternatively, a notary public could acknowledge it.
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the document must be created according to the Mississippi Statutory forms
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In the state, the copy of the written directive for advance healthcare could be treated as the original document.
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Alternatively, they could create a new POA which rescinds the powers of the old POA.
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Out of state validity: as long as it's created as per the laws, the document is valid
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Unwilling physicians should help transfer the principal and those acting in good faith will not be found liable.
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Mississippi Limited POA
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This POA limits powers given to the agent to specific powers executable in the event of a principal’s incapacitation or unavailability. A revocation notice sent to the agent and the third parties acting under the agent’s orders will rescind the powers of the POA.
Mississippi Durable POA
It’s one of the most common POAs available, and it authorizes an agent to make healthcare and financial decisions on account of the principal. As you will notice when filling out the free power of attorney form in Mississippi, this POA determines who makes medical care decisions and also the person who will take care of medical bills when you are unconscious and generally incapacitated.
The financial durable POA appoints an agent to collect rent from your property, write checks, or to manage stocks on your account. Often, the financial POA powers will be executable in the event of your incapacitation or immediately the document is signed.
The durable healthcare POA, on the other hand, appoints an individual who takes up the role of a health care agent. The agent makes the tough healthcare decisions when you are unable to. Often created in combination or with the living will, the document will give the doctors directives for the types of treatments or procedures you want and the ones you don’t want. It also outlines your wishes regarding life support and the use of life-support machines.
The agent can also decide whether or not a principal gets treatments or undergoes procedures to help maintain, care for, or treat the patient’s mental or physical condition.
Note that you shouldn’t contradict your agent when consenting to treatment so, you should talk to the agent about your wishes, and then, you should have that in writing before things go downhill.
Keep in mind that if you create this document but fail to appoint an agent, the document prepared will be given to your surrogate by the state. A surrogate is an adult child, a spouse, or an adult sibling who will decide for you. This and other requirements of the durable healthcare DPOA are contained in Mississippi code sections 201 to 229 of Title 41 and in Chapter 41 of the Uniform Health Care Decisions Act.
Healthcare Durable POA Legal Requirements
Revocation
Unless the POA affords a short time, the principal is free to revoke the document as per their wishes. All that’s needed is for the principal to communicate their intention to revoke the powers to the healthcare provider or the agent.
Mississippi POA For Bank Account Matters Law
This is a special POA that gives the agent special powers over the principal’s bank account. Its executable upon the incapacitation of the principal and revocable by the principal at any time through the issuance of a revocation notice to the agent and third parties involved.
Where do you live in Mississippi? Well, that shouldn’t worry you because you will have access to our free online power of attorney forms wherever you are in Jackson, Southaven, Hattiesburg, Gulfport, Biloxi or any other city of Mississippi. Fill out the form above to get started.
Sample
MS Power of Attorney
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