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Power of Attorney in Mississippi: Durability Wording, Notarizing, Gifts and How to Get One
Mississippi still uses the older Uniform Durable Power of Attorney Act, so a power of attorney lasts through incapacity only if it says so. Here is what the law requires, and where it is silent.
By naveen · Updated · How we research our guides
What to know
- Mississippi's law is the Uniform Durable Power of Attorney Act, Miss. Code §§ 87-3-101 to 87-3-113; bills to replace it with the newer Uniform Power of Attorney Act died in every session from 2014 through 2019.
- A Mississippi power of attorney is durable only if it contains durability wording, such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal" (§ 87-3-105).
- The sections we read don't require witnesses or a notary, but a power of attorney must be acknowledged or proved before it can be recorded (§ 87-3-1).
- Broad wording carries authority to make gifts in line with your parent's history of giving (§ 87-3-7).
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A power of attorney in Mississippi lets your parent (the principal) name an agent, called an attorney in fact in the statute, to handle money and property. The law asks little of the document's form. Under Miss. Code § 87-3-7, "A letter of attorney to transact any business need only express plainly the authority conferred." The wording matters, because durability isn't automatic.
What is a durable power of attorney in Mississippi?
Under § 87-3-105, "A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words" set out in the statute. Those are:
- "This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time"; or
- "This power of attorney shall become effective upon the disability or incapacity of the principal"; or
- "similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal's subsequent disability or incapacity."
If a power of attorney isn't durable, § 87-3-111 says your parent's incapacity doesn't revoke it as to an agent or other person who acts in good faith "without actual knowledge of the disability or incapacity of the principal." That protection covers only people who don't know. For the reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does Mississippi require for a power of attorney to be valid?
Mississippi requires a writing that plainly states the agent's authority, plus durability wording if it should keep working after incapacity; the sections we read don't require witnesses or a notary.
| Requirement | What the law says |
|---|---|
| Writing that states the authority | It "need only express plainly the authority conferred" (§ 87-3-7) |
| Durability wording | Needed for it to survive incapacity (§ 87-3-105) |
| Notary | Not required by the sections we read; needed before it can be recorded (§ 87-3-1) |
| Witnesses | Not required by the sections we read |
Bills in 2011 and 2012 would have required a date and either a notary or two witnesses; both died. If your parent notarizes, the notary can't be a close relative. Mississippi bars a notary who "Is a spouse, child, sibling, parent, grandparent, grandchild, aunt or uncle, or niece or nephew" of the signer, including in-laws and step-relatives (§ 25-34-7). Your parent must appear in person before the notary (§ 25-34-15).
Is there an official Mississippi power of attorney form?
Not in the sections we read: they include no statutory power of attorney form. The uniform act bills that would have added a statutory form died, so in the law we read there's no official form to fill in; the document is one your parent chooses or has drafted.
Gifts deserve attention. Under § 87-3-7(2), if a power of attorney lets the agent "do, execute or perform any act that the principal might or could do," or shows your parent's intent to give the agent "full power to handle the principal's affairs or deal with the principal's property," the agent has authority "to make gifts in any amount of any of the principal's property" to individuals or qualifying charities, "in accordance with the principal's personal history of making or joining in the making of lifetime gifts." That makes gifts a question to settle with your parent before signing, whichever way they decide.
When does it take effect, and when does it end?
A Mississippi power of attorney can work from signing or, if its wording says so, start later: § 87-3-105 recognizes a power of attorney that "shall become effective upon the disability or incapacity of the principal." The sections we read don't say who decides that your parent is incapacitated; a 2018 bill that would have set that rule died in committee. Spelling out the trigger in the document avoids a gap.
The act protects people who haven't yet heard of your parent's death. Under § 87-3-111, death "does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power." The sections we read don't address divorce or a spouse serving as agent.
If a court later appoints a conservator for your parent's property, "the attorney in fact is accountable to the fiduciary as well as to the principal," and the conservator "has the same power to revoke or amend the power of attorney that the principal would have had" (§ 87-3-109). Your parent can also use a durable power of attorney to nominate a conservator or guardian, and the court follows "the principal's most recent nomination in a durable power of attorney except for good cause or disqualification."
What does the agent have to do?
The Mississippi act sections we read set out few duties beyond accountability to a court-appointed conservator. They don't list record-keeping or reporting duties. Your parent can write those expectations into the document, and an agent who keeps receipts and a simple ledger gives the family and any court a clear trail. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept a Mississippi power of attorney?
The sections we read don't set a deadline for a bank to accept a power of attorney or a penalty for refusing one. The uniform act bills that would have added acceptance rules and liability for refusal died. What the law does provide is protection for people who act in good faith without knowing of your parent's death or, for a non-durable power, their incapacity (§ 87-3-111).
Does a Mississippi power of attorney need to be recorded?
Recording is optional under the sections we read. Under § 87-3-1, letters of attorney may be acknowledged or proved as conveyances of land are required to be, then recorded, and "copies thereof, duly certified, shall be admitted in evidence, without accounting for the nonproduction of the original."
A family home needs care. When the owner is married and living with the spouse, a conveyance, mortgage or deed of trust on a homestead isn't valid unless signed by the spouse "or by an attorney in fact for the spouse," and any power of attorney used for that purpose "shall designate an attorney in fact other than the spouse" (§ 89-1-29).
How do you get a power of attorney for an elderly parent in Mississippi?
Your parent makes it, by signing a written power of attorney that states the agent's authority plainly. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document drafted for their situation that states the agent's authority plainly.
- Confirm it contains durability wording if it should keep working after incapacity, and decide how it handles gifts.
- Your parent signs, and acknowledges it before a notary who isn't a relative if it may be recorded or used for real estate.
- Give the agent a copy and keep the original somewhere safe.
Timing matters because your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. Because Mississippi's statute leaves so much to the document's wording, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Mississippi?
The sections we read don't prescribe a method. If the power of attorney was recorded, a writing revoking it may, once acknowledged or proved, "be recorded in like manner, and with like effect from the time of being filed for record," in the office "in which the letters revoked were recorded" (§ 87-3-17).
A written, dated revocation delivered to the agent and to every bank holding a copy leaves a clear record of when the authority ended.
How much does a power of attorney cost in Mississippi?
Mississippi caps the notary's fee at $5, and the sections we read set no other fee for the document itself. Since July 1, 2021, "A notarial officer may charge a fee in an amount not to exceed Five Dollars ($5.00) for services rendered unless otherwise prohibited by law or by rules promulgated by the Secretary of State" (§ 25-34-9). Bills to change the cap died in 2022 and 2024.
The sections we read contain no statutory form; if an attorney drafts the document, the attorney's fee is separate, and none of the sources on this page sets it.
Frequently asked questions
Does a power of attorney need to be notarized in Mississippi?
Not under the sections we read, which require only a writing that plainly states the authority. But a power of attorney must be acknowledged or proved before it can be recorded (§ 87-3-1), which matters for real estate. If your parent uses a notary, the notary can't be a close relative, and your parent must appear in person.
Is a Mississippi power of attorney durable?
Only if it says so. Under § 87-3-105, a durable power of attorney contains words such as "This power of attorney shall not be affected by subsequent disability or incapacity of the principal," or similar words showing your parent intends it to keep working after incapacity. Without them, it isn't a durable power of attorney under the act.
Can an agent make gifts under a Mississippi power of attorney?
Possibly, even without saying so. Under § 87-3-7, a power of attorney that lets the agent do any act your parent could do, or shows intent to give the agent full power over their affairs, carries authority to make gifts consistent with your parent's history of lifetime giving. Your parent can address gifts directly in the document.
Can a Mississippi financial power of attorney make medical decisions?
A financial power of attorney covers property and finances. Mississippi handles health care through a power of attorney for health care under the Uniform Health-Care Decisions Act, which needs two qualified witnesses or a notary. Our Mississippi medical power of attorney guide explains it.
Who can notarize a power of attorney in Mississippi?
A commissioned notary who isn't a party to the document or a close relative of your parent. Section 25-34-7 bars a spouse, child, sibling, parent, grandparent, grandchild, aunt, uncle, niece or nephew, including in-laws and step-relatives. Section 25-34-9 caps the notary's fee, and your parent must appear in person.
What if my elderly parent can no longer sign?
A power of attorney needs your parent's own decision and signature. If they can no longer give them, the family may need a court-appointed conservator or guardian instead. An existing durable power of attorney can nominate the conservator or guardian, and the court follows that nomination except for good cause or disqualification.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Mississippi its wording decides whether it survives incapacity. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
Mississippi's Code is published online through a commercial host; the statute text quoted here comes from bills published by the Mississippi Legislature.
- House Bill 849 (2017), as sent to the Governor: current text of § 87-3-7 (form and gifts) and § 87-3-109 (conservators and nominations).
- House Bill 277 (2018), as introduced: prints the current definition of a durable power of attorney in § 87-3-105; the bill's proposed addition did not pass.
- House Bill 1110 (2012), as passed by the House: prints § 87-3-111 on death, incapacity and good-faith reliance; the bill did not pass.
- House Bill 708 (2015), as introduced: prints §§ 87-3-1 and 87-3-17 on recording; the bill did not pass.
- House Bill 921 (2007), as sent to the Governor: powers of attorney for homestead conveyances (§ 89-1-29).
- House Bill 1156 (2020), Revised Mississippi Law on Notarial Acts: the act as sent to the Governor, effective July 1, 2021.
- Mississippi Secretary of State, Revised Mississippi Law on Notarial Acts: the codified notary law, including who can't notarize (§ 25-34-7), the $5 fee cap (§ 25-34-9) and in-person appearance (§ 25-34-15).
- Senate Bill 2287 (2018), as introduced: a Uniform Power of Attorney Act bill whose title names the current Uniform Durable Power of Attorney Act, §§ 87-3-101 to 87-3-113; it died in committee.
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