A power of attorney is a legal document that authorizes a person (your agent) to act on your behalf (you being the principal). In Mississippi (as in other states), powers of attorney can be limited or general. Limited powers of attorney authorize an agent to act only in a specific capacity (such as the authority to sign a deed on your behalf only on a specific date). General powers of attorney grant agents broad powers. Mississippi requires powers of attorney to be written and to contain notice information. Beyond that, you can tailor your power of attorney to meet your needs.
Title the document "Power of Attorney Given By [Your Name]." Make the title bold and conspicuous; center it on the page and use large text so that readers immediately know what document they are dealing with.
Announce your intent to grant the power of attorney and name your agent (also called an "attorney-in-fact"). Write "I, [you name and address] hereby appoint [agent's name and address] to act as my agent [or attorney-in-fact]. My agent shall have the following powers:"
List each power you want your agent to have. Refer to the list contained in the same Mississippi durable power of attorney form in the resources to help you draft the list. Only include the powers you want your agent to have. Omit others.
Revoke prior powers of attorney forms by writing "I hereby revoke all previous powers of attorney I may have previously granted prior to the date of this agreement. I retain the right to amend or revoke this power of attorney and to change my agent."
Describe how long the power of attorney is to last and when it becomes effective. You can put a range on the authority (such as seven years from the date of this agreement) or you can make it last until your death. Explain whether the document is effective upon signing or effective upon a physician's determination that you are mentally incapacitated (or some other trigger you choose).
Include a notice section informing your agent about the importance of the document. It is suggested that you use substantially similar language as that listed on pages 2 and 3 of the sample form contained in the resources section.
Bring the document to a Mississippi notary public. Sign and date the document in front of the notary. Have your agent sign and date the document accepting the terms of it. Notarize the document.
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