Mississippi Power of Attorney Requirements
Mississippi’s durable Power of Attorney law is the Uniform Durable Power of Attorney Act (Miss. Code Ann. § 87-3-101 et seq.); Mississippi has not adopted the newer Uniform Power of Attorney Act. The current Mississippi Code is published behind a third-party terms page, so each point below links to an official Mississippi source it was checked against.
Based on Mississippi Uniform Durable Power of Attorney Act, Miss. Code Ann. § 87-3-101 et seq.. Reviewed October 2026. Education, not legal advice — Mississippi’s requirements are set by state law and can change, so confirm them with an official Mississippi source or a licensed attorney.
Preparing to serve—or already serving—in Mississippi?
The National Handbook explains the responsibilities. The National Workbook helps you organize the work. Use the Mississippi information below to explore requirements, official sources, and available resources.
Requirements depend on your documents and applicable law. Confirm current information with official sources or a qualified professional in your state.
Where is Mississippi’s Power of Attorney law?
Mississippi’s durable Power of Attorney law is the Uniform Durable Power of Attorney Act, Miss. Code Ann. §§ 87-3-101 to 87-3-113. It is short, and Mississippi does not publish an official statutory Power of Attorney form, so many people have an attorney prepare the document.
Mississippi Secretary of State: durable Power of Attorney law ↗
Is a Mississippi Power of Attorney durable?
Only if it says so. Under Miss. Code Ann. § 87-3-105, a Power of Attorney is durable when it contains words such as “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or similar words. A Power of Attorney can also be written to take effect upon the principal’s disability or incapacity.
Mississippi Secretary of State: durable Power of Attorney law ↗
How does a Mississippi Power of Attorney have to be signed?
The Act describes a durable Power of Attorney as one made in writing; it does not itself list notarization or witnesses. Banks, title companies and county offices may expect a notarized document, especially for real estate, so confirm what will be needed with a Mississippi attorney before signing.
Mississippi Secretary of State: durable Power of Attorney law ↗
Who is a Mississippi agent accountable to?
Under Miss. Code Ann. § 87-3-109, if a court appoints a conservator or guardian of the estate, the agent (called the attorney in fact) is accountable to that fiduciary as well as to the principal. Keeping clear records protects both the principal and you.
Mississippi Secretary of State: durable Power of Attorney law ↗
How is a Mississippi advance health-care directive signed?
Healthcare decisions are covered by Mississippi’s Uniform Health-Care Decisions Act (Miss. Code Ann. § 41-41-201 et seq.). A power of attorney for health care is in writing, dated and signed, and then either signed by two witnesses or acknowledged before a notary public. A witness may not be a health-care provider, an employee of a health-care provider or facility, or the agent, and at least one witness must be unrelated to the principal and not entitled to any part of the estate.
Mississippi Legislature: Uniform Health-Care Decisions Act (1998) ↗
This summary is educational and may not reflect the most current law — verify against the current statutes or with a Mississippi attorney before relying on it.
The universal rules of the role
The exact forms, witnessing, and notarization rules change from state to state — those are in Mississippi’s essentials above.But the heart of the role is the same everywhere in the U.S. Here’s what always applies.
Your duties as an agent
Every decision is for the principal, never for you. This is the core legal duty of an agent, everywhere.
Never mix the principal’s funds with your own. Use their accounts for their expenses, and don’t borrow or lend to yourself.
Track every transaction, receipt, and major decision. Good records protect the principal — and protect you if anyone ever asks.
You can only do what the Power of Attorney actually authorizes. If it isn’t granted in the document, you don’t have the authority.
Follow what they’d want, preserve their existing estate plan where you can, and avoid anything that benefits you at their expense.
What a Power of Attorney can’t do
A Power of Attorney works only while the principal is alive. The moment they pass, it ends and the will and executor (or trustee) take over.
An agent cannot make or rewrite the principal’s will, and generally can’t change beneficiary designations unless the document specifically allows it.
Powers not written into the document — like making gifts or changing accounts — usually aren’t allowed. When in doubt, it’s probably not authorized.
When you sign correctly as the agent (not personally), you’re acting for them — you don’t take on their debts by serving.
How to sign as an agent
Always sign in your representative capacity — never just your own name on the principal’s business. A safe format anywhere is “Jane Doe, as agent for John Doe” (some institutions prefer “John Doe by Jane Doe, agent”). Signing your name alone can make you personally liable; signing as the agent makes clear you’re acting for them.
When the authority ends
- The principal revokes it — they can, at any time, as long as they’re competent.
- The principal dies — authority passes to the will or trust.
- A court appoints a guardian or conservator, or the document’s own end date or condition is reached.
One key distinction, everywhere: a durable Power of Attorney keeps working if the principal becomes incapacitated; a non-durable one ends at incapacity. Whether yours is durable is stated in the document itself.
Where to get the official forms
The official Mississippi Power of Attorney and health care directive forms are free from the state and its official resources. Here’s where to find them — we link them as a resource so you can go straight to the source. What we provide is the plain-language help to understand and actually use them, not the forms themselves.
- Mississippi Code — official free public access (Title 87, Chapter 3)Official source: Mississippi Secretary of StateMississippi’s durable power of attorney law is Miss. Code § 87-3-101 et seq.; this Secretary of State page links to the official code. No statutory financial POA form.Open on sos.ms.gov →
- Guidelines and Forms for Preparing a Mississippi Advance Health Care Directive — MSLegalServices.orgOfficial source: MSLegalServices.org (Mississippi Center for Legal Services / North Mississippi Rural Legal Services)Statewide legal-aid page with guidance and forms for Mississippi's Advance Health-Care Directive (Uniform Health-Care Decisions Act, Miss. Code § 41-41-201 et seq.).Open on mslegalservices.org →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice. These links are an educational resource pointing you to official sources; we are not affiliated with or endorsed by any government office. Power of Attorney and health care directive requirements vary by state and change over time. Before you sign or rely on any form, confirm it is the current, correct form for your situation with the official Mississippi source above or a licensed Mississippi attorney. If a link doesn’t open, search for the form by name on the official state website.
POST: a different kind of document
POST
Mississippi Physician Orders for Sustaining Treatment (POST) form — Mississippi State Board of Medical LicensureSource: Mississippi State Board of Medical LicensureA POLST-type form is different from a general advance directive. It is generally intended for people with serious illness, advanced medical conditions or significant frailty, when current treatment wishes need to be written as medical orders — completed with a clinician. It is not a document every adult needs.Open on msbml.ms.gov →
Learn the whole role
The POA Caregiver Program is national and works in every state — education for the whole role, from the day you’re named agent to confident, organized caregiving, with a Certificate of Completion when you finish.
Get Updates for Mississippi
Where to go for official help
A simple starting list of the government offices an agent under a Power of Attorney (or their caregiver) in Mississippi may need. Click a website to open the office’s official page in a new tab.
- MDHS Adult Protective ServicesReport abuse, neglect or exploitation of vulnerable adults.www.mdhs.ms.gov/aging/adult-protective-services → · 844-437-6282
- MDHS Division of Aging & Adult ServicesServices for older adults, vulnerable adults and caregivers.www.mdhs.ms.gov/aging →
- Mississippi Attorney General: Consumer ProtectionComplaints about unfair and deceptive business practices.attorneygenerallynnfitch.com/divisions/consumer-protection → · 601-359-3680
- MSLegalServices.orgStatewide guide to free civil legal services for low-income people and seniors.www.mslegalservices.org → · 1-800-519-2915
- Eldercare Locator (federal)Free help finding local aging services, Area Agencies on Aging, and adult protective services anywhere in the U.S.eldercare.acl.gov → · 1-800-677-1116
- Social Security Administration (federal)Benefits, the representative payee program, retirement and disability.www.ssa.gov →
- Medicare (federal)Federal health coverage for people 65+ and some disabilities.www.medicare.gov →
- CFPB — Managing Someone Else’s MoneyPlain-language federal guides for agents under a Power of Attorney.www.consumerfinance.gov/consumer-tools/managing-someone-elses-money →
POA Caregiver™ is not affiliated with, endorsed by, or partnered with any of these offices. This list is a resource to help guide you to the right official source — nothing more. Government offices, links, and phone numbers change over time, so if a link doesn’t open, search for the office by name to find its current official page.
Some of the best help is free and official. We point you to these authoritative sources — and give you the journey, organization, and plain-language navigation on top of them. See the full national resource library →
POA Caregiver™ is not a law firm and does not provide legal, medical, tax, or financial advice, and is not affiliated with or endorsed by these organizations. They are shared as free educational resources — always confirm details with the official source or a licensed professional in your state.
Guides for every agent, in any state
Plain-English help that applies wherever you live — start with The Power of Attorney Agent’s Guide, or jump in:
What may help next
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POA Caregiver provides education, not legal, medical, financial or tax advice. Authority comes from the Power of Attorney document and applicable law, and serving as an agent is a different role from caregiving.
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