Mississippi Power of Attorney Laws: Durable, Medical, and Financial POA (2026)

Mississippi governs durable financial powers of attorney under the Uniform Durable Power of Attorney Act, Miss. Code sections 87-3-101 to 87-3-113. Mississippi has not adopted the 2006 Uniform Power of Attorney Act (UPOAA) used by more than 30 states, and its durable-POA framework traces to the older uniform act. A financial power of attorney must contain specific durability language to remain valid after the principal becomes incapacitated. Healthcare decision-making authority is entirely separate and governed by the Mississippi Uniform Health-Care Decisions Act, Miss. Code sections 41-41-201 to 41-41-229.

For the full 50-state overview, see our national Power of Attorney guide.

What a Power of Attorney Does in Mississippi

A power of attorney is a written legal document in which one person, the principal, authorizes another person, the agent (also called the attorney-in-fact), to act on the principal's behalf. The scope of authority can be broad, covering banking, real estate, investments, and general financial management, or it can be narrow, limited to a single transaction such as closing on a specific piece of property. Whatever authority a Mississippi POA grants, it ceases the moment the principal dies. A POA is not a substitute for a will and has no effect on assets after death.

Mississippi draws a firm line between financial authority and healthcare authority. Financial and property powers are governed by the Uniform Durable Power of Attorney Act at Miss. Code sections 87-3-101 to 87-3-113. Healthcare decision-making authority is governed by an entirely different statute, the Uniform Health-Care Decisions Act at Miss. Code sections 41-41-201 to 41-41-229. A financial POA does not give the agent any authority over medical decisions, and a healthcare directive does not authorize financial transactions. Many Mississippians sign both documents as part of their estate plan.

Durable Power of Attorney in Mississippi

By default, a power of attorney in Mississippi ends if the principal becomes mentally incapacitated. That outcome defeats the main planning purpose for most people. To create a durable POA that survives incapacity, the document must expressly state the principal's intent. Under Miss. Code section 87-3-105, a power of attorney is durable only if 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
• "This power of attorney shall become effective upon the disability or incapacity of the principal," or
• Similar words showing the principal's intent that the authority conferred is exercisable notwithstanding subsequent disability or incapacity.

The first phrase creates a standard durable POA that is effective immediately upon signing and continues through incapacity. The second phrase creates a springing durable POA, which takes effect only when the principal becomes incapacitated. A springing POA may seem appealing because it limits the agent's authority to a period of genuine need, but it can create delays in practice when banks and other institutions demand proof that the triggering condition has been met. Estate planning attorneys in Mississippi generally recommend a durable POA effective immediately.

Once a durable POA is in place, Miss. Code section 87-3-107 ensures that all acts done by the agent during any period of disability or incapacity of the principal have the same legal effect as if the principal were fully competent. Unless the document states a time of termination, the power is exercisable notwithstanding the lapse of time since execution.

Mississippi has NOT adopted the 2006 Uniform Power of Attorney Act. Unlike states following the UPOAA, where a POA is durable by default, Mississippi requires the express durability language described above. Without it, the POA ends at incapacity, leaving the family with no alternative except a court-supervised guardianship or conservatorship.

How to Create a Valid Mississippi Power of Attorney

To create a valid Mississippi financial durable POA, the principal must have mental capacity at the time of signing and the document must be in writing and signed by the principal. The principal may direct another individual to sign in the principal's name if the principal is physically unable to do so, provided the signing occurs in the principal's conscious presence.

Mississippi's Uniform Durable Power of Attorney Act does not impose a statutory witness requirement for a general financial durable POA. The principal's signature is the core execution requirement. Notarization is not required by the financial POA statute for the document to be legally binding between the parties. However, two important practical considerations make notarization strongly advisable.

First, a signature is presumed to be genuine if the principal acknowledges it before a notary public. This presumption makes it much easier for the agent to have the POA accepted by banks, brokerage firms, and other financial institutions. Second, if the agent will need to conduct any transaction involving Mississippi real property, including executing a deed or entering a land contract on the principal's behalf, the POA must be notarized and recorded with the Chancery Clerk of the county where the property is located. Mississippi recording law requires acknowledgment before a notary for instruments affecting title to real property.

The document should also clearly:

• Identify the principal and the agent by full legal name.
• Contain the durability language required by Miss. Code section 87-3-105 if the intent is for the POA to survive incapacity.
• Specify the scope of authority being granted, either by describing it in detail or by incorporating specific powers.
• State the date of execution.

What a Mississippi Agent Can and Cannot Do

An agent under a Mississippi durable POA holds a position of trust and must act in the principal's interest within the boundaries of the authority granted in the document. The scope of financial powers is determined by what the document says. Common grants of authority include the power to:

• Open, close, and manage bank and savings accounts.
• Borrow money and secure loans on the principal's behalf.
• Buy, sell, and manage real and personal property.
• Collect income, rents, and debts owed to the principal.
• Invest and reinvest money or other assets.
• Prepare and file federal and state tax returns.
• Operate or manage a business owned by the principal.
• Hire attorneys, accountants, and other professionals as needed.

There are firm limits. Mississippi law does not authorize an agent to make gifts of the principal's property, amend or revoke the principal's trusts, or change beneficiary designations on life insurance or retirement accounts unless the document expressly grants those powers. An agent can never make or change the principal's will. Using the principal's assets for the agent's own benefit without express authorization constitutes a breach of fiduciary duty and may expose the agent to civil or criminal liability.

A separate health care directive is required if the principal also wants someone to make medical decisions. The financial durable POA does not cover that.

Health Care Decisions and Medical POA in Mississippi

Mississippi's Uniform Health-Care Decisions Act, Miss. Code sections 41-41-201 to 41-41-229, is the exclusive framework for appointing a health care agent and expressing medical wishes in advance. It is a separate legal track from the financial durable POA, and the two documents serve different purposes.

Under the Act, a principal may sign an advance health care directive that does any or all of the following: designates an agent to make healthcare decisions if the principal becomes unable to do so; expresses treatment preferences, including end-of-life instructions; and authorizes or refuses specific types of medical intervention.

Execution requirements under Miss. Code section 41-41-205 differ from those for a financial POA. A valid health care directive in Mississippi must be signed by the principal and either:

• Witnessed by two qualified witnesses, OR
• Acknowledged before a notary public.

One execution method is sufficient; both are not required. If using witnesses, the law imposes disqualification rules. Neither witness may be the principal's designated health care agent. Neither witness may be a health care provider or an employee of a health care provider or facility treating the principal. At least one of the two witnesses must not be related to the principal by blood, marriage, or adoption and must not stand to inherit any portion of the principal's estate.

Once the directive is effective, the health care agent may make any health care decision the principal could have made, unless the document expressly limits that authority. This includes decisions about hospitalization, surgery, medication, and, if the directive expressly so provides, withholding or withdrawing life-sustaining treatment. Decisions must be made consistently with the principal's known wishes or, when those are not known, in the principal's best interest.

Miss. Code section 41-41-207 provides that if the principal files for divorce or legal separation from a spouse who was named as health care agent, the spouse's authority as agent is automatically revoked unless the directive expressly states otherwise.

Revoking or Ending a Mississippi Power of Attorney

A principal who retains mental capacity may revoke a Mississippi power of attorney at any time. Under Miss. Code section 87-3-111, revocation takes effect when communicated to the agent; an agent who acts without actual knowledge that a revocation has occurred is protected by law. Best practice is to provide the agent with a signed written revocation notice and to notify any financial institution, lender, or other third party that holds or relies on the original POA document. A new power of attorney does not automatically revoke an earlier one unless the new document expressly says that it does.

If the original POA was recorded with the Chancery Clerk of the county where real property is located, the revocation should also be recorded there so the public record reflects the change.

An agent who acts without actual knowledge that the POA has been revoked is protected; third parties who dealt in good faith with the agent are also protected under Mississippi law. Any agent who continues to act after receiving actual notice of revocation acts without authority.

A Mississippi POA also ends when:

• The principal dies. No POA, durable or not, survives the principal's death.
• The stated purpose of a limited POA is accomplished.
• The document states an expiration date and that date arrives.
• The agent dies, resigns, or becomes incapacitated and no successor agent is named.
• A court terminates the agent's authority or appoints a guardian or conservator with authority over the matter.

For a healthcare directive, revocation follows similar rules under Miss. Code section 41-41-207: the principal may revoke the directive at any time and in any manner. Treating health care providers must be notified.

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Disclaimer: This page provides general legal information about Mississippi power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Mississippi attorney for advice specific to your situation.

Statutes cited reflect their in-force version as of May 31, 2026.