Power of attorney guide
Power of Attorney in Mississippi
Mississippi law presumes a notarized signature is genuine rather than requiring a notary outright, but every bank and recorder treats notarization as required. Mississippi publishes a statutory form (Miss. Code §87-3-105 (durable power of attorney)). An online notarization performed under another state's law is recognized in Mississippi.
Mississippi power of attorney at a glance
Notary
Recommended (required to record)
Witnesses
None required
Online notarization
Accepted
Statutory form
Miss. Code §87-3-105 (durable power of attorney)
Financial (property) power of attorney under Miss. Code §87-3-1 et seq. (durable powers: §87-3-105 et seq.). Health-care documents follow their own rule: see below. Checked 2026-10-17.
The Mississippi statutory form
No statutory financial form : Miss. Code §87-3-105 (durable power of attorney).
The statutory form is the one banks and recorders in Mississippi see most often, and the one the statute requires third parties to accept when it is properly signed. A lawyer-drafted power of attorney is equally valid if it is executed the same way.
How to sign a power of attorney in Mississippi
The durable power of attorney statute requires only a signed writing with durability language, but a power of attorney must be acknowledged before a notary to be recorded (§89-3-1) and institutions require it.
No witnesses are required.
Online notarization in Mississippi
Mississippi's RULONA (effective July 1, 2021) gives a notarial act performed in another state the same effect as a Mississippi act (Miss. Code §25-34-23).
Rush Notary’s notaries are commissioned online notaries public in Florida and notarize for Mississippi signers over live video under Florida’s remote online notarization law. The certificate they complete is a Florida certificate; Mississippi honors it under the recognition rule above. Details for this state are on the Mississippi online notarization requirements page.
Using it for real estate
A power of attorney for a conveyance must be acknowledged and recorded with the chancery clerk in the county where the land lies.
Title companies also ask the agent to sign an affidavit at closing that the principal is alive and the power has not been revoked, and lenders review the document before closing. See the real estate power of attorney page.
Medical power of attorney in Mississippi
A Mississippi advance health-care directive (Miss. Code §41-41-205) must be notarized or signed before two adult witnesses, one of whom is not a relative, heir or health-care provider; the agent may not witness.
What a health-care agent can decide, and how the document differs from a living will, is on the medical power of attorney page.
Revoking a Mississippi power of attorney
Written revocation delivered to the agent; record it with the chancery clerk if the power was recorded.
Mississippi power of attorney forms we index
Government forms in Mississippi that are powers of attorney: limited powers for permits, zoning and tax matters, and state-agency forms, each with the issuing office, the notary requirement and the PDF.
State agency forms
Form 78-003-21 Power of Attorney to Transfer Motor Vehicle · Mississippi Department of Revenue - Motor Vehicle Forms
Use this form to appoint an attorney to transfer a motor vehicle’s legal title and provide the vehicle details and odometer reading.
Form 78-011 Power of Attorney for Insurance Company to Transfer Total Loss Vehicle · Mississippi Department of Revenue - Motor Vehicle Forms
Form 78-011 appoints an attorney-in-fact to handle ownership transfer, title, or registration for a described total loss vehicle on the owner’s behalf.
City and county forms
Mississippi power of attorney questions
- Does a power of attorney need to be notarized in Mississippi?
- The durable power of attorney statute requires only a signed writing with durability language, but a power of attorney must be acknowledged before a notary to be recorded (§89-3-1) and institutions require it.
- Does a Mississippi power of attorney need witnesses?
- No witnesses are required.
- Can a Mississippi power of attorney be notarized online?
- Mississippi's RULONA (effective July 1, 2021) gives a notarial act performed in another state the same effect as a Mississippi act (Miss. Code §25-34-23).
- Is there an official Mississippi power of attorney form?
- Yes, the No statutory financial form (Miss. Code §87-3-105 (durable power of attorney)).
- Does a power of attorney have to be recorded in Mississippi?
- Only when it is used to sign a deed, mortgage or other recorded instrument. A power of attorney for a conveyance must be acknowledged and recorded with the chancery clerk in the county where the land lies.
- How is a medical power of attorney signed in Mississippi?
- A Mississippi advance health-care directive (Miss. Code §41-41-205) must be notarized or signed before two adult witnesses, one of whom is not a relative, heir or health-care provider; the agent may not witness.
Types of power of attorney
Durable power of attorney
Stays in force if you later lose capacity. The standard choice for long-term planning.
Medical power of attorney
Names someone to make health care decisions when you cannot. Witness rules vary by state.
Limited power of attorney
Authority for one task or one period: a closing, a permit, a vehicle sale, a trip abroad.
Financial power of attorney
Banking, bills, investments, taxes and property. Usually durable; usually on the state's statutory form.
Springing power of attorney
Takes effect only when a stated event happens: usually a doctor's finding of incapacity.
Vehicle power of attorney
Lets someone title, register or sell a car for you. Most DMVs publish their own notarized form.
Real estate power of attorney
To buy, sell, mortgage or manage property. Must be notarized and is recorded with the deed.
Power of attorney for a minor child
Lets a grandparent, relative or friend care for your child and deal with schools and doctors while you are away.
Power of attorney for vital records
Lets an agent request a birth, death or marriage certificate for you where the state allows it.
Other states
- Texas
- California
- Florida
- New York
- Alabama
- Alaska
- Arizona
- Arkansas
- Colorado
- Connecticut
- Delaware
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Utah
- Vermont
- Virginia
- Washington
- Washington, D.C.
- West Virginia
- Wisconsin
- Wyoming
General information about how powers of attorney are signed, not legal advice. Execution rules are set by each state’s statute and change; the sources on each state page link to the current text. Whether a particular bank, recorder, agency or title company accepts a document is its own decision. Confirm with the receiving party before signing. Rush Notary’s notaries are commissioned online notaries public in Florida who notarize for signers in every state under Florida’s remote online notarization law; see the online notarization requirements for your state.