Under the Uniform Power of Attorney Act, an individual in Mississippi may create a durable financial power of attorney to run your monetary related affairs. An alternative or secondary agent should also be selected if the first choice turns out to be unavailable when needed.
When selecting the representative, he or she should be a mature steady individual, loyal to you and able to understand all your business dealings and relationships. He or she should be available locally and being able to deal on a face-to-face basis with the banks, government agencies, creditors, debtors and everyone else in your business circle would be a great advantage.
A “Durable” financial power of attorney is essential if you want your attorney-in-fact to take over immediately and has the function of being able to be used if you should become not mentally competent to think for yourself. A “Springing” Durable Power of Attorney only goes into effect when and if your physician declares that you have, in fact, become incapacitated.
Most people chose a close friend, a relative or their spouse for this office; if you do opt for your spouse, note that in this state, the financial Power of Attorney does not end automatically upon divorce. It is required that the durable form be signed with two (2) witnesses presiding but it is recommended to have a notary public acknowledgement.