§ 87-3-107. Durable power of attorney not affected by lapse of time, disability or incapacity
All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the […]
§ 87-3-109. Relation of attorney in fact to court-appointed fiduciary
If, following execution of a durable power of attorney, a court of the principal’s domicile appoints a conservator, guardian of the estate, or other fiduciary charged with the management of all of the principal’s property or all of his property except specified exclusions, the attorney in fact is accountable to the fiduciary as well as […]
§ 87-3-111. Power of attorney not revoked until notice
The death of a principal who has executed a written power of attorney, durable or otherwise, does not revoke or terminate the agency as to the attorney in fact or other person, who, without actual knowledge of the death of the principal, acts in good faith under the power. Any action so taken, unless otherwise […]
§ 87-3-113. Proof of continuance of durable and other powers of attorney by affidavit
As to acts undertaken in good faith reliance thereon, an affidavit executed by the attorney in fact under a power of attorney, durable or otherwise, stating that he did not have at the time of exercise of the power actual knowledge of the termination of the power by revocation or of the principal’s death, disability, […]
§ 87-3-7. Special form not required; gifts given under a power of attorney
A letter of attorney to transact any business need only express plainly the authority conferred. If any power of attorney or other writing (a) authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do, or (b) evidences the principal’s intent to give the attorney-in-fact or […]
§ 87-3-9. Form of letter of attorney to convey land
“Know all, that I, George Poindexter, of county, Mississippi, do hereby appoint Albert Brown, of county, my attorney in fact, with full power to sell and convey in fee simple, with general warranty [or without warranty, as the case may be] of title, that land situated in [describe it]. “Witness my signature, the of , […]
§ 87-3-11. Form to represent party in administration of estate
“Know all, that I, C. C. Claiborne, of county, Mississippi, do hereby constitute Gerard C. Brandon, of county, in said state, my attorney in fact to represent me in the chancery court of said county of , in all matters pertaining to the administration in said court of the estate of Phoebe Jones, in which […]
§ 87-3-15. Death not an absolute revocation
The death of the principal shall not operate a revocation of an agency created by him, other than by writing, as to one who, without notice of such death, in good faith and under circumstances repelling the imputation to him of fraud or negligence, deals with such agent.
§ 87-3-17. Revocation of letters of attorney recordable
Any writing revoking letters of attorney may, when acknowledged or proved as conveyances of land are required to be acknowledged or proved, be recorded in like manner, and with like effect from the time of being filed for record, in the office in which the letters revoked were recorded.
§ 87-3-101. Short title
Sections 87-3-101 through 87-3-113 may be cited as the “Uniform Durable Power of Attorney Act.”