A durable power of attorney is a legal document that a person (the principal, grantor, or donor) signs to appoint another person as the grantor’s agent or attorney-in-fact—with authority to make financial and property-related decisions on behalf of the principal—including transactions involving business interests, investments, insurance, taxes, bills, real estate, stocks, bonds, commodities, personal property, Social Security, Medicare, Medicaid, and other financial matters.

A traditional power of attorney is effective only while the principal has full mental capacity, but a durable power of attorney remains effective if the principal becomes physically or mentally disabled or incapacitated (incompetent) from a stroke, Alzheimer’s disease, an automobile accident, or other cause. In some states the legislature has provided a form durable power of attorney in a statute (law) and the document may be referred to as a statutory durable power of attorney.

In Mississippi, a durable power of attorney (DPOA) is a legal instrument that allows a person (the principal) to designate another individual (the agent or attorney-in-fact) to manage their financial and property affairs. This includes handling business matters, investments, insurance, taxes, real estate transactions, and government benefits among other financial activities. Unlike a traditional power of attorney, which loses its validity if the principal loses mental capacity, a DPOA remains in effect even if the principal becomes incapacitated due to various causes such as illness or injury. Mississippi law recognizes the validity of DPOAs and provides statutory guidelines for their creation and use. It is important for the document to be properly executed, often requiring notarization, to ensure it is legally binding. Individuals considering a DPOA should consult with an attorney to ensure that the document meets all legal requirements and accurately reflects their wishes.