Updated September 3, 2026. Quick answer: No witness or notarization requirement for validity. Miss. Code Ann. § 87-3-105: a durable POA is created when “a principal designates another his attorney in fact IN WRITING” and the writing contains the required durability language. § 87-3-1 separately allows a letter of attorney to be acknowledged/recorded like a land conveyance: permissive, not a mandatory execution formality. NOT the default: must be affirmatively stated. Miss. Code Ann. § 87-3-105: “A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ‘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…”.
| Execution | No witness or notarization requirement for validity. Miss. Code Ann. § 87-3-105: a durable POA is created when “a principal designates another his attorney in fact IN WRITING” and the writing contains the required durability language. § 87-3-1 separately allows a letter of attorney to be acknowledged/recorded like a land conveyance: permissive, not a mandatory execution formality. |
| Statutory form | No statutory form for a general/durable financial POA. Chapter 87-3 contains only two archaic 19th-century model forms for narrow purposes (§§ 87-3-9, 87-3-11), not applicable to a modern durable financial POA. |
| Durability | NOT the default: must be affirmatively stated. Miss. Code Ann. § 87-3-105: “A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ‘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…” |
| Who may not witness | No witness requirement exists in the statute; the only “Witness my signature” text is boilerplate inside the two archaic model forms, not a witnessing requirement. |
| Agent must accept in writing | No |
| Authority | Miss. Code Ann. Title 87, Chapter 3, “Power and Letters of Attorney”; the durable-POA sub-article is the “Uniform Durable Power of Attorney Act,” §§ 87-3-101 to 87-3-113. |
What decides whether the document is valid
No witness or notarization requirement for validity. Miss. Code Ann. § 87-3-105: a durable POA is created when “a principal designates another his attorney in fact IN WRITING” and the writing contains the required durability language. § 87-3-1 separately allows a letter of attorney to be acknowledged/recorded like a land conveyance: permissive, not a mandatory execution formality. Get this wrong and the document is not merely weak: it may be void, and you will find out at the moment somebody needs to use it.
The statutory form
No statutory form for a general/durable financial POA. Chapter 87-3 contains only two archaic 19th-century model forms for narrow purposes (§§ 87-3-9, 87-3-11), not applicable to a modern durable financial POA.
If the free form does not fit your situation
This state puts a form in its statute but does not publish a free filled-in copy, so you are transcribing statutory text either way. LawDepot builds a state-specific power of attorney executed under this state’s witnessing and notary rules. For a complex estate or a likely family dispute, a lawyer is the better route.
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Durability: the point most people get wrong
NOT the default: must be affirmatively stated. Miss. Code Ann. § 87-3-105: “A durable power of attorney is a power of attorney by which a principal designates another his attorney in fact in writing and the writing contains the words ‘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…” This is one of the most consequential drafting points in this state.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Mississippi addresses this: No statute addressing bank refusal found. Titles 87, 81, 91, and 75 were searched for a UPOAA-style acceptance/refusal provision and none was found. Mississippi has not adopted the UPOAA, so it lacks that Act’s refusal-sanctions provision.
What the form does not solve
- Social Security will not accept it. No power of attorney works there: a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing: how to choose when there is no obvious person.
All 51 jurisdictions compared.
Also for Mississippi: Mississippi Small Estate Affidavit · How Much Does a Will Cost in Mississippi?.
General information drawn from state statute, not legal advice. Powers of attorney are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.