Mississippi Lawyer and Attorney for Power of Attorney
A power of attorney is a written instrument granting someone the authority to act as agent for the grantor. A person so appointed is known as an attorney-in-fact for the grantor. A power of attorney can be granted in several forms:
- General power of attorney – this is a power of attorney that authorizes an agent to transact business for the grantor/principal and generally act in all respects for and on behalf of the grantor. Such a power of attorney terminates if the grantor lapses into a state of incompetency.
- Limited power of attorney (special power of attorney) – this is a power of attorney that authorizes an agent to perform only designated acts. For example, one might bestow attorney-in-fact status to an agent only for the purpose for signing checks, or signing a contract. The attorney-in-fact has no authority to act for the grantor beyond the specific approved acts. Such a power of attorney terminates if the grantor lapses into a state of incompetency.
- Durable power of attorney – this is a power of attorney that is granted during the grantor’s competency and which remains in effect during the grantor’s incompetency. For a power of attorney to be a durable power of attorney, specific language must be placed in the document.
- Power of attorney for healthcare decisions – This is a power of attorney which authorizes the agent to make healthcare decisions for the grantor when the grantor is unable to do so. This can include end of life healthcare decisions if the grantor specifically provides for that in the document. This is a specific document that is carefully drawn. A power of attorney for healthcare decisions can be placed in the same document as a durable power of attorney but does not have to be so placed.
- Irrevocable power of attorney – This is a power of attorney that the grantor cannot revoke. For a power of attorney to be irrevocable, specific language must be placed in the document clearly stating the grantor’s intent.
A power of attorney is filed with the chancery clerk of the county of residence of the grantor. Unless the power of attorney is irrevocable, it can be revoked by filing irrevocation with the chancery clerk of the county where the power of attorney is on file. Unlike a guardianship or conservatorship, there are no legal requirements for filing annual accounting with the court or filing any kind of accountability documents. However, care must be exorcised in the management of affairs of another person. Any self-dealing or undue influence could be met with a lawsuit against the attorney-in-fact. At the Law Office of Attorney John R. Reeves, P.C., we have prepared powers of attorney of all kinds for years for many clients. Let our experience work for you and let us guide you through the kind of power of attorney needed, the language that should be included in it, and the correct management of the affairs over which you are given control. It is much safer to have sound and experienced legal advice from the outset than to have to address a lawsuit.
Please contact us to arrange for a confidential consultation with informed Mississippi Lawyer and Attorney for Power of Attorney.