Q: How can I appoint someone other than my spouse to have legal authority in Mississippi?
I'm currently married, but I want to appoint another person to have legal authority over my personal care and any other matters I choose, both now and in the future. I do not want my spouse to have any legal say in my personal affairs. The appointed person agrees to take on these responsibilities, and there are specific matters I want them to handle.
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A: You can appoint most anyone to be your attorney in fact under a power of attorney. Consult with a MS attorney about this however, as your agent could do alot things that you would not like. Then have the lawyer draft three or four originals of the instrument. Your agent should be warned that litigation may occur.
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A: In Mississippi, you can appoint someone other than your spouse to handle your financial and healthcare decisions by executing a Durable Power of Attorney (DPOA) for finances and an Advance Health-Care Directive for medical decisions. These legally binding documents override a spouse’s default authority, ensuring your chosen agent has full control. To be valid, they must be properly signed, preferably notarized, and distributed to relevant parties like banks and healthcare providers. If you previously named your spouse in any document, revoke those in writing. Additionally, nominating a guardian in these documents further prevents a spouse from regaining control through the courts. Taking these steps ensures your wishes are honored, and your spouse has no legal say in your personal affairs.
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