MS HB709

Allows any natural person with capacity to contract to execute a power of attorney.

Requires power of attorney to contain execution date and be signed by principal or another adult in principal's presence and at principal's direction.

Permits power of attorney to be either acknowledged before a notary public or signed by at least two credible adult witnesses, with rebuttable presumptions regarding witness qualifications and the attorney in fact not acting as witness.

Modifies durability language to allow any of three statement formats indicating intent for authority to survive principal's incapacity, rather than requiring specific wording.

Effective July 1, 2011; amends Mississippi Code sections 87-3-105, 87-3-107, 87-3-109, and 87-3-111 regarding durable powers of attorney and preservation of authority after principal's death or incapacity.