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MS HB468

Bill

Status

Failed

3/5/2013

Primary Sponsor

Edward Blackmon

Click for details

Origin

House of Representatives

2013 Regular Session

AI Summary

House Bill 468 Summary

  • Creates the Uniform Power of Attorney Act as Mississippi law, establishing comprehensive rules for creating, executing, and enforcing powers of attorney effective July 1, 2013.

  • Defines powers of attorney as durable by default (surviving principal incapacity) unless expressly stated otherwise, and requires signatures by the principal or another person directed by the principal, with notarization creating a presumption of genuineness.

  • Grants agents specific authorities over real property, personal property, financial institutions, business operations, insurance, trusts, litigation, taxes, and gifts, with certain high-impact actions (trusts, gifts, beneficiary changes) requiring explicit authorization.

  • Establishes agent duties including acting in good faith, maintaining records, avoiding conflicts of interest, acting only within granted authority, and potentially preserving the principal's estate plan.

  • Specifies termination events (principal death, revocation, agent incapacity/resignation, divorce from principal) and provides statutory forms for power of attorney documents and agent certifications.

Legislative Description

Uniform Power of Attorney Act; enact.

Last Action

Died In Committee

3/5/2013

Committee Referrals

Judiciary, Division A2/15/2013
Judiciary A1/21/2013

Full Bill Text

No bill text available