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MS HB1190

Bill

Status

Failed

2/3/2015

Primary Sponsor

Kevin Horan

Click for details

Origin

House of Representatives

2015 Regular Session

AI Summary

  • Creates the Uniform Power of Attorney Act replacing Mississippi's prior Uniform Durable Power of Attorney Act, effective July 1, 2015.

  • Establishes comprehensive framework for powers of attorney including execution requirements, agent duties and responsibilities, authority limitations, termination procedures, and third-party reliance provisions.

  • Makes powers of attorney durable by default (surviving principal's incapacity) unless expressly terminated by the principal's incapacity.

  • Grants agents general authority over specified subjects (real property, financial institutions, retirement plans, taxes, etc.) only if expressly granted in the power of attorney, with specific restrictions on gifts, trust creation, and certain fiduciary powers.

  • Protects third parties accepting acknowledged powers of attorney from liability when acting without actual knowledge of revocation or invalidity, and establishes strict timelines (7 business days) for institutions to accept or request clarification of acknowledged powers of attorney.

Legislative Description

Uniform Power of Attorney Act; create.

Last Action

Died In Committee

2/3/2015

Committee Referrals

Judiciary A1/19/2015

Full Bill Text

No bill text available