MS HB853

Changes requirement that a child welfare agency "must" facilitate a power of attorney to "may" facilitate, making facilitation optional rather than mandatory.

Allows parents or legal custodians to delegate care and custody powers to another person through a power of attorney, except for consent to marriage, adoption, abortion, or termination of parental rights.

Requires criminal history and child abuse and neglect background checks on any designated attorney-in-fact who is not a grandparent, aunt, uncle, or sibling, and on any person over 15 residing in the attorney-in-fact's home.

Prohibits use of power of attorney solely for school enrollment in academic or athletic programs, except as permitted under the federal Every Student Succeeds Act.

Allows serving military parents to delegate powers for longer than one year if on active-duty service, with the term not exceeding the active-duty period plus 30 days.