Mississippi laws specifically state that a durable power of attorney is a power of attorney by which a principal designates another as his attorney in fact in writing. The writing must contain the words “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or it may state that “This power of attorney shall become effective upon the disability or incapacity of the principal,” or such similar words that convey the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s subsequent disability or incapacity. The agent shall exercise such authority unless the power of attorney states a time of termination, despite the lapse of time since the execution of the instrument.
The acts of agents, when performed in good faith, without the actual knowledge of the termination of the power by revocation or of the principal’s death, disability, or incapacity, shall be rectified by an affidavit executed by the agent to that effect and it shall be a conclusive proof of the nonrevocation or nontermination of the power at that time.
If exercise of the power of attorney requires execution and delivery of any instrument that is recordable, then the affidavit of the agent when authenticated for record is also recordable.