All acts done by an attorney in fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and bind the principal and his successors in interest as if the principal were competent and not disabled. Unless the instrument states a time of termination, the power is exercisable notwithstanding the lapse of time since the execution of the instrument.
Miss. Code Ann. § 87-3-107
Durable power of attorney not affected by lapse of time, disability or incapacity
Applied in 3 court decisions — leading case Dunbar v. Renfroe (2004)
Most recently applied in In Re Guardianship of Savell (July 2004)
Laws, 1994, ch. 336, § 2, eff from and after July 1, 1994.
Current official text: Mississippi Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Mississippi statutes; confirm against the official source for the current text. Not legal advice.