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Miss. Code Ann. § 87-3-7

Special form not required; gifts given under a power of attorney

Applied in 9 court decisions — leading case 476 So. 2d 599 - Kountouris v. Varvaris (1985)

Most recently applied in Shelby J. Kilpatrick v. Houston T. Jarvis, Jr. (June 2017)

Codes, 1880, § 1186; 1892, § 201; 1906, § 207; Hemingway’s 1917, § 2901; 1930, § 2956; 1942, § 252; Laws, 1999, ch. 405, § 1; Laws, 2017, ch. 419, § 19, eff from and after July …

How often courts cite this section

1985199020002010201720
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) A letter of attorney to transact any business need only express plainly the authority conferred.

(2) If any power of attorney or other writing (a) authorizes an attorney-in-fact or other agent to do, execute or perform any act that the principal might or could do, or (b) evidences the principal’s intent to give the attorney-in-fact or agent full power to handle the principal’s affairs or deal with the principal’s property, the attorney-in-fact or agent shall have the power and authority to make gifts in any amount of any of the principal’s property to any individuals or to any organizations described in Sections 170(c) and 2522(a) of the Internal Revenue Code or corresponding future provisions of federal tax law, or both, in accordance with the principal’s personal history of making or joining in the making of lifetime gifts, including the authority to exercise all rights and powers granted to a fiduciary under the Revised Uniform Fiduciary Access to Digital Assets Act created under Chapter 23, Title 91.

(3) Subsection (2) as set forth above is declaratory of past and present law in the State of Mississippi, and shall be applied to all powers of attorney, whether executed before, on or after March 16, 1999.

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.