Where Powers of Attorney are Weak

What are you left with when your Power of Attorney has no power? Well whatever you’re left with, that’s exactly what you have if you try to give your weaklingspouse Power of Attorney for a real estate transaction on a homestead in the state of Mississippi.

Mississippi is a spousal state in which the spouse (even a non-borrowing, non-titled spouse) has interest in the homestead property. And according to state law, spouses may not grant one another Power of Attorney when the homestead property is the subject of a transaction. So if Mr. and Mrs. Smith are refinancing their primary residence, but Mr. Smith is going to be out of town on the day of the closing, he cannot grant Mrs. Smith Power of Attorney to sign on his behalf. He must give Power of Attorney to someone else.

So remember, on a homestead property in Mississippi, a Power of Attorney granted to your spouse is much weaker than it lets on.


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