How to Revoke a Power of Attorney in Mississippi

A principal can revoke a power of attorney at any time, as long as they have the mental capacity to do so. Mississippi law has no single codified revocation procedure, but the practical process requires three steps — and skipping any of them can leave your former agent with apparent authority to act on your behalf.

Step 1: Sign a Written Revocation

Draft a formal written statement revoking the power of attorney. The document should identify:

• The original POA by its date, the names of principal and agent, and (if applicable) the book and page number where it was recorded
• A clear, unambiguous declaration that the power of attorney is revoked in its entirety
• The date of revocation
• The principal's signature

Have the revocation notarized. While Mississippi law doesn't explicitly require notarization for a revocation to be effective between the principal and agent, notarization creates the evidentiary weight needed if the revocation is ever challenged in court.

Step 2: Deliver Written Notice

The revocation isn't complete until the people who relied on the original POA know about it. Deliver written notice to:

• The former agent — they must stop acting under the revoked authority immediately
• Every financial institution that received a copy of the original POA — banks, brokerages, insurance companies, retirement fund administrators
• Any healthcare providers who have the agent listed as an authorized decision-maker (if the healthcare directive is also being revoked)

Send notice by certified mail with return receipt, or deliver in person and get a dated acknowledgment signature. The goal is to create a paper trail proving the institution received notice — because under Mississippi Code § 87-3-111, any actions taken in good faith by an agent or third party who didn't have "actual knowledge" of the revocation remain legally binding.

Step 3: Record the Revocation (If the Original Was Recorded)

This is the step most people miss. If the original power of attorney was recorded in the county land records — which is required for any POA used in real estate transactions — the written revocation must also be acknowledged, notarized, and recorded in the same county Chancery Clerk's office.

Under Miss. Code Ann. § 87-3-17, recording the revocation protects the chain of title. Without it, a title searcher reviewing the land records would find a valid, recorded POA with no indication it was ever revoked.

Recording fees are approximately $26 for the first five pages in most counties.

What About Divorce?

Since July 1, 2020, Mississippi law automatically revokes a former spouse's authority when a final divorce decree is entered. Under Miss. Code Ann. § 91-29-1, the divorce automatically strips any provision naming the former spouse (or non-blood relatives of the former spouse) as an agent, attorney-in-fact, executor, trustee, or guardian under a previously executed POA, will, or trust.

The statute treats the former spouse as having predeceased the principal. If the POA names a successor agent, that person takes over automatically. If no successor was named, the POA effectively terminates.

Despite this automatic revocation, executing a formal written revocation and notifying institutions directly is still recommended. Financial institutions may not be aware of the divorce, and relying on the automatic statutory revocation alone creates unnecessary confusion at the bank counter.

When Revocation Is Not Possible

A principal can only revoke a POA while they have the mental capacity to do so. If a principal has lost capacity, the POA cannot be revoked by the principal — but it can be challenged in Chancery Court by an interested party who believes the agent is acting improperly or abusing their authority.

The Mississippi Power of Attorney Kit includes a revocation checklist with institution notification templates, so the entire process can be completed in a single afternoon.

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