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Glossary

durable power of attorney

A well-drafted one can protect bank access, bill payments, insurance paperwork, and even the handling of a legal claim if someone is badly hurt or becomes mentally unable to act. A durable power of attorney is a written document that gives another person, called an agent, authority to act for the person who signed it, called the principal, and that authority continues even after the principal becomes incapacitated. "Durable" is the key word: unlike an ordinary power of attorney, it survives incapacity unless the document says otherwise.

In practical terms, this can keep a household running after a serious crash, stroke, or storm-related injury. The agent may be allowed to manage accounts, deal with property, sign contracts, gather records, or communicate with insurers, depending on the powers granted. It does not replace a will, and it usually ends at the principal's death.

For an injury claim, a durable power of attorney can affect who is able to collect records, speak with the insurer, or help hire counsel while the injured person is unconscious or otherwise unable to make decisions. In Mississippi, the Mississippi Uniform Power of Attorney Act (2019) governs many of these rules, including recognition of durable powers and agent duties. It does not let an agent file every lawsuit automatically, so the exact language of the document matters.

by Earl Pittman on 2026-03-26

We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.

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