Bless Their Arts

The Mississippi Delta is one of the nation’s hotbeds for the arts, and Greenwood is at the heart of that scene. At the Museum of the Delta, art, history and natural history converge. Work from Deep South artists hangs near Native American artifacts and more. But the great thing about Greenwood is that it’s truly at the heart of the Delta, so you can stay here and stray out in every direction to enjoy the whole Delta arts scene. Just follow your heart and “Find Your Beat” from Greenwood, the Heart of the Delta.

Ellicott Pool Summer Fun

The

Choctaw Hall Hosts Reception

Honoring State and International Officials

David P. Garner and Lee Glover, owners of historic Choctaw Hall, hosted a reception, May 13, honoring Xavier Salmon, director of the Department of Prints and Drawings at the Louvre Museum and Jack Kyle, Chairman and Executive Director of the Mississippi Commission for International Cultural Exchange, Inc. Guests included P. Allen Smith and James Sumpter along with John and Kari Elian all from Arkansas. Local guest enjoyed cocktails, hors d'oeuvres and musical performances by Franco Gurman and Kari Elian.

Xavier Salmon, P. Allen Smith and James Sumpter

Marla and Mayor Dan Gibson, David P. Garner and P. Allen Smith

Lee Glover, Zaiver Salmon, P. Allen Smith, David P. Garner, Jack Kyle and Kari Eli

Rhonda Gentry Binns and George Ivory

Michael Boykin, Coleen Wilkins and Yvonne Murray

Sharon Blatner, John Bergeron, Seth and Mike Blatner

Lee Glover, Xavier Salmon, Kari Eli, Ginger Hyland, Jack Klye and David P. Garner

Victoria Bankerand and Michael Boykin

Debbie Wilson and Ritchie

Montgomery, Esther Carpenter and Mark Lowrey with David P. Garner

Devin and Janice Heath, Valerie Bergeron and Terrel Williams

Franco Gurman and Kari Eli

(The Arkansas Gang) James Sumpter, P. Allen Smith, Kari Eli, David P. Garner and Lee Glover

Ritchie Montgomery, Debbie Wilson and Mayor Dan Gibson

Natchez Garden Club Homeowners

Michael Boykin, Lee Glover, Ginger Hyland, Sharon, Seth and Mike Blatner, Colleen Wilkins and David P. Garner

Terrel Williams, Beau Des Hotel, Jeff Mansell, Al Walker and Devin Heath

Ronnie Boutwell, Jack Kyle and Kathy Boutwell

When Should I Give Powers of Attorney?

ARTICLE | Lucien C. Gwin III

A power of Attorney (POA) is a muchused document that most people one day will need either to give someone else to act on their behalf or will receive to act for that person. When you give a POA, you are called “the principal” and the person you give it to is an attorney-in-fact.

What is a POA and what is the purpose? A POA allows a third party to act on your behalf on financial matters, contacts, real estate matters, or any other conceivable transactions. If you give someone a general POA, then that third party on your behalf can sign deeds, deeds of trust, or mortgages; can transact all of your banking business and buy, sell, or trade your stocks and bonds; and can operate your business, negotiate any contract for you, act in your stead regarding government benefits, file your taxes, and handle any personal matter that you may not be in a position to handle.

If you give a limited POA, then you give some third party the right to handle only the matters that you authorize, for example, selling your house.

Who can act as your POA? Anyone who is an adult and in whom you have a great deal of trust and confidence can act as your POA. Once you give a third party such power, then that person has a fiduciary duty toward you, meaning that under the law the third party owes you the utmost good faith in handling your business or transactions and is required to act for your benefit and welfare.

A person with your POA should never do anything with your assets that benefits themselves unless you authorize such. I have seen attorneys-in-fact abuse their POA status by loaning themselves money from the principals’ funds without authorization and place real estate property belonging to the principals into the attorneys-in-fact’s names, as well as deplete hundreds of thousands of dollars of principals’ estates for personal use.

When should you give someone else your POA? Many times, I have advised clients who are getting older that having one or more of their adult children act as a POA is usually a good idea, as such a person with advanced age begins to slip mentally. I have seen this multiple times. Spouses often give each other general POA, especially if one spouse is out of town a lot. I have prepared dozens of limited POA’s between spouses for the purpose of selling a house or property when one spouse cannot be available for a closing.

A POA should be notarized because most financial institutions will not accept a POA without a notary. Your POA becomes effective immediately upon your signature to the document. By the way, the document should be drawn up by your attorney. A general or limited POA can cost anywhere from $200.00 to $400.00, depending on how tailored you want it.

Once you sign the POA, it is usually a good idea to file it in the Chancery Clerk’s office so that you can get certified copies that are usually accepted by all business institutions including banks.

If you wish to withdraw your POA, you simply do so by signing a document called a Revocation of Power of Attorney. This document is also recorded with the Chancery Clerk’s office. This will immediately terminate the POA.

One thing that a lot of people do not realize is that a POA automatically terminates upon your death, UNLESS the attorney-in-fact acted in good faith in using the POA without knowledge of the principal’s death.

Another thing to know is that you should always have the POA state that it is a “durable” POA, so that, should the principal become completely mentally incapacitated, the POA survives this medical condition and the attorney-in-fact can continue to act as an attorney-in-fact.

I have seen multiple times where people have not executed POA’s and then they become mentally incapacitated and, therefore, unable to sign a POA. At this point, the only recourse is to open a guardianship and conservatorship, which usually involve far more expense than a POA and require a court hearing.

Another thing to remember is that your having given someone your POA DOES NOT preclude you from engaging in your day-to-day regular business and financial affairs. The POA gives your attorney-in-fact the ability to act on your behalf in your absence or as a result of your mental incapacity.

Finally, if you give another person your POA, it is important that this third party be very honest and trustworthy. You should explain to them why you are giving them the POA and what you are expecting them to do and not to do with it. You are in essence placing them in charge of your life and possessions.

Lucien C. “Sam” Gwin III was admitted to the Mississippi Bar in 1981 and has been practicing many aspects of the law at the firm of Gwin, Punches & Kelley in Natchez, Mississippi, ever since.