MS Senate Bill 2493 | NNA
Law

MS Senate Bill 2493

Notary Law Update: MS Senate Bill 2493

State: Mississippi

Summary:

Senate Bill 2493 allows a parent or legal guardian of a child to delegate to another person parental care and custody of the child by signing and having notarized a properly-executed power of attorney.

Signed:  May 13, 2016

Effective:  July 01, 2016

Chapter: TBD

Affects:

Creates Sections 93-31-1, 93-31-3, 93-31-5 and 93-31-7 in the Mississippi Code.

Changes:
  1. Allows a parent or legal guardian of a child to delegate to another person parental care and custody (except as limited under the new law) of the child by signing and having notarized a properly-executed power of attorney.
  2. Requires the power of attorney to be facilitated by either a child welfare agency that is licensed to place children for adoption and that is operating under the Safe Families for Children model or another charitable organization that is operating under the Safe Families for Children model.
  3. Provides a statutory power of attorney form that contains a notarial certificate for an acknowledgment, and states that this statutory form is legally sufficient.
Analysis:

Mississippi is the latest state to enact a version of the Supporting and Strengthening Families Act. The new law allows a parent or guardian of a child to delegate parental care and custody of a child to an individual of the parent or guardian’s own choosing – such as a relative or close friend who knows the child – by signing and having notarized a power of attorney naming the new child caregiver. The Act is widely seen as an alternative to foster care. The bill author stated, “Our first priority is the safety and welfare of children. But the Mississippi foster care system is overcrowded and has failed many children and families. This provides a mechanism to keep children safe, reduce government interference in family lives, and reduce the number of cases flooding the foster care system so it can better address the needs of children in the most severe circumstances.” 

Read the bill text.

 

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