Minnesota Statutory Durable Power of Attorney Form

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The Minnesota statutory durable power of attorney is a document that gives an agent, or “attorney-in-fact,” the authority to make financial decisions on behalf of the principal. The principal will have to decide whether they would like the agent’s powers to remain in effect or if the document will be revoked in the event of their incapacitation.

Minnesota Statutory Durable Power of Attorney Form

The Minnesota statutory durable power of attorney is a document that gives an agent, or “attorney-in-fact,” the authority to make financial decisions on behalf of the principal. The principal will have to decide whether they would like the agent’s powers to remain in effect or if the document will be revoked in the event of their incapacitation.

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Last updated April 15th, 2024

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The Minnesota statutory durable power of attorney is a document that gives an agent, or “attorney-in-fact,” the authority to make financial decisions on behalf of the principal. The principal will have to decide whether they would like the agent’s powers to remain in effect or if the document will be revoked in the event of their incapacitation.

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Signing Requirements

According to Minnesota law, a durable power of attorney is technically valid with only the principal’s own signature.[1] However, the following information should be considered:

  • While not required by law, signing in the presence of a notary public is usually recommended because many third parties require the acknowledgment.
  • If a person signs on behalf of the principal or the principal signs by mark, notarization is required.
  • The short form power of attorney requires the agent to sign the document as well, but their signature doesn’t need to be notarized.[2]

Power of Attorney (Preview)

Minnesota Statutory Durable Financial Power Of Attorney

Legal Definition

A power of attorney is durable if it contains language such as “This power of attorney shall not be affected by incapacity or incompetence of the principal” or “This power of attorney shall become effective upon the incapacity or incompetence of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s later incapacity or incompetence.[3]

Sources

  1. § 523.01
  2. § 523.23
  3. § 523.07