A Minnesota Power of Attorney is a legal document that gives a person the ability to make decisions on behalf of another.
These decisions can be financial, medical, family-based, or legal. Many powers of attorney forms are available, but only while the principal is alive.
There are many reasons why the principal may choose to draw up a Minnesota power of attorney. Whether the principal wants to take precautionary steps or leave the State, a POA can be a helpful document.
The principal can choose to make a power-of-attorney for a brief, temporary situation. An agent is someone who can represent the principal with financial matters. They can also be appointed for long-term actions. For example, they can designate an agent to assist them in making medical decisions if they feel they have a medical problem.
This article will provide information on all power of attorneys available and the applicable laws and proceedings in Minnesota.
Types of Power of Attorney
A Minnesota power of attorney can be used for nearly any purpose. You can choose from many different types depending on the decision the appointed agent is allowed to make. This specificity is for the protection and benefit of all parties. However, the agent cannot take responsibility for all important life decisions. Instead, the specific power of attorney only allows the agent to address those specifically.
This article will focus on 10 of the most frequently used Minnesota power of attorneys. But, first, here are the power of attorney forms and supporting laws.
Advance Directive
Advance directives can be used to protect the principal in a medical emergency. This legal document will detail how they would prefer to be medically treated if they become incapacitated or are unable to make decisions for themselves. The authority given to an agent is outlined in Chapter 145C (Health Care Directives).
This document will describe many medical treatment options and give an agent authority to sign off on certain decisions. For example a person who has a chronic illness may not want to receive resuscitation or CPR.
A medical agent can not only make relevant decisions but can also obtain medical records. The agent can also authorize or deny pain-management measures. These advance directives may fit the principal’s preferences and personal circumstances.
It is necessary to include the name and contact information of the agent. This form is legal and must be notarized at the time of signing. Alternatively, two witnesses may sign the document. However, they cannot be a doctor or healthcare employee. The signing requirements are described in § 145C.03.
Download: Microsoft Word (.docx)
Durable Statutory Power of Attorney
Minnesota durable power of attorney law allows the agent to make financial decisions even when the principal cannot. However, this type of power of attorney is made before any circumstances occur, making it impossible for the principal to decide the terms and conditions. The description and limitations of this law can be found in Chapter 523 (Powers of Attorney).
Durable is a term that refers in Minnesota to the fact that a power of attorney cannot be terminated by the principal becoming mentally incapacitated. This document comes in handy and allows an agent to take control of financial decisions to avoid conservatorship proceedings immediately.
The definition of durable, according to 523.07, is precise, and all power of attorneys must include the required language for them to be valid.
For this type of power of attorney, a notary must be present. The signing requirements state the agent must be notified but does not need to be present during the signing (see: § 523.01).
Download: Microsoft Word (.docx)
General (Financial) power of attorney
A general power of attorney authorizes an agent in Minnesota to make financial decisions for the principal. This allows the agent to make financial decisions on behalf of the principal holder. For example, these can be used to have a trusted loved one take care of finances for them or allow a spouse to act in their name. The agent’s power is different from the durable power in that it automatically ceases to be valid if the principal becomes incapacitated. The statutes govern these forms in Chapter 523. Powers of Attorney.
This means that the agent can access the principal’s financial and banking accounts, but usually only for a brief period. These types of power of attorney usually specify a beginning and an ending date.
Like many power of attorney documents, the general power of attorney form requires a notary public to sign it, as noted in (MSA § 523.01 & MSA § 523.23).
Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited power of attorney allows an agent to make decisions on behalf of the principal in Minnesota. This power of attorney is not as extensive as the other types since the agent can only carry out a specific task. For example, a limited power of attorney allows an agent to finalize the sale of real estate. The details of the law regarding the limited power of attorneys can be found in Chapter 523. Powers of Attorney.
Even though this document is smaller in scope, it is highly recommended that you use precise language to prevent misinterpretation. For example, this document should include all details about the sale and property in question during a real estate proceeding to avoid misinterpretation.
As with most legal documents, the specific power of attorney must have a notary present at the signing, as mentioned in MSA § 523.01.
Download: Microsoft Word (.docx)
Minor (Child) Powers of Attorney
A Minnesota minor power is also called a parental POA. These documents grant an agent the right to make childcare decisions for the principal’s children. This specific power of attorney is typically granted to a parent, but it can sometimes be given to a close friend. Chapter 257B describes the laws governing minor power of attorney.
This form typically has a specific time described so that the agent may serve as a temporary guardian. In some cases, it may also be used to designate an agent in case of the parent’s death.
This document is one of the simplest forms to create. It should list the chosen guardian and the children being taken care of. Like the other POAs, it should be notarized when signed.
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
The revocation power of attorney is a legal document that allows the principal to end all previous POAs. They can end any power of attorney as long they are in the total mental capacity to take over their finances and medical decisions.
The critical requirement for a revocation document is that all parties must be informed of the end of the original power. This includes the agent concerned and any financial or health institutions affected by the document. Notarizing this document can be helpful to prevent any potential issues.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
A Minnesota real estate power is a valuable document that gives an agent the ability to perform any real estate property proceedings. This can include the sale or purchase of a piece of real estate. The agent must be qualified to handle such transactions. Chapter 523. Powers of Attorney contains all the specific information about this type of power of attorney.
To validate this power of attorney, you must provide special instructions detailing the agent’s powers. In other words, the specific address relevant to the sale or purchase should be included.
A power of attorney must be notarized before the witnesses sign it. The signing requirements are noted at MSA § 523.01; MSA § 507.24. It is worth noting that this power can be revoked at will. The principal can express their wishes to the agent in writing. Likewise, the POA can also be automatically revoked if a new power of attorney is drafted to replace the existing one.
Download: Microsoft Word (.docx)
Tax Power Of Attorney (REV184)
A tax power of attorney allows an agent to manage all tax responsibilities within Minnesota. The agent, typically a tax professional, can represent you for all tax-relevant proceedings before the Department of Finance and Administration.
The agent has the right to file taxes, obtain tax information and speak for the client. Qualified tax professionals or tax attorneys usually do this. The level of authority granted should be indicated in the document. It should also specify whether the agent can receive confidential tax information. Minnesota tax power of attorney is customizable to meet individual needs.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney
The vehicle power of attorney is a simple document that designates an agent who will handle all paperwork regarding a vehicle. The agent can then register and title a motor vehicle at the Minnesota Department of Public Safety, Driver, and Vehicle Services Division.
This form can be completed through a checklist-style and will identify the specific powers granted to an agent upon signing. You should also indicate the vehicle(s) and the competencies. For the vehicle power of attorney to be legally binding, it should be signed by a Minnesota Notary Public.
Download: Microsoft Word (.docx)
Medical Power of Attorney
A durable medical power of attorney allows you to give your agent the power to act in your best interests regarding your health care. This power of attorney is particularly relevant when the principal becomes incapacitated and cannot physically or mentally make appropriate decisions.
Although the durable power of attorney will remain effective when the person becomes incapacitated, it ceases its validity upon death. This means that it is crucial to carefully draft each form to make sure all the appropriate decisions regarding the principal’s health are taken care of.
A notary public must sign the Minnesota medical power of attorney. If this does not happen, or if there is a challenge to it, the document could be deemed invalid, and family members may need to attend a costly conservatorship court proceeding.
Download: Microsoft Word (.docx)
Springing Power of Attorney
A springing power of attorney is a distinct type of form. It does not grant the authoritative effects immediately upon signing. Instead, the powers described in the document will not be transferred until a pre-determined occasion occurs. The most common pre-determined event tends to be medically-induced incapacitation.
This means that you can apply springing power of attorney to any previously listed POAs. In addition, this form has the springing quality that allows you to transfer necessary power to a trusted person in an unfortunate event.
Download: Microsoft Word (.docx)
Governing Laws
The primary laws regarding the Minnesota power of attorney are governed by Chapter 523 (Powers of Attorney). These statutes define “durable” explain all of the requirements for the proceedings and their limitations.
All of the signing requirements relevant to the POAs can be found at § 523.01, and the statutory forms for them can be found in Subsection 23. According to the State of Minnesota, all durable power of attorneys must be signed, dated, and include a provision stating how the form will be durable throughout incapacitation.
The laws also dictate that the power of attorneys can be revoked at any time, as long as the principal can indicate their desire to do so. As soon as the principal communicates their intent, the POA becomes invalid.
Minnesota Power of Attorney Requirements
Though the Minnesota power of attorney document is valid, it must meet several requirements to be legally binding. A conservatorship court proceeding will be necessary if these requirements are not met. The requirements for the form may be found in Section 404.705.
Minnesota law requires all power of attorneys to be distinct and specific. It should mention who is granted authority and what the form entails. Upon signing, the document should be notarized.
The date of signing should be included, and the period the POA will be in effect. The names and contact information of all parties should also be included. The specific powers authorized to the agent should also be in writing. Finally, the name and signature of the notary public must be present.
A power of attorney in Minnesota should include specific language that mentions precisely what powers and authority are granted. Additionally, it should include specified language established by law to guarantee that it is valid.
Agent’s Duties and Responsibilities
According to Minnesota law, there are several duties that an agent has to uphold. Firstly, they must act in the principal’s best interest and avoid potential conflicts of interest that prevent impartiality.
The agent should also take every precaution to continue maintaining and upholding a particular estate plan that the principal may have had in place. They should do so without making any modifications to the estate plan.
If the agent has any special skills and was chosen to be the agent because of their skills, they should utilize their expertise to help the principal in any way possible.
Finally, an agent should do their best to maintain regular communication with the principal and always receive and follow their instructions.
The Endpoint of POA Minnesota
A Minnesota power of attorney can terminate in several different conditions. The first situation where the POA can end is when an established time has ended. If the principal sets up a timeframe for the POA, the end date is binding.
Secondly, the document becomes invalid if the principal revokes a power of attorney and informs the agent. Likewise, this can occur if they or their legal representative files a revocation form.
Finally, if the principal dies, a power of attorney ceases to be effective unless said document specifically mentions any reasonable authority post-mortem.
How to Get Minnesota POA?
To establish a power of attorney in the State of Minnesota, both the individual and agent must fill out and sign the form. They should also be notarized whenever possible.
The statute Statutes 404.700 to 404.737 establishes the laws and regulations regarding this requirement. The individual may also choose to revoke the form and can file a document stating that decision.
Here are free customizable power of attorney forms:
Frequently Asked Questions
While a lawyer is not required to review a POA, they are helpful. Especially for the more complex power of attorneys, a legal professional may be beneficial if you have any legal questions.
Hiring a law firm to draft a POA costs anywhere from $200 to $500. The price will vary based on the location and the complexity of the POA.
The individual must provide a copy of the POA to the agent and all relevant institutions so that all parties involved are aware of the situation.
In most cases, a power of attorney needs to be notarized and recorded, especially for real estate power of attorneys and medical-related ones. Two witnesses are also recommended but not required for all types of POA forms.
