Durable Power of Attorney Form | Minnesota

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Updated on May 5th, 2023

A Minnesota durable power of attorney form allows individuals to designate representatives to make monetary decisions and perform transactions on their behalf. The contract is “durable” because it is not affected by any period of incapacity or incompetence of the principal. It is important to choose an agent that lives near the principal so that they will be able to perform at a moment’s notice. As long as the principal remains mentally competent, they can revoke the agreement at any time by issuing a power of attorney revocation. The powers that the agent may perform can include real property transactions, banking, business operations, gifts, reports, and statements.

Laws

  • “Durable” Definition (§ 523.07) – 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.
  • Statute – § 523.23 (Statutory Short Form of General Power of Attorney)
  • Signing Requirements (§ 523.01) – Notary public.