Free Minnesota Power of Attorney Forms

Minnesota offers different types of powers of attorney so that you can specify your terms. Use a financial or medical form to meet the relevant requirements and provide authority. Compare the following types of POAs to find the one that suits your situation.

Durable vs. Non-Durable

Your power of attorney can be a durable or non-durable contract. In a durable power of attorney, the agent maintains their authority even after your incapacity. In a non-durable POA, the agent’s powers end at the time of the principal’s incapacitation. Per MN Stat § 523.07, you must include language to define the durability of your contract. The contract is deemed non-durable by default if the original terms do not explicitly state durability.

Financial

A financial power of attorney allows your agent to handle your monetary assets and actions. In Minnesota, your financial agent manages your bank account, bills, and property. Select which of the following powers allowed under MN Stat § 523.23 you want to provide to your agent, or select all of the powers in accordance with the form:

• Real estate transactions
• Access to bank accounts
• Personal property
• Stocks and investments
• Insurance and beneficiary benefits

Medical

A medical power of attorney ensures your attorney-in-fact can protect your wishes. Under MN Stat § 145C.03, a written, signed, and witnessed medical POA allows the agent to act on your behalf. Select from the different authorities provided, such as:

• Ability to choose healthcare providers
• Accessing medical records
• Consenting to or refusing treatment or procedures
• Deciding on organ/tissue donations

Combining your health care power of attorney with a living will allows you to form an advance directive. This directive, also called a healthcare directive, enables you to leave specific instructions and preferences for your end-of-life treatments.

Durable (Financial)

Remains valid even if a principal becomes incompetent or incapacitated.

Signing Requirements: Notary public.

Advance Directive

Outlines health care instructions and assigns an agent to make health care decisions for you.

Signing Requirements: Two witnesses or a notary public (§ 145C.03).

Medical

Grants powers relating to health care and end-of-life decisions (such as whether or not to remove life support).

Signing Requirements: Two witnesses or a notary public (§ 145C.16).

Non-Durable (General)

Gives an agent broad powers to handle your day-to-day financial matters.

Signing Requirements: Notary public.

Limited (Special)

Transfers a narrow set of powers to the agent, typically for a specific period of time.

Signing Requirements: Notary public.

Springing

The form "springs" into effect in a certain situation, and ends at a time you specify.

Signing Requirements: Notary public.

Tax (Form REV184i)

Allows taxpayers to appoint a representative to act on their behalf before the Minnesota Department of Revenue.

Signing Requirements: Taxpayer.

Motor Vehicle

Allows vehicle owners to grant authorization to others to handle matters related to their vehicle with the Driver and Vehicle Services Division.

Signing Requirements: Notary public.

Real Estate

Appoint a trusted agent to manage real estate transactions like buying, selling, and leasing.

Signing Requirements: Notary public.

Minor (Child)

Authorize a temporary guardian for your child to make decisions on education and health when you're unavailable, valid for up to one year.

Signing Requirements: Notary public.

Revocation

Use to revoke a previous power of attorney agreement, allowing the principal to end the agent’s authority.

Signing Requirements: A notary public’s acknowledgment is required for signatures made on behalf of the principal or by mark.

Writing a power of attorney for Minnesota requires you to understand and follow the proper laws and formats. Create an effective Minnesota POA with the following steps:

1. Name the parties: Add the principal’s and agent’s full legal names, addresses, and contact information.
2. Grant general authority: Mark which general authority you want your agent to hold. General powers often include access to bank accounts, medical records, and personal property, and may include all powers.
3. Note specific powers: If you want to include special instructions or particular authorities, include those terms in this section. Specific powers often include making gifts, changing beneficiaries, or accessing trusts.
4. Set the effective date: Mark the effective date to enable your agent’s authority to act. Your POA may be effective at the time of signing or the occurrence of a specific event, such as the principal’s incapacitation. If a date is not specified, it is presumed that the POA is immediately effective.
5. Decide on an expiration date: Per MN Stat § 523.075, if the POA is to expire, it requires an exact expiration date formatted with the month, date, and year. The POA cannot expire based on an event or contingent terms. Alternatively, your POA may remain in effect indefinitely, or a non-durable POA may end upon your incapacitation if no expiration date is stated.

Creating a Minnesota power of attorney involves a lot of legal requirements and additional considerations. Understanding the regulations ensures your agreement is enforceable. Keep the following considerations in mind when making your POA.

Notarization

Minnesota does not have any formal notarization or witness requirements. Under MN Stat § 523.04, a POA only needs the principal’s signature to be assumed valid. However, it is highly recommended that the document be notarized or witnessed for extra protection in case of disputes.

Filing

Minnesota does not require formal filing for power of attorney documents. However, it’s recommended that each party keep a copy for their records. In addition, if the POA involves the transfer of real estate assets, it must be filed with the county recorder’s office where the property is located under MN Stat. §523.05. Any affected banking and medical institutions may require a copy of the agreement to verify the agent’s ability.

Affidavit

Per MN Stat § 523.16, if your POA includes multiple attorneys-in-fact or if the agent is acting on behalf of someone in the military, an affidavit is required as proof of the attorney-in-fact’s authority. The attorney-in-fact creates this affidavit to prove that an event has triggered the beginning of their authority to act.

Revocation

If your circumstances or wishes change, you can use a revocation method to end your agent’s authority. The principal, agent, or agreement terms may revoke a power of attorney agreement. Under MN Stat § 523.08 and § 523.09, a durable or non-durable power of attorney agreement may terminate with one of the following methods:

• Principal death or incapacitation: In a durable POA, the agent maintains authority until the principal’s death. For a non-durable arrangement, the authority automatically revokes when the principal is incapacitated.
• Principal revocation: The principal can write and deliver a notice of revocation to the agent, informing the agent of their authority’s end.
• Agent resignation: If the agent is no longer willing or able to fulfill their duties, they can write an agent resignation to terminate their agreement.
• Noted expiration date: If the agreement includes an expiration date or upon the occurrence of a certain event, the agent’s powers end on that date.
• Divorce filing: In cases where the principal’s spouse serves as the agent, filing for a divorce or legal separation automatically revokes their abilities.

If the agent acts in good faith before becoming aware of the revocation, their actions remain valid, and the agent will not face any consequences.