A power of attorney (POA) is a legal document authorizing a person (the “agent”) to handle duties (“powers”) on another’s (the “principal”) behalf.
Several types of powers of attorney are legally recognized in Minnesota. Read on to find out which one is best for your situation.
Table of Contents
Durable Power of Attorney – Minnesota (MN)
A durable power of attorney remains valid even if a principal becomes incompetent or incapacitated. Accordingly, Durable POAs contain phrasing such as “This power of attorney shall not be affected by incapacity or incompetence of the principal.”
Shown below is a durable financial power of attorney form valid in MN.
MN Durable POA Download Options:
Medical Power of Attorney – Minnesota (MN)
Powers relating to healthcare and end-of-life decisions(such as whether or not to remove life support) can only be transferred using a medical power of attorney or an advance directive.
MN Advance Directive Download Options:
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Limited Power of Attorney – Minnesota (MN)
Unlike a general POA, which transfers broad powers, a special or limited POA is used to transfer a narrow set of (i.e., “limited) powers to the agent, typically for a specific period of time.
MN Limited POA Download Options:
For example, you could use a limited power of attorney to ask a relative to request government benefits on your behalf when you’re unable to do so yourself for any reason (e.g., serious illness or incarceration).
To create a limited power of attorney, in the templates above, simply sign against only those powers you wish to transfer to your agent.
How to Sign as Power of Attorney in Minnesota
In Minnesota, the official name for a power of attorney is a Statutory Short-Form Power of Attorney and is governed by Minnesota Statutes, Section 523.23.
For a power of attorney document to be valid in Minnesota, it must adhere to the aforementioned statute section. The key POA requirements are that the document contain:
- the principal’s name and address
- the agent’s name and address
- the date the POA is signed
- the powers granted
- the signature of a notary public
- the date of when powers begin and expire
All of the documents made available for download on this page conform to the legal requirements in the state of Minnesota.
