A Minnesota power of attorney revocation form is designed to formally cancel any previously granted power of attorney. If a principal decides to withdraw their agent’s authority, they need to complete this form, providing details about themselves, the agent, and the original power of attorney’s execution date.
For legal effectiveness, it’s advisable to sign this document before a notary public and then distribute copies to the agent and all relevant parties to ensure they are aware of their revoked authority.
Legal Considerations
Statute – § 523.11
Definition – § 523.11(2) – “As used in this chapter, ‘actual notice of revocation’ means that a written instrument of revocation has been received by the party.”
Signing Requirements – § 523.11(1) – A notary public’s acknowledgment is required for signatures made on behalf of the principal or by mark. It’s also advised to have any direct signatures from the principal notarized.
Revocation and Termination
As per § 523.08, the authority to act under a power of attorney ends if:
- The court appoints someone else to manage the affairs.
- The person granting the power revokes it.
- The agent can no longer serve due to death, resignation, or incapacity.
- The person granting the power dies.
A written revocation notice should be served to the agent.
Fees
- Notary: Range from $5 to $10 per signature.
- Recording: Record the revocation at the same County Recorder’s Office where the original was filed. Fees vary by county but are typically $20-$50.
Resources
- LawHelp Minnesota: Provides legal support information and assistance, reflecting state commitment to residents.
- Attorney General Office: Provides resources for guidance on durable powers of attorney and legal matters.
Related Forms
Durable Power of Attorney Form
Signing Requirements: Principal and notary public (if signed on behalf of the principal).
Minor (Child) Power of Attorney
Signing Requirements: Notary public.
Medical Power of Attorney
Signing Requirements: Two witnesses or notary public.
