Free Minnesota Power of Attorney (POA) Form

A Minnesota Power of Attorney allows you to grant authority to an Agent to handle your affairs and sign documents on your behalf. Find out how to get your customized form online now.

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Last Update November 24th, 2023

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Table of Contents:

Types of Power of Attorney in Minnesota
How to Get a Power of Attorney in Minnesota
Minnesota Power of Attorney Requirements
Minnesota Power of Attorney Sample
FAQs About Minnesota Power of Attorney Forms

Types of Power of Attorney in Minnesota

Before starting a Minnesota Power of Attorney, it is critical to know what type of POA to create. There are many different varieties of these legal instruments, and each grants different kinds of powers from a Principal to an Agent or Attorney-in-Fact.

The most common kinds of POA available in Minnesota include the following examples:

Durable:Durable Power of Attorney documents are invaluable tools for individuals planning how their estate will be managed in their old age, or in the event of sudden illness or disability. They allow the Agent to act for the Principal even if they become incapacitated.

Limited: A Limited Power of Attorney lets a Principal grant time-limited powers to an Agent. This is usually to allow the Agent to complete a one-off task such as signing a contract.
Medical: Medical Power of Attorney is a durable form of POA that allows a Principal to appoint a person to make medical decisions for them if they become incapacitated
Real Estate: Real Estate POAs are specially tailored documents that let Principals grant powers to an Agent for the purposes of managing real estate.
Vehicle (DMV): A Vehicle Power of Attorney (or DMV POA) gives an Agent the authority to transfer ownership of a car or motorbike belonging to the Principal and to manage other issues related to cars and other motor vehicles.
Springing: A springing Power of Attorney is a legal instrument that allows you to appoint and give authority to an Agent when certain criteria are met and specific events occur. These will normally become active when the Principal becomes incapacitated and unable to act for themselves.
Minor (Child) Power of Attorney: This variety of Power of Attorney allows a Principal to appoint an Agent to take on their legal parental rights for a limited period of time. This could be for work reasons, deployment in the military, or due to an illness.
Tax: A Tax Power of Attorney form enables you to grant authority to an agent to represent you before Minnesota’s Department of Revenue.

How to Get a Power of Attorney in Minnesota

AMinnesota Power of Attorney can be filled in fully online with our step-by-step form completion survey. All you need to do is answer the questions and add in your own information to create a fully complete POA tailored to your necessities.

Alternatively, the task of creating a POA can be left to a lawyer. However, this is usually a more time-consuming and costly process.

Also, some pre-prepared forms for Vehicle or Tax POAs can be obtained directly from a Minnesota Driver and Vehicle Service or Department of Revenue site. However, it is recommended to seek the help of an attorney in order to fill the document properly.

Minnesota Power of Attorney Requirements

To comply with MN law you’ll need to complete your Power of Attorney form and ensure that it is correctly signed. There are a number of rules that control how this should be done.

Firstly, the people signing the POA must all be legally able to sign a contract. This means they should be able to demonstrate that:

They are over 18 years old
They are sound of mind
They understand the agreement being signed

If the Agent is a financial institution, they must have trust powers and a registered place of business within Minnesota.

The document itself must also be signed in a way that’s legally compliant with Minnesota state statutes. For your POA to be effective in Minnesota, this must be done in the following way:

Both the Principal and the Agent must sign.
A notary public must also be present at the signing to notarize the document, and must sign it too.

Be aware, that once the POA document is completed and signed, there are still some steps you’ll need to take if you plan to manage real estate in Minnesota. You’ll need to register the document with the local County Recorder where the property is located after signing.

Minnesota Power of Attorney Sample

Looking over a completed Minnesota POA sample is a good place to start when you’re planning to create your own document. Use our template example below to understand the information that goes into this form and to learn more about what your document can do.

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FAQs About Minnesota Power of Attorney Forms

It is important to have a good understanding of what Minnesota Power of Attorney forms can do before filling in your own. Read through our FAQs below to get a better idea of the key information needed as well as any other special considerations.

Can I Create My Own Power of Attorney in Minnesota?

It is possible to create your own Minnesota Power of Attorney easily online with our easy contract maker. Alternatively, you can find templates for certain types of POA at your local DVS or Department of Revenue office or can pay to have a legal expert draft and complete your document.

What Are Some Uses of a Power of Attorney?

A Minnesota Power of Attorney is an important legal document that allows you to appoint a trusted individual to act on behalf of you to carry out important activities. Once signed, these legal forms can be used for a number of different purposes depending on their type and listed powers.

These responsibilities include:

Managing your financial affairs
Making medical decisions for you if you are incapacitated
Handling activities for you such as buying or selling property

What is a MN Statutory Durable Power of Attorney?

A Statutory Durable Power of Attorney contains the wording that represents the legal standard of these legal instruments in Minnesota. Once completed and signed, this document allows an Agent to manage a Principal's financial affairs after any period of incapacity

You are only a few steps away from your own Minnesota Power of Attorney !

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Preview of your Minnesota Power of Attorney

MINNESOTA SHORT FORM POWER OF ATTORNEY

Before completing and signing this form, the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL that appears after the signature lines in this form. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this form, acknowledging having read and understood the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT that appears after the notice to the principal.

DESIGNATION OF AGENT

I, _________, with permanent residence address at _________, telephone number _________, and email address _________, name the following person as my agent:

Name of Agent: _________
Agent's Address: _________
Agent's Telephone Number: _________
Agent's Email Address: _________

DURABLE POWER OF ATTORNEY

GRANT OF GENERAL AUTHORITY

I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Uniform Power of Attorney Act:

(To grant to the attorney-in-fact any of the following powers, make a check or "x" on the line in front of each power being granted. You may, but need not, cross out each power not granted. Failure to make a check or "x" on the line in front of the power will have the effect of deleting the power.)

________ Real property transactions
________ Tangible personal property transactions
________ Bond, share and commodity transactions
________ Banking transactions
________ Business operating transactions
________ Insurance transactions
________ Beneficiary transactions
________ Gift transactions
________ Fiduciary transactions
________ Claims and litigation
________ Family maintenance
________ Benefits from military service
________ Records, reports and statements

LIMITATION ON AGENT'S AUTHORITY

An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS

My attorney(s)-in-fact must NOT render accounting to me, my personal guardian or conservator, or to anyone I deem my representative on these matters.

My Agent is entitled to reasonable compensation for services rendered as my Agent.

My Agent is entitled to reimbursement for reasonable expenses incurred in acting under this Power of Attorney.

EFFECTIVE DATE

This power of attorney shall be effective immediately and will continue to be effective until my death, even if I became incapacitated, except as may be provided otherwise by an applicable state statute.

This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.

RELIANCE ON THIS POWER OF ATTORNEY

Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.

In witness whereof I have hereunto signed my name this __ day of _________, ____, at _________, Minnesota.

	________________________________________
	(Signature of Principal)

Address: _________
Telephone Number: _________
Email Address: _________

Acknowledgment of notice to attorney(s)-in-fact and specimen signature
of attorney(s)-in-fact

By signing below, I acknowledge I have read and understand the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT required by Minnesota Statutes, section 523.23, and understand and accept the scope of any limitations to the powers and duties delegated to me by this instrument.

Specimen Signature of Attorney(s) in Fact:

___________________________________	_______________
_________	Date

NOTARY ACKNOWLEDGMENT

STATE OF MINNESOTA	)
	) ss
COUNTY OF _________	)

The foregoing instrument was acknowledged before me this __ day of _________, ____,
by _________

	________________________________________
	(Signature of Notary Public or other Official)

IMPORTANT NOTICE TO THE PRINCIPAL

READ THIS NOTICE CAREFULLY. The power of attorney form that you will be signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is anything about this form that you do not understand, you should seek legal advice.

PURPOSE: The purpose of the power of attorney is for you, the principal, to give broad and sweeping powers to your attorney(s)-in-fact, who is the person you designate to handle your affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers you designate in this power of attorney form binds you, your heirs and assigns, and the representative of your estate in the same manner as though you took the action yourself.

POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into transactions relating to any of your real or personal property, even without your consent or any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not supervised. THIS POWER OF ATTORNEY DOES NOT GRANT ANY POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. TO GIVE SOMEONE THOSE POWERS, YOU MUST USE A HEALTH CARE DIRECTIVE THAT COMPLIES WITH MINNESOTA STATUTES, CHAPTER 145C.

DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep complete records of all transactions entered into on your behalf. You may request that your attorney(s)-in-fact provide you or someone else that you designate a periodic accounting, which is a written statement that gives reasonable notice of all transactions entered into on your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact reimburses himself or herself for any expenditure they made on behalf of you.

An attorney-in-fact is personally liable to any person, including you, who is injured by an action taken by an attorney-in-fact in bad faith under the power of attorney or by an attorney-in-fact's failure to account when the attorney-in-fact has a duty to account under this section. The attorney(s)-in-fact must act with your interests utmost in mind.

TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers throughout your lifetime, both before and after you become incapacitated. However, a court can take away the powers of your attorney(s)-in-fact because of improper acts. You may also revoke this power of attorney if you wish. This power of attorney is automatically terminated if the power is granted to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage.

This power of attorney authorizes, but does not require, the attorney(s)-in-fact to act for you. You are not required to sign this power of attorney, but it will not take effect without your signature. You should not sign this power of attorney if you do not understand everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it.

Please place your initials on the following line, indicating you have read this IMPORTANT NOTICE TO THE PRINCIPAL:

INITIALS: ____________

IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT

Agent's Duties

You have been nominated by the principal to act as an attorney-in-fact. You are under no duty to exercise the authority granted by the power of attorney. However, when you do exercise any power conferred by the power of attorney, you must:

(1) Act with the interests of the principal utmost in mind;

(2) Exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs;

(3) Render accounting as directed by the principal or whenever you reimburse yourself for expenditures made on behalf of the principal;

(4) Act in good faith for the best interest of the principal, using due care, competence, and diligence;

(5) Cease acting on behalf of the principal if you learn of any event that terminates this power of attorney or terminates your authority under this power of attorney, such as revocation by the principal of the power of attorney, the death of the principal, or the commencement of proceedings for dissolution, separation, or annulment of your marriage to the principal;

(6) Disclose your identity as an attorney-in-fact whenever you act for the principal by signing in substantially the following manner:

________________________________________________________________________
(Principal's Name) by (Your Signature) as Agent

(7) Acknowledge you have read and understood this IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT by signing the power of attorney form.

You are personally liable to any person, including the principal, who is injured by an action taken by you in bad faith under the power of attorney or by your failure to account when the duty to account has arisen.

The meaning of the powers granted to you is contained in Minnesota Statutes, chapter 523. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

Termination of Agent's Authority

You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:

(1) Death of the principal;

(2) The principal's revocation of the power of attorney or your authority;

(3) The occurrence of a termination event stated in the power of attorney;

(4) The purpose of the power of attorney is fully accomplished; or

(5) If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.

Liability of Agent

The meaning of the authority granted to you is defined in the Uniform Power of Attorney Act. If you violate the Uniform Power of Attorney Act or act outside the authority granted, you may be liable for any damages caused by your violation.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

AFFIDAVIT OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NON-TERMINATION AND NON-REVOCATION IN REAL PROPERTY TRANSACTIONS

STATE OF MINNESOTA	)
	) ss
COUNTY OF _________	)

_________, being first duly sworn on oath says that:

1. Affiant is the Attorney-in-Fact (or agent) named in that certain Power of Attorney dated __________________, and filed for record __________________, as Document No. __________________ (or in Book __________________ of __________________ Page __________________), in the Office of the County Recorder or Registrar of Titles of _________ County, Minnesota, executed by _________ as Grantor and Principal, relating to real property in _________ County, Minnesota, legally described as follows:
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
__________________________________________________________________
(If more space is needed, continue on back or on an attachment.)

2. Affiant does not have actual knowledge and has not received actual notice of the revocation or termination of the Power of Attorney by Grantor's death, incapacity, incompetence, or otherwise, or notice of any facts indicating the same.

3. Affiant has examined the legal description(s) if any, attached to said Power of Attorney, and certifies that the description(s) has (have) not been changed, replaced, or amended subsequent to the signing of said Power of Attorney by the Principal. If so, please confirm this below:

___________________________________
_________, Affiant

Subscribe and sworn to before me
this __ day of _________, ____,

	________________________________________
	(Signature of Notary Public or other Official)

Notary Stamp or Seal

This instrument was drafted by:
________________________________________
________________________________________
________________________________________