Minnesota Power of Attorney Forms
The Minnesota Power of Attorney Forms represent a legal avenue for any individual (so long as they are not in an incapacitated state) to nominate another party, whether an individual or entity, to assume their role in completing both legal responsibilities and personal tasks. So long as the form is valid, it will delegate decision making powers from the individual to the party they nominate so that they may manage the individual’s finances, property, children, healthcare, and/or taxes.
What is a Minnesota Power of Attorney?
A Minnesota Power of Attorney is a powerful legal document that bestows powers on a person or entity, referred to as the Agent, to both perform the particular actions listed in the POA in lieu of party referred to as the Principal. As the creator of the POA, the Principal is responsible for detailing precisely what powers, as well as in what circumstances, they wish the Agent to exercise his or her powers over their affairs.
- Minnesota Power of Attorney Laws – (Chapter 523, Minnesota Statutes, “Powers of Attorney”)
- State Definition of Power of Attorney (§ 523.03(3)) – “means a validly executed power of attorney.”
- Signing Requirements (§ 523.04) – It is a requirement that the POA is dated and signed by the Principal in order for it to be valid.
Durable (Financial) Power of Attorney – One of the primary types of POA that is characterized by the fact that it will continue to be applicable in the event that the principal is declared to be in an incapacitated state.
General (Financial) Power of Attorney – In order for an individual to delegate decision making powers about their finances to another party that will only last so long as they are in a legally sound state of health, the requirements of this POA will need to be fulfilled.
Limited (Special) Power of Attorney – Should a principal not want the powers of a POA to be all encompassing, it is in their best interests to use a Limited (Special) POA, which allows for a specific-purpose POA to be established.
Medical Power of Attorney – While many people avoid planning their end-of-life care, it is perhaps one of the most important decisions that anyone can make in their life. Whatever is decided, it can be made legally known by filing this form.
Download – Adobe PDF
Minor Child Power of Attorney – A non-durable type of POA that grants temporary care of a child to a trusted party, with powers extending to such issues as necessary medical treatments and procedures, as well their personal care.
Motor Vehicle (DMV) Power of Attorney – This form allows a motor vehicle owner in Minnesota to elect another party to handle any specified affairs involving the vehicle to which the Motor Vehicle POA is in regards to.
Real Estate (Property) Power of Attorney -Provides individuals with the choice to elect another person or entity to take the reigns of any matters related to a real property.
Revocation of Power of Attorney – A document that when completed, allows a principal to cease the continuation of a POA.
State Tax Filing Power of Attorney (Form REV184) – A form provided by the Minnesota Department of Revenue in which an individual can appoint a new tax POA, or change or remove an existing one.
Download – Adobe PDF
When is it Effective?
Minnesota state law, specifically § 523.04, establishes that in order for any Power of Attorney to be effective, it must be signed and dated by the Principal who is named in the form. Although it is not mandated, it is advisable that the Principal signs any POA they are a party to before a Notary Public and two (2) witnesses.