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Question
Do I really need a power of attorney in Minnesota?
If you do not have a power of attorney and become incapacitated, a court may need to intervene and appoint someone to take care of your finances for you. The court process can be expensive, and it can cause stress for your loved ones.
With FindLaw, you can easily create a power of attorney. Click on the links below to jump down the page:
How it works
The process takes less than an hour, and you can complete it from the comfort of your home.
Create an account
Create a secure account which is accessible through an easy dashboard you can access any time
Gather information
Indicate who your agent will be and what authority you want them to have
Complete your document
Answer all questions, then we’ll generate your digital documents for downloading, printing, and signing
Make it legal
Carefully follow the instructions provided in the form, which may include signing your documents in front of witnesses or a notary
Plan for your future with confidence
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How to get a Minnesota power of attorney
If you want a power of attorney, you can hire an attorney, or you can make your own by using our forms that comply with Minnesota laws.
Understand how a POA works in Minnesota
A power of attorney is a legal document. It allows a person (the principal) to give another person (the attorney-in-fact) the power to make decisions on the principal’s behalf. Decisions or actions by an attorney-in-fact using a power of attorney are legally binding on the principal.
In Minnesota, powers of attorney are used for financial matters and property. If you want someone to make health care decisions for you, you will need a health care directive.
Decide how much power your attorney-in-fact should have
Powers of attorney can give broad or limited powers. How much authority you give depends on your reasons for having a power of attorney.
When creating a power of attorney, make sure it is broad enough to allow your agent to pay your bills and care for your property if you want your agent to act when you are incapacitated. If you want a power of attorney for limited purposes (such as to manage your bank account), make that clear in the document.
Choose your attorney-in-fact
An attorney-in-fact should be someone who makes good financial decisions. They also should be comfortable reading and filling out forms and dealing with attorneys, banks, and financial institutions.
An attorney-in-fact must be 18 years old.
You can name more than one attorney-in-fact to serve together, but you must clearly state if they need to make decisions together or independently. You should name one or more alternate attorneys-in-fact to take over when your original choices are unavailable or unable to serve.
Find a form that complies with Minnesota law
If you use a generic online form to create a power of attorney, it might not comply with Minnesota law. Make sure you get your form from a reliable source. We offer easy to use power of attorney forms that walk step-by-step through the questions you need to address in your financial POA.
Sign your form with the correct number of witnesses
Under Minnesota law, you must sign and date your power of attorney form with a notary public present, or direct another person to sign for you with a notary public present. There are no other witness requirements for a power of attorney.
Deliver your signed form to the right people
After you sign your power of attorney, give copies to people who need it. Deliver your power of attorney to your attorney-in-fact. You also can give copies to banks and businesses that you want your attorney-in-fact to deal with.
Commonly asked questions about powers of attorney in Minnesota
Powers of attorney are flexible documents. You can create different types that are tailored to your needs. In Minnesota, you can create the following types of powers of attorney.
Durable power of attorney
If you want someone to take care of your money and property when you are incapacitated, you need a durable power of attorney. A durable power of attorney is not terminated by the principal’s incapacity. In Minnesota, your power of attorney must include one of the following phrases, or similar words, if you want it to be durable:
- “This power of attorney shall not be affected by incapacity or incompetence of the principal.”
- “This power of attorney shall become effective upon the incapacity or incompetence of the principal.”
Nondurable power of attorney
If you do not include the above phrases, your power of attorney will be a nondurable power of attorney and will terminate when you become incapacitated.
Limited power of attorney
A limited power of attorney gives an attorney-in-fact limited authority. For example, you can create one for a specific transaction, dealing with a specific business, or managing a piece of property.
Springing power of attorney
In Minnesota, your power attorney will be effective when you sign it and have it notarized unless you create a springing power of attorney. A springing power of attorney does not become effective until a later date or when a future event occurs.
People often want to use springing powers of attorney for incapacity. This might sound like a great idea because your agent will only have power when you need them. However, using a springing power of attorney for incapacity can cause delay. Determining incapacity can take time, and your agent may have trouble proving to others that you are incapacitated.
Powers of attorney are simple forms to fill out. In many cases, people do not need a lawyer to help them create these documents. If you use easy-to-complete forms like the ones we offer, you should be able to make your own power of attorney.
If you cannot decide who your agent should be or are uncomfortable filling out a form, you can speak with an attorney licensed in Minnesota.
Yes, you can. To revoke a power of attorney, you must sign and date a written revocation and have it notarized. You should give copies to your attorney-in-fact, your banks and financial institutions, and any person or business your attorney-in-fact dealt with.
In Minnesota, a business or person must accept a power of attorney that is properly signed and notarized. However, they can refuse to accept your agent’s authority under your power of attorney if:
- They would not be required to do business with you
- They have actual notice that the power of attorney is revoked or terminated
- The power of attorney is past its listed expiration date
- They know you are dead
- They have notice that a court has found you legally incompetent, and your power of attorney is not durable
In Minnesota, you can help your elderly parents make a power of attorney or advance directive by using a form. You should discuss your parents’ goals and wishes with them and make sure they understand what they are signing.
If they are incompetent or do not understand what they are signing, make sure to speak with a Minnesota licensed attorney. If your parents are incompetent and sign a form, it will be invalid. An attorney can discuss options for obtaining a court-appointed guardian and conservator for your parents.
You may want to speak with a lawyer if:
- You don’t know who to choose as your agent
- You want to use a POA for Medicaid planning
- You want to discuss which powers you should give your agent
- You want legal review of your completed power of attorney
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