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.