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.rnrnu003cbu003eDurable power of attorneyu003c/bu003ernrnIf 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:rnu003culu003ern tu003cliu003eu0022This power of attorney shall not be affected by incapacity or incompetence of the principal.u0022u003c/liu003ern tu003cliu003eu0022This power of attorney shall become effective upon the incapacity or incompetence of the principal.u0022u003c/liu003ernu003c/ulu003ernu003cbu003eNondurable power of attorneyu003c/bu003ernrnIf 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.rnrnu003cbu003eLimited power of attorneyu003c/bu003ernrnA 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.rnrnu003cbu003eSpringing power of attorneyu003c/bu003ernrnIn 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.rnrnPeople 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.

Financial 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.rnrnIf you cannot decide who your agent should be or are uncomfortable filling out a form, you can speak with an u003ca title=u0022Attorney Directoryu0022 href=u0022https://lawyers.findlaw.com/lawyer/practicestate/estate-planning/minnesota?fli=diyd:FL22u0022u003eattorney licensed in Minnesotau003c/au003e.

Yes, you can. To revoke a financial 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 financial power of attorney that is properly signed and notarized. However, they can refuse to accept your agent’s authority under your financial power of attorney if:rnu003culu003ern tu003cliu003eThey would not be required to do business with youu003c/liu003ern tu003cliu003eThey have actual notice that the power of attorney is revoked or terminatedu003c/liu003ern tu003cliu003eThe power of attorney is past its listed expiration dateu003c/liu003ern tu003cliu003eThey know you are deadu003c/liu003ern tu003cliu003eThey have notice that a court has found you legally incompetent, and your power of attorney is not durableu003c/liu003ernu003c/ulu003e

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.rnrnIf they are incompetent or do not understand what they are signing, make sure to speak with a u003ca title=u0022Attorney Directoryu0022 href=u0022https://lawyers.findlaw.com/lawyer/practicestate/estate-planning/minnesota?fli=diyd:FL22u0022u003eMinnesota licensed attorney.u003c/au003e 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.

Attorneys in Minnesota can charge a wide range of prices for a power of attorney or health care directive. Many charge per document, but some charge per hour.rnrnUsing a form is less costly than an attorney, but you should use one that is made for Minnesota and easy to use, like the forms we offer.rnrnDisclaimer: FindLaw is not a law firm, and the forms are not a substitute for the advice or services of an attorney.