Power of attorney (POA) is a vital document that can ensure those you trust most have the legal authority to make decisions about your wellbeing and finances should you not be able to.
Drafting a durable power of attorney, will, trust, or any end-of-life planning document is an important conversation and should not be completed without consulting a professional estate planning attorney.
What Are the Legal Requirements for Durable Power of Attorney in Minnesota?
The state requires the document to have the following:
- In Writing
- Signed by the “Principal” (the Creator of the POA) in Front of a Notary Public
- Includes the Signature of Two Adult Witnesses (One of Whom Isn’t Related to the Principal or Acknowledged by a Notary Public
- Clear on Which Powers Are Being Granted
Can a Minnesota POA Be Revoked?
The principal holds this power and the agent’s authority revocation isn’t effective until the agent has received notice of the revocation. Additionally, upon divorce or legal separation, a former spouse is automatically revoked from attorney-in-fact responsibilities. (Minnesota does allow the naming of an alternative attorney-in-fact for when the primary attorney-in-fact can no longer retain his or her duties.)
It’s also worth noting that Minnesota does not recognize the Uniform Health-Care Decisions Act approved in 1993. In short, certain state laws pertaining to advance directives and POAs relating to health care remain separate and at the discretion of state governing bodies. Your estate planning attorney can outline this in more detail.
A durable POA follows the specific wishes of the principal, so it’s important to note within the document if you want the wishes to be followed while you’re alive and sound or only if you become incapacitated or unable to make your own decisions.
Considering the importance of POAs, enlisting the help of a qualified Minnesota estate planning attorney is crucial. He or she can help sort out exactly what you need to have in the document and bring up things you may not have considered. Families across Wayzata and the Twin Cities trust attorney John Waldron at Waldron Law Offices, Ltd. Call (952) 471-0940 to learn more and schedule a free consultation.