Powers of Attorney in Minnesota: Issues, Facts, and Commonly Asked Questions

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POWERS OF ATTORNEY IN MINNESOTA
Issues, Facts, and Commonly Asked Questions
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• WHAT IS A POWER OF ATTORNEY?

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WHAT DO THEY DO?
Principals can give their agents numerous
different types of decision-making authority
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HOW DO YOU MAKE A POWER OF ATTORNEY?
In Minnesota you can only create a power of
attorney in writing
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CREATING THE POA
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GRANTING POWERS
When granting power of attorney, only the
principal can decide what powers to give
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However, all those powers must be specifically
granted or, if the principal wants to give broad
powers, the power of attorney document must
specify that it transfers general power
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CAPACITY
If you want to create a power of attorney you
have to meet some minimum legal requirements
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AUTHORITY
Creating a power of attorney does not give away
your rights, it simply allows your agent to act
on your behalf
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YOUR AGENT

• When the principal chooses someone to
• act on his or her behalf,
• that person earns the title of
• attorney-in-fact, also called an agent

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WHAT IS A DURABLE POWER OF ATTORNEY?
Durable powers continue to allow the agent to act
on your behalf even if you lose your ability to
make decisions
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DEATH
All powers of attorney, whether durable or not,
terminate once the principal dies
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OTHER CONSIDERATIONS
Powers of attorney allow you to choose who
represents you
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Should you become incapacitated but not dead,
someone will have to manage your affairs
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CONSERVATORSHIP
If you dont choose who that person is a court
will have to do it for you
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CONSERVATORSHIP
If you dont choose who that person is a court
will have to do it for you
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INHERENT LIMITATIONS
There are some things agents are never allowed
to do
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Creating a power of attorney that grants any
prohibited powers could result in a court finding
the power of attorney is invalid
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CONCLUSIONS
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TIME IS ALWAYS AGAINST YOU
You dont have to wait until an emergency arises
to create a power of attorney
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In fact, doing so then is always worse than
creating one when you have the luxury of time
because you can think more clearly about the
issues involved
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You can always create a springing power of
attorney that only takes effect should you
become incapacitated later
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Having the powers of attorney in place and ready
to use is always better than having to scramble
to create them
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PART OF A LARGER ESTATE PLAN
Powers of attorney are very useful, but they are
not a cure-all
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• A good estate plan includes
• other necessary elements
• that have abilities
• powers of attorney cannot grant

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LEARN MORE ABOUT MINNESOTA POWERS OF ATTORNEY
MINNESOTA POWERS OF ATTORNEY
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