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Minnesota Power of Attorney Forms

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A Minnesota Power Of Attorney can be considered a useful document to have in place for a variety of situations. That is why there is a variety of types of powers of attorney. For instance, you can place one in effect if you intend to have someone handle your affairs in case you are unable to act for yourself.  Or you could have one for use when you expect to be away from your children and need someone in place to be able to care for and act on behalf of your children. Others would be applicable in more specific instances like the sale of a vehicle or the filing of your taxes. All forms should comply with Chapter 523 of the Minnesota Statutes.

Types

Durable Power of Attorney – This form is often used as part of long-term planning and it is generally used to ensure that someone trustworthy is available to act for you when you become unable to act for yourself.

General Power of Attorney – This form is for general use to appoint someone to handle your financial affairs. It has a catch, though. Unlike the durable type, it does not stay in place if you become incapacitated, or unable to care for yourself as determined by a doctor.

Health Care Directive (Medical POA) – Unfortunately, many people end up in a position where they can no longer make decisions for themselves, due to a tragic accident or the diseases associated with age. This allows you to appoint someone, before that happens, to take care of your health care decisions in the event that situation presents itself.

Limited (Special) Power of Attorney – This type is used when you have a short-term situation where you need someone to act on your behalf for a specific transaction.

Minor Child Power of Attorney – In the event that you anticipate being away from your children and want to make sure the caretaker is able to act on their behalf while you are away, this form could come in handy.

Power of Attorney Revocation – Sometimes it becomes necessary to terminate a POA. It is important that you let all interested parties know in writing. That is where this form is helpful.

Real Estate Power of Attorney – When an owner decides to allow someone else to handle the management, sale or purchase of real property.

Tax Power of Attorney (Form REV184) – Sometimes it’s helpful to allow your accountant to access your tax records and make filings on your behalf. In those situations, it is important to have this type of POA in place.

Vehicle Power of Attorney – When you want help in registering your new vehicle or obtaining a new title, you can appoint an agent to represent you with the Minnesota Department of Public Safety, Driver and Vehicle Services.

How to Write

1 – Verify The Information You Have, Then Open This Form

First, it is important that you review the forms carefully and choose the correct one for your situation. If you are confused, you may want to consult an attorney. Once all the information that must be documented is verified, use one of the buttons below to open the form compatible with your software. If you do not have word processing or PDF editing software, you may open the form in your browser then print it.

2 – Required Reading And Preliminary Principal Acknowledgment

The Principal should find and read the “Important Notice To The Principal” section on the second to last page of this document. Each paragraph statement documented here will divulge some important information regarding this form and its effect. The Principal should initial the blank line in the last sentence of this notice. The act of initialing this line will signify the Principal’s full comprehension and agreement with the statements in this section.

3 – The Principal, Attorney-in-Fact, And Any Determined Successor Agents

The general purpose of this form will allow an individual (The Principal) to delegate his or her Authority to an Agent (Attorney-in-Fact). In many cases, the Principal has determined a backup Agent (Successor Agent) to step into the Attorney-in-Fact’s role if the Attorney-in-Fact cannot or will not wield the Authority defined here.

Near the top of the first page, locate the blank lines beneath the bold word “Principal.” These blank lines will require the Principal’s Full Legal Name and Complete Residential Address presented. Below this will be two distinct columns. Use the blank lines below the words “Attorney(s)-in-Fact” to record each Attorney-in-Fact’s Full Legal Name and Complete Residential Address documented. If there is not enough room in this area, you may use an editing program to add more space or you may conclude this report on an appropriately labeled sheet of paper then attach it to this form before the Principal signing. The number of Attorneys-in-Fact declared is up to the Principal, however, if more than one is named, an additional piece of information will be necessary. Directly below the reported Names and Addresses of the Attorneys-in-Fact, mark an X on the blank line preceding the words “Each Attorney-in-Fact may…” to indicate each one will act independently. If all the Attorney-in-Facts named in this column must work together regarding Principal Matters, then place an “X” on the blank line preceding the words “All Attorney-in-Fact Must Jointly…”In the column on the right has been provided in the event the Principal wishes to name a “Successor Attorney(s)-in-Fact.” Since these Agents will step into Power in the order they are listed, they should be documented in the order the Principal wishes the Successor Attorney-in-Fact to assume Power if necessary. After the words “First Successor,” Document the Full Name and Residential Address of the first Successor Attorney-in-Fact expected to wield Principal Power if the Primary Attorney-in-Fact can/will not act as such. Then, after the words “Second Successor,” enter the Full Name and Address of the individual who will assume Principal Power if both the Primary Attorney-in-Fact and First Successor Attorney-in-Fact are both unable to act as such.After presenting all the parties involved with this document, there will be an optional area, “Expiration Date,” where the Principal may designate a specific Termination Date to this document. That is a Date where Principal Approval to the Agent’s use of Principal Authority will be automatically withdrawn. If the Principal desires such a Date, then enter the Month, Day, and Year of the Termination Date on the blank spaces labeled “Use Specific Month,” “Day,” and “Year Only.”

3 – Principal Approval Of The Granted Powers

The next section will supply the Principal with the wording necessary to delegate Principal Powers to the Attorney(s)-in-Fact declared in this document. In addition, there will be a list presented concerning Principal Powers that may be designated to the Attorney(s)-in-Fact. Place an “X” on each blank space corresponding to a definition of Authority the Principal wishes to grant the Attorney-in-Fact. If the Principal wishes to designate all the Powers listed here, then only the paragraph statement labeled as “N” should bear an “X.” Otherwise, if only some Powers are marked with an “X,” then none of the actions in the unmarked statements of Principal Power will be approved for the Attorney-in-Fact to wield.

The Principal Power to engage in Real Property Transactions on behalf of the Principal will be granted to the Attorney(s)-in-Fact if the blank line preceding Item (A). This item will require additional information. Enter the County where the Property the Attorney-in-Fact may wield Principal Power over is located. Then, on the blank lines after the words “described as follows,” enter the Legal Description of the concerned Property.              

If the Attorney(s)-in-Fact may utilize Principal Authority to conduct “Tangible Personal Property Transactions” on behalf of the Principal, then mark Item (B).

If the Attorney-in-Fact may wield Principal Authority over the Principal’s “Bond, Share, and Commodity Transactions” then mark Item (C).

Item (D) should be marked if the Principal wishes to designate the Attorney-in-Fact with Principal Power over the Principal’s “Banking Transactions”

If the Attorney-in-Fact can conduct the Principal’s “Business Operating Transactions” as if he or she were the Principal, then place an “X” on Item (E).

The Principal may delegate Principal Authority to conduct “Insurance Transactions” on his or her behalf through the wording in Item (F). Place an “X” on the blank space preceding Item (F) to delegate such Authority to the Attorney-in-Fact.

The Attorney-in-Fact may conduct “Beneficiary Transactions” in the name of the Principal if Item (G) is marked.

The Principal may appoint the Attorney-in-Fact with the Power to engage in “Gift Transactions” in his or her name once Item (H) is marked with an “X.”

The Principal’s “Fiduciary Transactions,” may be decided upon and acted on by the Attorney-in-Fact once Item (I) is marked with an “X.”

If you place an “X” on the blank space corresponding to Item (J), the Attorney-in-Fact will be able to wield Principal Authority regarding the Principal’s “Claims and Litigation” once the Principal executes this document.

The Attorney-in-Fact named in this form will have the required Approval to exert Principal Authority concerning the Principal’s “Family Maintenance” matters if Item (K) is marked.

If Item (L) is marked, the Attorney-in-Fact will have the Principal Power to affect the Principal’s “Benefits from Military Service”

Item (M) should be marked if Principal wishes to delegate the Attorney-in-Fact with Principal Authority regarding his or her “Records, Reports, and Statements

If the Principal wishes to designate the Attorney-in-Fact with Principal Powers in all the subjects in this list, then mark Item (N).

Next, we will need to define precisely how Durable this Power of Attorney is. For instance, if the Principal is rendered incapable of making his or her own decisions or to conduct his or her affairs and diagnosed as such by his or her Physician, will the Powers defined here still be available to the Attorney(s)-in-Fact named above? The Principal’s wishes in such a scenario will be explored in the Second Article.

If the Powers the Principal appoints the Attorney(s)-in-Fact with should remain Effective regardless of whether the Principal is declared incapacitated or incompetent by the appropriate Professionals, then place an “X” just before the statement beginning with “This power of attorney shall continue to be effective.” If the Principal does not with the Attorney(s)-in-Fact to retain the Principal Powers being delivered then mark the statement beginning with the words “This Power of Attorney shall not be effective…”The Third Article will address the subject of “Gifts” more specifically. In some cases, the Principal may wish to avoid any conflict of interests or may wish to provide assurance as to his or her Approval of an Attorney(s)-in-Fact’s judgment in relation to Gifts and the Principal’s Preferences. Make sure all parties have read the paragraph beginning with “Minnesota Statutes.” Once this task is done, observe the two statement choices below

Place an “X” on the blank line preceding the first statement choice if the Principal will not Authorize any Attorney(s)-in-Fact with the Power “make gifts to themselves or to anyone the Attorney(s)-in-Fact” must legally support.Make an “X” on the blank space corresponding to the second statement if the Principal will grant the Attorney(s)-in-Fact the Principal Authority “to make gifts to themselves or anyone the Attorney(s)-in-Fact will have a legal obligation to support.” You must enter the Full Name of the Attorney(s)-in-Fact allowed to make such decisions and take such actions on the blank space in this section.

The Fourth Article will document whether the Principal wishes the Attorney(s)-in-Fact to submit Accounting as per the minimum requirements listed on Minnesota Statutes, Section 523.21 or whether more in-depth accounting reports will be required.

If the Principal only requires an Accounting from the Attorney(s)-in-Fact upon request and the minimum requirements described in “Minnesota Statutes, Section 523.21” then place an “X” on the blank space corresponding to the first statement. If the Principal wishes more frequent reports, in addition to that required by Minnesota Statutes, Section 523.21, then place an “X” in front of the second statement choice. Then, indicate if this will be a Monthly, Quarterly, or Annual Report on the first blank space in this choice and where such Accounting Reports should be submitted on space labeled “Name And Address”

Next, we will need to solidify the Principal’s intentions here. This may only be done through a Principal’s Signature whose execution should be verified through Notarization.

The Principal will need to enter the Date he or she signs this form by entering it in the “In Witness Whereof…” statement.  The Principal will finalize this document by signing the “Signature of Principal” line.

Below the words “State of Minnesota,” the Notary Public will verify the Date, the Principal, then supply the verifying credentials. Next, we will need the “Specimen Signatures of Attorney(s)-in-Fact. This must be carried out on the blank lines after the words “By signing below, I acknowledge…” each Attorney-in-Fact must read this statement then sign the blank lines in the column below the words “Notarization Not Required.” More space will be available below the lines “Specimen Signature of Attorney(s)-in-Fact)” To the left of this, under the words “This Instrument Was Drafted By,” the Preparer of this paperwork should self-identify by entering his or her Full Name.

Make sure the section “Important Notice To The Principal” has been read and initialed by the Principal. Additionally, make sure the Attorney(s)-in-Fact have read the “Important Notice To The Attorney(s)-in-Fact” section.


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