Signing Requirements
The principal is required to authorize in the presence of a notary public. The agent is required to sign, but their signature does not have to be acknowledged (§ 523.01).
Definition of “Durable”
A power of attorney is durable if it contains language such as “This power of attorney shall not be affected by incapacity or incompetence of the principal” or “This power of attorney shall become effective upon the incapacity or incompetence of the principal,” or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal’s later incapacity or incompetence (523.07).
Definition of “Power of Attorney”
The Minnesota Statutes do not define “power of attorney” other than to say that the term only applies to those that are validly executed, as explained in the signing requirements (523.03.3).
Statutory Form
The Minnesota legislature has created a statutory form for a power of attorney available at § 523.23.