Minnesota Real Estate Power of Attorney Form is a legal and binding document that allows the principal to select an agent to take over the care, sale, refinancing, rent or leasing duties of their real property, some or all as if the principal is present. The agent should be someone that the principal trusts. Regardless, this document provides the safeguards needed to ensure that the agent remains within legal guidelines. Once the document has been completed, the form will require signatures of two witnesses and a notary public. It is worth noting that this paperwork may be revoked at any time, by delivery of written notice to the agent and/or by creating a new power of attorney, which will render the current document legally invalid.

Laws – § 523.24

How to Write

1 – You Should Download The Minnesota Form On This Page

Locate the image on this page previewing the form, then click one of the buttons below it. This will open the form in the filetype labeled on the button you clicked. If you want to work onscreen entering information with your computer then, make sure you have the appropriate software to fill out and edit the file type you chose.

2 – The Designation Statement At The Start Of This Form Must Be Filled Out

The first paragraph will seek some definitions to apply to this document. The first of which will be the Principal appointing his or her Authority to the Attorney-in-Fact. Enter the Principal’s Full Legal Name on the first blank line.  Then, on the second blank line, record the Principal’s Street Address. Next, enter the City where the Principal’s Street Address is located. 

The State where the Principal’s Residential Address is physically located should be recorded on the blank space after the words “State Of.”     Now, you will need to use the blank line between the words “…Hereby Appoint” and the label “Full Name,” to record the identity of the Attorney-in-Fact being delegated Principal Power. Utilize the next three blank lines to record the Residential Street Address (Building Number/Street/Unit Number), City, and State where the Attorney-in-Fact maintains his or her Residence.

3 – The Determined Powers In This Form Will Be Appointed With The Principal’s Initials

In the section labeled “Assignment Of Authority,” the Principal will solidify which Powers of Attorney will be granted to the Attorney-in-Fact. This will be a basic list of four items where the Principal should read each paragraph. After going through the list, the Principal should supply his or her initials then mark the check box corresponding to the Power Definition that should be included (in this Powers Delegation). Each Power Definition will require the Physical Address of the Property and the Legal Description of the Property the Attorney-in-Fact may utilize Principal Authority with. Any paragraphs not bearing the Principal’s Initials and Marked CheckBox will contain definitions that will be excluded from what the Attorney-in-Fact may do.

If the Attorney-in-Fact will be able to Sell Real Estate on behalf of the Principal then we must tend to the first section, “Sale of Real Estate.” First, supply the Physical Address and Legal Description of the Principal Property concerned on the first and second blank lines in this paragraph (respectively). After this information is recorded, the Principal must mark the checkbox then, initial the blank line preceding this item. If the Attorney-in-Fact is intended to Purchase Real Estate on behalf of the Principal, then we must enter the Physical Address the Attorney-in-Fact may act upon on the blank line after the words “…located at” and its Legal Description on the blank line after the words “…legal description of.” Once this task is complete the Principal must review the information presented then Initial the blank space just before the words “Purchase of Real Estate” and mark the checkbox to apply these Powers to Attorney-in-Fact’s Principal Powers.The Attorney-in-Fact may be granted Management Powers over the Principal’s Real Estate if we fill in the third paragraph item. Enter the Address of the Real Estate where the Attorney-in-Fact’s Principal Management Powers may be applied on the first blank line in the paragraph description then enter the Legal Description of this Property on the second blank line in this paragraph. Once these tasks are complete the Principal may mark the checkbox and initial the blank line preceding the check box to deliver these Powers to the Attorney-in-FactThe Attorney-in-Fact may also be empowered with Principal Authority regarding the Refinancing of a Property. To appoint the Principal Authority to Refinance a Property on behalf of the Principal, we must enter the Physical Address and the Legal Description of the Property the Attorney-in-Fact may utilize such Powers with on the two blank lines in this paragraph (respectively). The Principal will finalize this by initialing the blank space just before the paragraph description, “Refinancing” then, marking the checkbox.

4 – We Must Define The Durability Of The Appointment Of These Real Estate Powers

The Effective Date when this Principal Authority may first be utilized by the Attorney-in-Fact will be determined as the Date of Execution. However, how long this Principal Authority is valid and under what circumstances it remains active must be defined by Principal Initial. Three items have been provided in “Article III. Term.” The Principal must initial the blank line corresponding to the item that defines the Durability of these Powers. The Principal retains the ability to Revoke the Powers delivered here through a written revocation regardless of the choice he or she initials here.

If the Principal wishes to declare an official Date of Termination for these Powers, he or she should initial Choice “a,” marking the checkbox, and entering the Calendar Date of Termination using the blank spaces provided. The Principal may choose for these Powers to automatically terminate upon his or her incapacitated or death by initialing Choice “b” and marking the checkbox. If the Attorney-in-Fact’s Principal Power is effective until the Principal dies or issues a written revocation, the Principal will need to initial the blank line and mark the checkbox corresponding to Item “c.”

5 – Execute This Form To Place These Principal Powers In Effect

The Principal will need to sign this form to execute it. This action will automatically revoke all previous conflicting Principal Powers with its execution. Locate the section titled “Article VI. Revocation.” The Principal will need to enter the Date he or she is signing this form using the blank lines supplied in the statement beginning with “In Witness Whereof…”Below this, the Principal must sign the blank space labeled “Principal’s Signature” then print his or her Name on the next blank space. The Agent’s Signature line will need to be signed by the Attorney-in-Fact. Adjacent to this, the Attorney-in-Fact will need to Print his or her Name.

Next, each Witness observing the act of signing will need to provide a testimony that he or she watched the Principal sign this form. Two areas have been provided for this end: “Affirmation By Witness 1” and “Affirmation By Witness 2.” One Witness will need to fill out the first blank line in the testimonial with his or her Full Name. After the paragraph, the Witness, named in the paragraph, must sign and print his or her Name. Each of these sections will require a unique Witness’ Signature.

The next page, “Notary Acknowledgement” may only be satisfied by a Notary Public who is observing the signing of this form. This entity is the only one that may supply this section with its required items. The final area of this form “Acceptance By Agent,” is an acknowledgment statement that must be signed by the Attorney-in-Fact. He or she must sign the “Agent’s Signature” line then print his or her Name on the next blank space.