Updated May 21, 2024
A Minnesota springing power of attorney is a legal document that authorizes an individual (an agent) to make important decisions for another person (the principal) in the event that the principal is disabled, incapacitated, or otherwise unable to make decisions on their own.
Permitted in Minnesota?
Signing Requirements
To be valid, a power of attorney must be dated and signed by the principal. If it is signed on behalf of the principal, the signature must be acknowledged by a notary public. Although not required in Minnesota, notarization is recommended as some institutions will only accept a notarized document.[2]
“Incapacity” Definition
“Incapacitated person” means an individual who, for reasons other than being a minor, is impaired to the extent of lacking sufficient understanding or capacity to make personal decisions, and who is unable to meet personal needs for medical care, nutrition, clothing, shelter, or safety, even with appropriate technological and supported decision making assistance.[3]