Power Of Attorney requirements in Minnesota
- You must be at least 18 years old and of sound mind to create a power of attorney.
- Choose an agent (also called an attorney-in-fact) who is at least 18 and trustworthy.
- The POA document must be in writing and signed by you (the principal).
- For a durable power of attorney (which stays in effect if you become incapacitated), it must be notarized.
- If you want a medical power of attorney (health care directive), it also needs to be notarized or signed by two witnesses.
- For real estate transactions, the POA must be recorded in the county where the property is located.
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Create your power of attorneyHow to create a Power Of Attorney in Minnesota, step by step
- Decide on the type of POA you need: durable, medical, or springing (effective only upon incapacity).
- Pick a trusted person as your agent and discuss your wishes with them.
- Get a Minnesota power of attorney form that meets the state's legal requirements.
- Fill out the form, including your agent's full legal name and address, and specify the powers you're granting.
- Sign the document in the presence of a notary public, who will also sign and stamp it.
- Give copies to your agent, your attorney, and anyone else who might need it, like your bank or doctor.
Cost considerations
You can create a power of attorney Minnesota yourself using free or low-cost forms. If you use an online service or hire a lawyer, costs range from $50 to $500 depending on complexity. Notarization fees are minimal, typically $5 to $10 per signature in Minnesota.
Before You Begin: Minnesota POA Checklist
Creating a power of attorney in Minnesota requires careful preparation to ensure it's valid and effective. Use this checklist to gather what you need and avoid common errors.
- Decide the type: Minnesota recognizes general, limited, durable, and health care powers of attorney; ensure yours explicitly states it is durable if you want it to remain effective if you become incapacitated.
- Have your full legal name, address, and date of birth ready, plus the agent's full name and contact info; you may appoint multiple agents and must decide if they act jointly or separately.
- Your agent must be at least 18 and mentally competent; you cannot name a health care agent who is your health care provider or their employee unless they are a relative.
- Gather two impartial witnesses (not the agent or notary) and a notary public; in Minnesota, all POAs must be signed in front of a notary, and witnesses are required for health care POAs and recommended for all.
- Notarize the document: Minnesota requires notarization for a durable POA to be recognized for real estate transactions, so plan to sign before a notary.
- File with the county recorder if your POA will be used for real estate—this must be done in the county where the property is located; otherwise, no filing is required.
Common questions
What is a durable power of attorney in Minnesota?
A durable power of attorney remains in effect even if you become incapacitated. In Minnesota, it must be notarized to be durable.
Do I need a lawyer to make a power of attorney in Minnesota?
No, you don't need a lawyer. As long as the document meets state requirements and is properly signed and notarized, it's valid. However, complex situations might benefit from legal advice.
How do I revoke a power of attorney in Minnesota?
To revoke a POA, you must inform your agent in writing and, if it was recorded, record the revocation in the same county. Destroying the original document also helps prevent misuse.
Can my agent make medical decisions for me?
Yes, if you create a medical power of attorney (often part of a health care directive). It gives your agent authority to make health care decisions when you can't.