Minnesota Statutory Short Form Power of Attorney (Updated 2019)

MINNESOTA STATUTORY SHORT FORM POWER OF ATTORNEY

MINNESOTA STATUTES, SECTION 523.23

Before completing and signing this form, the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL that appears after the signature lines in this form. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this form acknowledging having read and understood the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT that appears after the notice to the principal.

PRINCIPAL (Name and Address of Person Granting the Power)

 ____________________________________________________

 ____________________________________________________

 ____________________________________________________

ATTORNEYS(S)-IN-FACT                                    SUCCESSOR ATTORNEY(S)-IN-FACT

(Name and Address)                                             (Optional) To act if any named attorney-in-fact

                                                                              dies, resigns, or is otherwise unable to serve.

                                                                              (Name and Address)

 __________________________________          First Successor _____________________

 __________________________________          __________________________________

 __________________________________          __________________________________

 __________________________________          Second Successor___________________

 __________________________________          __________________________________

 __________________________________          __________________________________

NOTICE:  If more than one attorney-in-fact is designated to act at the same time, make a check or "x" on the line in front of one of the following statements:

____     Each attorney-in-fact may                       EXPIRATION DATE (Optional)

 independently exercise                           _______________________, _________

             the powers granted.                                Use Specific Month Day Year Only

____     All attorneys-in-fact must jointly 

 exercise the powers granted.

I, (the above-named Principal) hereby appoint the above named Attorney(s)-in-Fact to act as my attorney(s)-in-fact: 

FIRST:  To act for me in any way that I could act with respect to the following matters, as each of them is defined in Minnesota Statutes, section 523.24: 

(To grant to the attorney-in-fact any of the following powers, make a check or "x" on the line in front of each power being granted.  You may, but need not, cross out each power not granted. Failure to make a check or "x" on the line in front of the power will have the effect of deleting the power unless the line in front of the power of (N) is checked or x-ed.)

____     (A) real property transactions;
I choose to limit this power to real property in ____________________ County, Minnesota, described as follows:

 (Use legal description.  Do not use street address.)

 _____________________________________________________________________

 _____________________________________________________________________

 _____________________________________________________________________

 _____________________________________________________________________

 (If more space is needed, continue on the back or on an attachment.)

____     (B) tangible personal property transactions;

____     (C) bond, share, and commodity transactions;

____     (D) banking transactions;

____     (E) business operating transactions;

____     (F) insurance transactions;

____     (G) beneficiary transactions;

____     (H) gift transactions;

____     (I) fiduciary transactions;

____     (J) claims and litigation;

____     (K) family maintenance;

____     (L) benefits from military service;

____     (M) records, reports, and statements;

____     (N) all of the powers listed in (A) through (M) above and all other matters, other than health care decisions under a health care directive that complies with Minnesota Statutes, chapter 145C.

SECOND:  (You must indicate below whether or not this power of attorney will be effective if you become incapacitated or incompetent.  Make a check or "x" on the line in front of the statement that expresses your intent.)
 

____    This power of attorney shall continue to be effective if I become incapacitated or incompetent.

____    This power of attorney shall not be effective if I become incapacitated or incompetent.

THIRD:  My attorney(s)-in-fact MAY NOT make gifts to the attorney(s)-in-fact, or anyone the attorney(s)-in-fact are legally obligated to support, UNLESS I have made a check or an "x" on the line in front of the second statement below and I have written in the name(s) of the attorney(s)-in-fact. The second option allows you to limit the gifting power to only the attorney(s)-in-fact you name in the statement.

Minnesota Statutes, section 523.24, subdivision 8, clause (2), limits the annual gift(s) made to my attorney(s)-in-fact, or to anyone the attorney(s)-in-fact are legally obligated to support, to an amount, in the aggregate, that does not exceed the federal annual gift tax exclusion amount in the year of the gift.

____    I do not authorize any of my attorney(s)-in-fact to make gifts to themselves or to anyone the attorney(s)-in-fact have a legal obligation to support.
____    I authorize  (write in name(s)), as my attorney(s)-in-fact, to make gifts to themselves or to anyone the attorney(s)-in-fact have a legal obligation to support.

FOURTH:  (You may indicate below whether or not the attorney-in-fact is required to make an accounting.  Make a check or "x" on the line in front of the statement that expresses your intent.)

____    My attorney-in-fact need not render an accounting unless I request it or the accounting is otherwise required by Minnesota Statutes, section 523.21.
____    My attorney-in-fact must render____________________ (Monthly, Quarterly, Annual) accountings to me or _____________________________________________________

 _____________________________________________________ (Name and Address) during my lifetime, and a final accounting to the personal representative of my estate, if any is appointed, after my death. 

In Witness Whereof I have hereunto signed my name this ______ day of _________________, _________.

 __________________________________

(Signature of Principal)

(Acknowledgment of Principal)

STATE OF MINNESOTA         )

                                                 ) ss.

COUNTY OF _____________ )

The foregoing instrument was acknowledged before me this ______ day of _________________, _________, by __________________________________ (Insert Name of Principal).

__________________________________

(Signature of Notary Public or other Official)

Acknowledgement of notice to attorney(s)-in-fact and specimen signature of attorney(s)-in-fact. 

By signing below, I acknowledge I have read and understand the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT required by Minnesota Statutes, section 523.23, and understand and accept the scope of any limitations to the powers and duties delegated to me by this instrument.

(Notarization not required)

__________________________________

__________________________________

This instrument was                                          Specimen Signature of

drafted by:                                                         Attorney(s)-in-Fact

 __________________________________       __________________________________

__________________________________       __________________________________

__________________________________       __________________________________

__________________________________       __________________________________

IMPORTANT NOTICE TO THE PRINCIPAL

READ THIS NOTICE CAREFULLY. The power of attorney form that you will be signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is anything about this form that you do not understand, you should seek legal advice.

PURPOSE: The purpose of the power of attorney is for you, the principal, to give broad and sweeping powers to your attorney(s)-in-fact, who is the person you designate to handle your affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers you designate in this power of attorney form binds you, your heirs and assigns, and the representative of your estate in the same manner as though you took the action yourself.

POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into transactions relating to any of your real or personal property, even without your consent or any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not supervised. THIS POWER OF ATTORNEY DOES NOT GRANT ANY POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU. TO GIVE SOMEONE THOSE POWERS, YOU MUST USE A HEALTH CARE DIRECTIVE THAT COMPLIES WITH MINNESOTA STATUTES, CHAPTER 145C.

DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep complete records of all transactions entered into on your behalf. You may request that your attorney(s)-in-fact provide you or someone else that you designate a periodic accounting, which is a written statement that gives reasonable notice of all transactions entered into on your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact reimburses himself or herself for any expenditure they made on behalf of you.

An attorney-in-fact is personally liable to any person, including you, who is injured by an action taken by an attorney-in-fact in bad faith under the power of attorney or by an attorney-in-fact's failure to account when the attorney-in-fact has a duty to account under this section. The attorney(s)-in-fact must act with your interests utmost in mind.

TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers throughout your lifetime, both before and after you become incapacitated. However, a court can take away the powers of your attorney(s)-in-fact because of improper acts. You may also revoke this power of attorney if you wish. This power of attorney is automatically terminated if the power is granted to your spouse and proceedings are commenced for dissolution, legal separation, or annulment of your marriage.

This power of attorney authorizes, but does not require, the attorney(s)-in-fact to act for you. You are not required to sign this power of attorney, but it will not take effect without your signature. You should not sign this power of attorney if you do not understand everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it.

Please place your initials on the following line indicating you have read this IMPORTANT NOTICE TO THE PRINCIPAL: __________

IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT

You have been nominated by the principal to act as an attorney-in-fact. You are under no duty to exercise the authority granted by the power of attorney. However, when you do exercise any power conferred by the power of attorney, you must:

(1) act with the interests of the principal utmost in mind;

(2) exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs;

(3) render accountings as directed by the principal or whenever you reimburse yourself for expenditures made on behalf of the principal;

(4) act in good faith for the best interest of the principal, using due care, competence, and diligence;

(5) cease acting on behalf of the principal if you learn of any event that terminates this power of attorney or terminates your authority under this power of attorney, such as revocation by the principal of the power of attorney, the death of the principal, or the commencement of proceedings for dissolution, separation, or annulment of your marriage to the principal;

(6) disclose your identity as an attorney-in-fact whenever you act for the principal by signing in substantially the following manner:

      Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of the principal) by (name of the attorney-in-fact) the principal's attorney-in-fact";

(7) acknowledge you have read and understood this IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT by signing the power of attorney form. You are personally liable to any person, including the principal, who is injured by an action taken by you in bad faith under the power of attorney or by your failure to account when the duty to account has arisen. The meaning of the powers granted to you is contained in Minnesota Statutes, chapter 523. If there is anything about this document or your duties that you do not understand, you should seek legal advice.

AFFIDAVIT BY ATTORNEY IN FACT

STATE OF MINNESOTA         )
                                                 ) ss.
COUNTY OF _____________ )

__________________________________, being first duly sworn on oath says that:

1. Affiant is the Attorney-in-Fact (or agent) named in that certain Power of Attorney dated __________, . __________, and filed for record __________, __________, as Document No. __________ (or in Book __________ of __________ Page __________), in the Office of the (County Recorder) (Registrar of Titles) of ____________________ County, Minnesota, executed by __________________________________ as Grantor and Principal, relating to real property in ____________________ County, Minnesota, legally described as follows:

__________________________________
__________________________________
__________________________________
(If more space is needed, continue on back or on an attachment.

2. Affiant does not have actual knowledge and has not received actual notice of the revocation or termination of the Power of Attorney by Grantor's death, incapacity, incompetence, or otherwise, or notice of any facts indicating the same.

3. Affiant has examined the legal description(s) if any, attached to said Power of Attorney, and certifies that the description(s) has (have) not been changed, replaced, or amended subsequent to the signing of said Power of Attorney by the Principal.

__________________________________
                                                        , Affiant

Subscribed and sworn to before me this __________ day of ________________ , _________


Notary Stamp or Seal


__________________________________
Signature of Notary Public or Other Official

This instrument was drafted by:

__________________________________

__________________________________

__________________________________