Statutory Short Form Power of Attorney, Minnesota Statutes, Section 523.23

This Minnesota Power of Attorney is the legal document authorizing the agent as the Attorney-in-Fact to take care the property or money of the principal.

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Education for Justice FACT SHEET S-8 Fall 2011
POWERS OF ATTORNEY
WHAT IS A POWER OF ATTORNEY?
A power of attorney is written permission for someone to take care of property or money
matters for you, in whatever way you want. In a power of attorney paper, you are called
the “principal” (person giving the power). The person who will take care of things for
you is called the “attorney-in-fact.” This person does not have to be a lawyer.
If an attorney-in-fact takes legal action in your name, it is the same as if you had done it
yourself. With a power of attorney, you can still act for yourself when you want to, but
the attorney-in-fact can also act for you. You do not lose the right to control property or
money matters, and you can revoke (take back) the power of attorney at any time.
Usually, you give a power of attorney so someone else
can sign papers about property and money matters. The
power can be limited to a certain thing, like selling a
property, or it can be very broad, such as handling all
property and money matters. It depends on what you
write on the power of attorney form.
The attorney-in-fact must keep a record of anything they
do for you. Legally, they are supposed to do things only
in your best interest.
It is important to pick someone you trust deeply. Remember they will have control of
things like your bank accounts or property.
You can list more than one attorney-in-fact. If you do, it is important to know that each
of them can do things in your name without asking permission from the other. But, you
can write on the power of attorney form that you do not want it to be that way. You can
also name a “successor attorney”. This is someone who takes over if the first one cannot
do it anymore.
HOW CAN I MAKE A POWER OF ATTORNEY?
A power of attorney must be written, dated, and signed by you in front of a notary
public. You can fill out the form at the end of this fact sheet. If you want the power to
end at a certain time, list the day, month, and year when it will end. You can also create a Power of Attorney online. Click here or go to
www.LawHelpMN.org/formhelper.
→ Click on “Health Care and Other Powers”
→ Click on “Power of Attorney”
This is a step-by-step interview that lets you print out a completed form when done.
WHO CAN HAVE A POWER OF ATTORNEY?
You must be mentally competent and able to make decisions on your own. Mentally
competent means that you are “of sound mind”. If a person is not mentally competent,
or incompetent, it is too late to make a power of attorney. In that situation, a court must
grant a guardianship or conservatorship.
For more information on these, see our fact sheet, S-7 Guardianship and
Conservatorship.
WHAT IS A DURABLE POWER OF ATTORNEY?
Durable means lasting. Normally, if you become mentally incompetent, the power of
attorney is not good any more. But you can write that you want to continue the power
even if you become incompetent. Then it is called a durable power of attorney. If you
say on it “This power of attorney shall not be affected by incapacity of the principal” it
would be a durable power of attorney. If you do become mentally incompetent, a
durable power of attorney can only be ended by a court-appointed conservator.
DO I NEED A LAWYER TO DO A POWER OF ATTORNEY?
No. But it is a good idea to use a lawyer. The courts watch over the things that
guardians or conservators do, but they do not watch over what an attorney-in-fact does.
An attorney-in-fact could take advantage of you. A lawyer can help you put things in
your power of attorney papers that limit the actions of the attorney-in-fact or make them
have to show what they do with money and property.
HOW DOES THE POWER OF ATTORNEY WORK?
Both the principal and the attorney-in-fact should have a copy of
the document. If you are giving a power to sell land, you need to
file a signed original at the county recorder’s office. If the power
deals with money matters, file a copy with the bank.
When the attorney-in-fact acts for you, they sign their own name and then write:

(their signature) As attorney-in-fact for (your name). CAN I STOP A POWER OF ATTORNEY?
Yes. A competent person can revoke (take back) a power of attorney at any time. You
must put in writing that you revoke the power of attorney, and sign and date this in front
of a notary. Send copies to the attorney-in-fact and to any person, office or bank the
attorney-in-fact dealt with for you. If you do not send out
copies of the revocation, the businesses will not know and your
attorney-in fact can still do business in your name.
You should also get the original power of attorney back.
There is a Revocation of Power of Attorney form at the end of
this fact sheet.
You can also create a Revocation of Power of Attorney online. Click here or go to
www.LawHelpMN.org/formhelper.
→ Click on “Health Care and Other Powers”
→ Click on “Power of Attorney Revocation”
This is a step-by-step interview that lets you print out a completed form when done.
Powers of attorney automatically end when the principal dies. If you give a power of
attorney to your spouse, it ends if either of you start a divorce, separation, or annulment
case.
To find other Legal Aid Society materials, including the fact sheets mentioned in this
document, go to www.lawhelpmn.org/LASMfactsheets.
Minneapolis Legal Aid – CLE
MN Legal Services Coalition
2324 University Avenue W. – Suite 101B
St. Paul, MN 55114
Don’t use this fact sheet if it is more than 1 year old.
Write us for updates, a fact sheet list, or alternate formats.
Fact Sheets aren’t a complete answer to a legal problem.
See a lawyer for advice.
© 2011 Mid-Minnesota Legal Assistance. This document may be reproduced and used for non-commercial personal and educational purposes only.
All other rights reserved. This notice must remain on all copies. Reproduction, distribution, and use for commercial purposes are strictly prohibited.STATUTORY SHORT FORM POWER OF ATTORNEY
MINNESOTA STATUTES, SECTION 523.23
IMPORTANT NOTICE: The powers granted by this document are broad and sweeping. They are
defined in Minnesota Statutes section 523.24. If you have any questions about these powers, obtain
competent advice. This power of attorney may be revoked by you if you wish to do so. This power of
attorney is automatically terminated if it is 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-in-fact to act for you.
PRINCIPAL (Name and address of person granting the power)

ATTORNEY(S)-IN-FACT SUCCESSOR ATTORNEY(S)-IN-FACT (Optional)
(Names and Addresses) 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, make a check or “x” on the line in front
of one of the following statements:
Each attorney-in-fact may independently EXPIRATION DATE (Optional)
exercise the powers granted.
Use specific month, day and year only
All attorneys-in-fact must jointly exercise
the powers granted. I (the above named Principal), appoint the above named Attorney(s)-in-fact:
FIRST: To act for me in any way I could act with respect to the following matters, as each of them is
defined in Minnesota Statutes, section 523.24:
(To grant 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 N is checked or x-ed.)
Check or “x”
(A) Real property transactions;
I choose to limit this power to real property in County, MN
described as follows: (use legal description. Do not use 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 litigations;
(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.

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 you
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: (you must mark below whether or not this power of attorney authorizes the attorney-in-fact to
transfer your property to the attorney-in-fact. Make a check or “x” on the line in front of the statement that
expresses your intent.)
This power of attorney authorizes the attorney-in-fact to transfer my property to the attorney-in-fact.
This power of attorney does not authorize the attorney-in-fact to transfer my property to the
attorney-in-fact.

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 accounting to me, or to
monthly, quarterly, annual (circle one)
(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 20
(Signature of Principal)
(Acknowledgment of Principal)
STATE OF MINNESOTA
County of
The foregoing instrument was acknowledged before me this day of
20 , by
(Insert name of principal)
Signature of Notary Public
This instrument was drafted by:
Specimen signature(s) of Attorney(s)-in-Fact:
(Notarization not required) REVOCATION OF POWER OF ATTORNEY
Minnesota Statutes, § 523.11
TO WHOM IT MAY CONCERN:
I revoke and declare null and void the

POWER OF ATTORNEY I granted to
which is dated 20
Please be advised that the above-named person no longer has power to act as my attorney-in-fact in
any way.
Date:
(Principal)

STATE OF MINNESOTA
County of

The foregoing instrument was acknowledged before me this day of 20

by

Notary Public