523.01 AUTHORIZATION. A person who is a competent adult may, as principal, designate another person or an authorized corporation as the person’s attorney-in-fact by a written power of attorney. The power of attorney is validly executed when it is dated and signed by the principal and, in the case of a signature on behalf of […]
523.02 COMMON LAW, PREEXISTING AND FOREIGN POWERS OF ATTORNEY. A written power of attorney is a validly executed power of attorney for the purposes of sections 523.01 to 523.24, and is subject to the provisions of sections 523.01 to 523.24, if it is validly created pursuant to: (1) the law of Minnesota as it existed […]
523.03 DEFINITIONS. As used in this chapter: (1) “incapacity” means cause for appointment of a guardian or conservator of an adult under sections 524.5-101 to 524.5-502; (2) “principal” includes a guardian or conservator appointed for the principal at any time; and (3) “power of attorney” means a validly executed power of attorney. History: 1984 c […]
523.04 PRESUMPTION OF VALID EXECUTION. A written power of attorney that is dated and purports to be signed by the principal named in it is presumed to be valid. All parties may rely on this presumption except those who have actual knowledge that the power was not validly executed. History: 1984 c 603 s 6
523.05 RECORDING. If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the power of attorney and any affidavit authorized under sections 523.01 to 523.24 when authenticated for record in conformity with section 507.24, are also recordable. History: 1984 c 603 s 7; 1993 c 13 art […]
523.06 CERTIFICATION. A certified copy of a power of attorney has the same force and effect as a power of attorney bearing the signature of the principal. A copy of a power of attorney may be certified by an official of a state or of a political subdivision of a state who is authorized to […]
523.07 DURABLE POWER OF ATTORNEY. A power of attorney is durable if it contains language such as “This power of attorney shall not be affected by incapacity or incompetence of the principal” or “This power of attorney shall become effective upon the incapacity or incompetence of the principal,” or similar words showing the intent of […]
523.075 EXPIRATION DATE IN A POWER OF ATTORNEY. In a power of attorney, an expiration date, if any, must be stated in terms of a specific month, day, and year. An expiration date stated in any other way has no effect. History: 1992 c 548 s 10
523.08 TERMINATION OF A DURABLE POWER. A durable power of attorney terminates on the earliest to occur of the death of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, upon the commencement of […]
523.09 TERMINATION OF A NONDURABLE POWER OF ATTORNEY. A nondurable power of attorney terminates on the death of the principal, the incapacity or incompetence of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, […]
523.10 MISSING PERSONS PRESUMED LIVING. For purposes of this chapter, a missing person is presumed to be living until actual proof of death or legal adjudication of death occurs. History: 1984 c 603 s 12
523.11 REVOCATION OF A POWER. Subdivision 1. Manner. An executed power of attorney may be revoked only by a written instrument of revocation signed by the principal and, in the case of a signature on behalf of the principal by another or a signature by a mark, acknowledged before a notary public. The conservator or […]
523.12 POWER OF ATTORNEY-IN-FACT TO BIND PRINCIPAL. Any action taken by the attorney-in-fact pursuant to the power of attorney binds the principal, the principal’s heirs and assigns, and the representative of the estate of the principal in the same manner as though the action was taken by the principal, and, during any time while a […]
523.13 MULTIPLE ATTORNEYS-IN-FACT. Unless it is provided to the contrary in a power of attorney which authorizes two or more attorneys-in-fact to act on behalf of a principal, any action taken by any one of the several attorneys-in-fact pursuant to the power of attorney, whether the other attorneys-in-fact consent or object to the action, binds […]
523.131 QUALIFICATION OF SUCCESSOR ATTORNEY-IN-FACT IN STATUTORY SHORT FORM POWER OF ATTORNEY. If two or more attorneys-in-fact are originally appointed and one dies, resigns, or is unable to serve, a successor attorney-in-fact named in a power of attorney executed in conformity with section 523.23 or a form prepared under section 523.231 replaces the attorney-in-fact who […]
523.14 SUCCESSOR ATTORNEY-IN-FACT NOT LIABLE FOR ACTS OF PREDECESSOR. An attorney-in-fact who is named in a power of attorney to succeed an attorney-in-fact who dies, resigns, or otherwise is unable to serve, is not liable for any action taken by the predecessor attorney-in-fact. History: 1984 c 603 s 16
523.15 CO-ATTORNEYS-IN-FACT NOT LIABLE FOR ACTS OF EACH OTHER. When two or more attorneys-in-fact are authorized to act on behalf of a principal, an attorney-in-fact who did not join in or consent to the action of one or more co-attorneys-in-fact is not liable for that action. Failure to object to an action is not consent. […]
523.16 AFFIDAVIT AS PROOF OF AUTHORITY OF ATTORNEY-IN-FACT. Subdivision 1. Multiple attorneys-in-fact. If the attorney-in-fact exercising a power pursuant to a power of attorney has authority to act as a result of the death, incompetency, or resignation of one or more attorneys-in-fact named in the power of attorney, an affidavit executed by the attorney-in-fact setting […]
523.17 AFFIDAVIT OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NONTERMINATION AND NONREVOCATION IN REAL PROPERTY TRANSACTIONS. Subdivision 1. Form of affidavit. An affidavit of nontermination or nonrevocation in support of a real property transaction may be substantially in the following form: AFFIDAVIT BY ATTORNEY IN FACT ) ss. . , Affiant . Signature of Notary Public […]
523.18 SIGNATURE OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NONTERMINATION. In the exercise of a power granted by a power of attorney, other than in a transaction relating to real property described in section 523.17, a signature by a person as “attorney-in-fact for (Name of the principal)” or “(Name of the principal) by (Name of the […]
