Laws Regarding a Minnesota Power of AttorneyA written Minnesota power of attorney is the best way to protect your assets if you become unable to speak or act for yourself. You may need a non-durable power of attorney to allow someone to pay your bills during an extended sabbatical. Or, you might want to be protected against debt collectors if you become unable to pay your bills due to illness or injury. Either way, creating a legal power of attorney is the best way to protect yourself and your family.
Drafting a Power of Attorney
In Minnesota, power of attorney agreements must be in writing. Make sure you list the date/dates the POA will be in effect. Durable power of attorney forms go into effect if you become incapacitated making them handy if you only want someone handling your matters during physical or mental health issues.
When you draft your Minnesota power of attorney, you must be a legal adult (age 18 or older) and mentally fit. Say you create the power of attorney while intoxicated or mentally unfit, someone could contest your POA later in court. This would delay your attorney in fact from taking any action until the matter was resolved.
Revoking a Power of Attorney
You can later revoke the Minnesota power of attorney by notifying the attorney in fact via certified mail. Make sure you send a copy of the letter to any third party who dealt with the agent too. It's best to use the mail system for proof in case there are arguments down the road. In addition, shred old power of attorney forms to prevent confusion.
If your spouse is your attorney in fact, his/her power of attorney status ends immediately. Divorce or separation instantly revokes any power of attorney between spouses.
Death also automatically revokes a power of attorney form.
Minnesota Power of Attorney Forms
To make things simple, the State of Minnesota has forms available online that you can print out. They also offer a revocation form making it easy to revoke power of attorney permission at any time.
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