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Does a power of attorney need notarized1/26/2024 Power of Attorney document are presumed to be valid if they are dated, and purport to be signed by the principal named therein. Minnesota POA – Presumption of Valid Execution Minnesota has statutory provisions addressing the accommodation of a principal’s physical limitations with respect to the execution of a a Minnesota power of attorney document.Ī Minnesota licensed attorney can properly advise a principal as to how the principal can execute a Minnesota Power of Attorney document – notwithstanding the principal’s physical limitations. Minnesota POA – Physical Limitation Accommodations Providing that such signature or mark is properly acknowledged by the principal before a notary public. by means of the principal making a mark on the document in lieu of a signature,.by another person on the principal’s behalf, or.However, if the principal is physically unable to sign the power of attorney document, it can be signed: Minnesota POA – Execution RequirementsĪ Power of Attorney document will be validly executed when it is dated and signed by the principal. Legal entities, such as corporations, partnerships, limited liability companies, or trusts, can also create a Minnesota power of attorney. Surprisingly, the Minnesota power of attorney statutes do not define the term competent, although an alternate statutory term – incapacity – refers to a person’s state of being during which legal grounds exist for the appointment of a guardian or conservator for such person. Minnesota POA – Authorized PrincipalĪny competent adult may, as principal, designate:Īs the principal’s attorney-in-fact, pursuant to a written power of attorney. However, the power of attorney document may use the term disability in lieu of incapacity or incompetence in such a statement, and still be a durable Minnesota power of attorney. “ This power of attorney shall not be affected by incapacity or incompetence of the principal“. nondurable – which will terminate upon the incapacity of the principal.Ī Minnesota Power of Attorney document will be durableif it contains a provision similar to the following:.durable – which will continue to be effective even if the principal becomes incapacitated, or.In addition, power of attorney documents which are validly created pursuant to the laws of another state or country may also be recognizable in Minnesota – for some purposes.
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