CHAPTER 523
POWERS OF ATTORNEY
AUTHORIZATION.523.01
COMMON LAW, PREEXISTING AND FOREIGN
POWERS OF ATTORNEY.
523.02
DEFINITIONS.523.03
PRESUMPTION OF VALID EXECUTION.523.04
RECORDING.523.05
CERTIFICATION.523.06
DURABLE POWER OF ATTORNEY.523.07
EXPIRATION DATE IN A POWER OF ATTORNEY.523.075
TERMINATION OF A DURABLE POWER.523.08
TERMINATION OF A NONDURABLE POWER OF
ATTORNEY.
523.09
MISSING PERSONS PRESUMED LIVING.523.10
REVOCATION OF A POWER.523.11
POWER OF ATTORNEY-IN-FACT TO BIND
PRINCIPAL.
523.12
MULTIPLE ATTORNEYS-IN-FACT.523.13
QUALIFICATION OF SUCCESSOR
ATTORNEY-IN-FACT IN STATUTORY SHORT
FORM POWER OF ATTORNEY.
523.131
SUCCESSOR ATTORNEY-IN-FACT NOT LIABLE
FOR ACTS OF PREDECESSOR.
523.14
CO-ATTORNEYS-IN-FACT NOT LIABLE FOR ACTS
OF EACH OTHER.
523.15
AFFIDAVIT AS PROOF OF AUTHORITY OF
ATTORNEY-IN-FACT.
523.16
AFFIDAVIT OF ATTORNEY-IN-FACT AS
CONCLUSIVE PROOF OF NONTERMINATION AND
NONREVOCATION IN REAL PROPERTY
TRANSACTIONS.
523.17
SIGNATURE OF ATTORNEY-IN-FACT AS
CONCLUSIVE PROOF OF NONTERMINATION.
523.18
THIRD PARTIES HELD HARMLESS.523.19
LIABILITY OF PARTIES REFUSING AUTHORITY
OF ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S
BEHALF.
523.20
DUTIES OF AN ATTORNEY-IN-FACT.523.21
LIABILITY OF ATTORNEY-IN-FACT FOR
IMPROPER EXECUTION OF AFFIDAVITS AND
SIGNATURE.
523.22
STATUTORY SHORT FORM OF GENERAL POWER
OF ATTORNEY; FORMAL REQUIREMENTS; JOINT
AGENTS.
523.23
ALTERNATIVE SHORT FORMS FOR GENERAL
POWER OF ATTORNEY FOR MILITARY MEMBERS
IN ACTIVE SERVICE.
523.231
CONSTRUCTION.523.24
JUDICIAL RELIEF.523.26
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 the principal,
by another, or by a mark, acknowledged by a notary public. Only powers of attorney validly created pursuant
to this section or section 523.02 are validly executed powers of attorney for the purposes of sections 523.01
to 523.24.
History: 1984 c 603 s 3; 1993 c 13 art 2 s 1
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 prior to the enactment of sections 523.01 to 523.24 if it was executed
prior to August 1, 1984; (2) the common law; or (3) the law of another state or country. A power of attorney
executed before August 1, 1992, in conformity with section 523.23 as that statute existed before that date
is a statutory short form power of attorney. A power of attorney executed on or after August 1, 1992, in
conformity with section 523.23 as it exists on or after that date is a statutory short form power of attorney.
A provision in a power of attorney that would make it a durable power of attorney under section 523.07 but
Official Publication of the State of Minnesota
Revisor of Statutes
523.02MINNESOTA STATUTES 20231
for its use of the term "disability" in place of "incapacity or incompetence" is nonetheless a durable power
of attorney.
History: 1984 c 603 s 4; 1992 c 548 s 7
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 603 s 5; 1992 c 548 s 8; 2004 c 146 art 3 s 39
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 2 s 1
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 make certifications. The certification shall state that the
certifying official has examined an original power of attorney and the copy and that the copy is a true and
correct copy of the original power of attorney.
History: 1984 c 603 s 8
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 the principal
that the authority conferred is exercisable notwithstanding the principal's later incapacity or incompetence.
History: 1984 c 603 s 9; 1986 c 444; 1992 c 548 s 9
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 2023523.02
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 proceedings for dissolution, separation, or annulment of the
principal's marriage.
History: 1984 c 603 s 10; 1992 c 548 s 11
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, upon the commencement of proceedings for dissolution,
separation, or annulment of the principal's marriage.
History: 1984 c 603 s 11; 1992 c 548 s 12
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 guardian of the principal
has the same power the principal would have if the principal were not incapacitated or incompetent to revoke,
suspend, or terminate all or any part of the power of attorney.
Subd. 2. Effect; definition of actual notice of revocation. Revocation of an executed power of attorney
is not effective as to any party unless that party has actual notice of the revocation.
As used in this chapter, "actual notice of revocation" means that a written instrument of revocation has
been received by the party. In real property transactions only, "actual notice of revocation" means that a
written instrument of revocation has been received by the party, or that a written instrument of revocation
containing the legal description of the real property has been recorded in the office of the county recorder
or filed in the office of the registrar of titles. Recorded or filed revocation is actual notice of revocation of
a power of attorney only as to any interest in real property described in the revocation and located in the
county where it is recorded.
Subd. 3. Presumptions. A written instrument of revocation that purports to be signed by the principal
named in the power of attorney is presumed to be valid. Any party receiving the written instrument of
Official Publication of the State of Minnesota
Revisor of Statutes
523.11MINNESOTA STATUTES 20233
revocation may rely on this presumption and is not liable for later refusing to accept the authority of the
attorney-in-fact.
Subd. 4. Transferee affidavit of nonrevocation. In the case of a conveyance of an interest in property,
an affidavit signed by an initial transferee of the interest of the principal stating that the initial transferee
had not received, at the time of the conveyance, a written instrument of revocation of the power of attorney,
constitutes conclusive proof as to all subsequent transferees that no written instrument of revocation was
received by the initial transferee, except as to a subsequent transferee who commits an intentional fraud.
History: 1984 c 603 s 13; 1992 c 548 s 13,14
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 guardian or conservator has been
appointed for the principal and only the guardian or conservator has the power to take relevant action, as
though the action was taken by the guardian or conservator.
History: 1984 c 603 s 14
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 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 guardian or conservator has been
appointed for the principal and only the guardian or conservator has the power to take the relevant action,
as though the action was taken by the guardian or conservator.
History: 1984 c 603 s 15
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 dies, resigns, or is unable to serve.
If the original attorneys-in-fact were required to act jointly, the attorneys-in-fact acting at any time must act
jointly. If the original attorneys-in-fact were allowed to act individually, the attorneys-in-fact acting at any
time may act individually. If attorneys-in-fact acting at any time are required to act jointly, and there is only
one remaining attorney-in-fact because of the death, resignation, or inability to serve of all other original
and successor attorneys-in-fact, the remaining attorney-in-fact may act alone.
History: 1992 c 548 s 15; 2009 c 94 art 4 s 5
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
Official Publication of the State of Minnesota
Revisor of Statutes
4MINNESOTA STATUTES 2023523.11
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.
History: 1984 c 603 s 17
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 forth
the conditions precedent to the attorney-in-fact's authority to act under the power of attorney and stating that
those conditions have occurred is conclusive proof as to any party relying on the affidavit of the occurrence
of those conditions.
Subd. 2. Attorney-in-fact for member of military. If an attorney-in-fact is exercising a power pursuant
to a power of attorney executed by a member of the military in a form prepared under section 523.231, an
affidavit executed by the attorney-in-fact setting forth the conditions precedent to the authority to act and
stating the existence of those conditions is conclusive proof as to any party relying on the affidavit of the
existence of those conditions.
History: 1984 c 603 s 18; 2009 c 94 art 4 s 6
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
)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.)
Official Publication of the State of Minnesota
Revisor of Statutes
523.17MINNESOTA STATUTES 20235
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 ................ , ...........
.............................................................................
Signature of Notary Public orNotary Stamp or Seal
Other Official
This instrument was drafted by:
...................................................................................
...................................................................................
...................................................................................
Subd. 2. Effect. An affidavit by the attorney-in-fact under subdivision 1 is conclusive proof that the
power of attorney has not terminated or been revoked, and that the powers granted extended to the property
described in the power of attorney or any attachment to it, as of the time of the exercise of the power, as to
any party relying on the affidavit except any party dealing directly with the attorney-in-fact who has actual
knowledge that the power of attorney had terminated prior to the exercise of the power or actual notice of
the revocation of the power of attorney or actual knowledge that the powers do not extend to the real property
legally described in the power of attorney, including any attachment.
Subd. 3. Real property transactions on behalf of entities. When the principal under a power of attorney
in a real property transaction is a corporation, partnership, limited liability company, or trust, the provisions
of section 507.24, subdivision 2, 508.48, or 508A.48, as appropriate, and of section 523.18 shall apply, and
an affidavit under this section shall not be required.
History: 1984 c 603 s 19; 1992 c 548 s 16; 1998 c 254 art 1 s 107; 2009 c 30 art 3 s 4
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 attorney-in-fact) the principal's attorney-in-fact" or any similar
written disclosure of the principal and attorney-in-fact relationship constitutes an attestation by the
attorney-in-fact that the attorney-in-fact did not have, at the time of signing, actual knowledge of the
Official Publication of the State of Minnesota
Revisor of Statutes
6MINNESOTA STATUTES 2023523.17
termination of the power of attorney by the death of the principal or, in the case of a power of attorney to
the spouse of the principal, by the commencement of proceedings for dissolution, separation, or annulment
of the principal's marriage, or, if the power is one which terminates upon incapacity or incompetence of the
principal, actual knowledge of the principal's incapacity or incompetence, or actual notice of the revocation
of the power of attorney, and is conclusive proof as to any party relying on the attestation that the power of
attorney had not terminated or been revoked at the time of the signature by the attorney-in-fact on behalf of
the principal except as to any party who has actual knowledge that the power of attorney had terminated
prior to the signature or actual notice of the revocation of the power of attorney.
History: 1984 c 603 s 20; 1986 c 444; 1992 c 548 s 17
523.19 THIRD PARTIES HELD HARMLESS.
Any party accepting the authority of an attorney-in-fact to exercise a power granted by a power of
attorney is not liable to the principal, to the heirs and assigns of the principal, or to any representative of the
estate of the principal if: (1) the applicable provisions of sections 523.17 and 523.18 have been satisfied;
(2) the provisions of section 523.16 have been satisfied, if applicable; (3) the party has no actual notice of
the revocation of the power of attorney prior to the transaction; (4) the party has no actual knowledge of the
death of the principal and, if the power of attorney is not a durable power of attorney, has not received actual
notice of a judicial determination that the principal is legally incapacitated or incompetent; and (5) the
duration of the power of attorney specified in the power of attorney itself, if any, has not expired. A good
faith purchaser from any party who has obtained an interest in property from an attorney-in-fact is not liable
to the principal, the heirs or assigns of the principal, or the representative of the estate of the principal.
History: 1984 c 603 s 21; 1992 c 548 s 18
523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF ATTORNEY-IN-FACT TO ACT
ON PRINCIPAL'S BEHALF.
Any party refusing to accept the authority of an attorney-in-fact to exercise a power granted by a power
of attorney which (1) is executed in conformity with section 523.23 or a form prepared under section 523.231;
(2) contains a specimen signature of the attorney-in-fact authorized to act; (3) for a power of attorney executed
on or after January 1, 2014, contains an acknowledgement that the attorney-in-fact has read and understood
the notice to the attorney-in-fact required under section 523.23; (4) with regard to the execution or delivery
of any recordable instrument relating to real property, is accompanied by affidavits that satisfy the provisions
of section 523.17; (5) with regard to any other transaction, is signed by the attorney-in-fact in a manner
conforming to section 523.18; and (6) when applicable, is accompanied by an affidavit and any other
document required by section 523.16, is liable to the principal and to the principal's heirs, assigns, and
representative of the estate of the principal in the same manner as the party would be liable had the party
refused to accept the authority of the principal to act on the principal's own behalf unless: (1) the party has
actual notice of the revocation of the power of attorney prior to the exercise of the power; (2) the duration
of the power of attorney specified in the power of attorney itself has expired; or (3) the party has actual
knowledge of the death of the principal or, if the power of attorney is not a durable power of attorney, actual
notice of a judicial determination that the principal is legally incompetent. This provision does not negate
any liability which a party would have to the principal or to the attorney-in-fact under any other form of
power of attorney under the common law or otherwise.
History: 1984 c 603 s 22; 1986 c 444; 2009 c 94 art 4 s 7; 2013 c 23 s 1
Official Publication of the State of Minnesota
Revisor of Statutes
523.20MINNESOTA STATUTES 20237
523.21 DUTIES OF AN ATTORNEY-IN-FACT.
The attorney-in-fact shall keep complete records of all transactions entered into by the attorney-in-fact
on behalf of the principal. The attorney-in-fact has no duty to render an accounting of those transactions
unless: (1) requested to do so at any time by the principal; (2) the instrument conferring the power of attorney
requires that the attorney-in-fact render accountings and specifies to whom the accounting must be delivered;
or (3) the attorney-in-fact has reimbursed the attorney-in-fact for any expenditure the attorney-in-fact has
made on behalf of the principal. A written statement that gives reasonable notice of all transactions entered
into by the attorney-in-fact on behalf of the principal is an adequate accounting. The persons entitled to
examine and copy the records of the attorney-in-fact are the principal, a person designated by the principal
in the document creating the power of attorney as the recipient of accountings required by this section, and
the guardian or conservator of the estate of the principal while the principal is living and the personal
representative of the estate of the principal after the death of the principal. The attorney-in-fact has no
affirmative duty to exercise any power conferred upon the attorney-in-fact under the power of attorney. In
exercising any power conferred by the power of attorney, the attorney-in-fact shall 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 and shall have the interests of the principal utmost in mind. The
attorney-in-fact is personally liable to any person, including the principal, who is injured by an action taken
by the attorney-in-fact in bad faith under the power of attorney or by the attorney-in-fact's failure to account
when the attorney-in-fact has a duty to account under this section.
History: 1984 c 603 s 23; 1992 c 548 s 19
523.22 LIABILITY OF ATTORNEY-IN-FACT FOR IMPROPER EXECUTION OF AFFIDAVITS
AND SIGNATURE.
Nothing in sections 523.01 to 523.24 limits any rights the principal may have against the attorney-in-fact
for any fraudulent or negligent actions in executing affidavits or signing or acting on behalf of the principal
as an attorney-in-fact. An attorney-in-fact who knowingly executes a false affidavit or, knowing that the
conditions of section 523.18 are not satisfied, signs on behalf of the principal is liable for treble the amount
of damages suffered by the principal.
History: 1984 c 603 s 24; 1992 c 548 s 20
523.23 STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL
REQUIREMENTS; JOINT AGENTS.
Subdivision 1. Form. The following form may be used to create a power of attorney, and, when used,
it must be construed in accordance with sections 523.23 and 523.24:
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)
Official Publication of the State of Minnesota
Revisor of Statutes
8MINNESOTA STATUTES 2023523.21
....................................................................................
....................................................................................
....................................................................................
SUCCESSOR ATTORNEY(S)-IN-FACTATTORNEY(S)-IN-FACT
(Optional) To act if any named attorney-in-fact
dies, resigns, or is otherwise unable to serve.
(Name and Address)
(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:
EXPIRATION DATE (Optional)... Each attorney-in-fact
..................................,.....................................may independently exercise
Year OnlyDayUse Specific Monththe powers granted.
... 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.)
Official Publication of the State of Minnesota
Revisor of Statutes
523.23MINNESOTA STATUTES 20239
real property transactions;(A)...........
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.)
tangible personal property transactions;(B)...........
bond, share, and commodity transactions;(C)...........
banking transactions;(D)...........
business operating transactions;(E)...........
insurance transactions;(F)...........
beneficiary transactions;(G)...........
gift transactions;(H)...........
fiduciary transactions;(I)...........
claims and litigation;(J)...........
family maintenance;(K)...........
benefits from military service;(L)...........
records, reports, and statements;(M)...........
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.
(N)...........
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
Official Publication of the State of Minnesota
Revisor of Statutes
10MINNESOTA STATUTES 2023523.23
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)
.............................................................................
Official Publication of the State of Minnesota
Revisor of Statutes
523.23MINNESOTA STATUTES 202311
(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)
.............................................................................
.............................................................................
Specimen Signature of Attorney(s)-in-FactThis instrument was drafted by:
(Notarization not required)
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
..........................................................................................................................................................
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
Official Publication of the State of Minnesota
Revisor of Statutes
12MINNESOTA STATUTES 2023523.23
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.
Official Publication of the State of Minnesota
Revisor of Statutes
523.23MINNESOTA STATUTES 202313
Subd. 2. Failure to check or "X" a power. Any of the powers of the form in subdivision 1 or a form
prepared under section 523.231 which is not checked or X-ed is withheld by the principal from the
attorney-in-fact unless the power of (N) of the form in subdivision 1 or a comparable provision in a form
prepared under section 523.231 is checked or X-ed.
Subd. 3. Requirements. Except for a form prepared under section 523.231, to constitute a "statutory
short form power of attorney," as this phrase is used in this chapter the wording and content of the form in
subdivision 1 must be duplicated exactly and with no modifications, parts First, Second, and Third must be
properly completed, and the signature of the principal must be acknowledged. Failure to name a successor
attorney-in-fact, to provide an expiration date, or to complete part Fourth does not invalidate the power as
a statutory short form power of attorney. A power of attorney that does not satisfy the requirements of this
subdivision or a form prepared under section 523.231, but purports to be a statutory short form power of
attorney, may constitute a common law power of attorney that incorporates by reference the definitions of
powers contained in section 523.24; however, a party refusing to accept the authority of the common law
attorney-in-fact is not liable under section 523.20.
Subd. 3a. Legal description. Use of a street address instead of a legal description under the power of
(A) in part First of the statutory short form power of attorney invalidates the power of (A) for all real property
transactions, but does not affect the powers of (B) to (M), nor does it affect the power of (N) except with
respect to real property transactions.
Subd. 4. Powers of attorney-in-fact. All powers enumerated in section 523.24 may be legally performed
by an attorney-in-fact acting on behalf of a principal.
Subd. 5. Reimbursement of attorney-in-fact. The attorney-in-fact acting under a statutory short form
power of attorney is authorized to reimburse the attorney-in-fact for expenditures the attorney-in-fact has
made on behalf of the principal even if the principal has not authorized the attorney-in-fact to receive transfers
directly under part Third. In the event a reimbursement is made, the attorney-in-fact shall render an accounting
in accordance with section 523.21.
Subd. 6. Effective date of amendments. The amendments to the form under subdivision 1 and to section
523.24, subdivision 8, that are contained in Laws 2013, chapter 23, are effective January 1, 2014, and apply
to powers of attorney executed on or after that date. These amendments do not invalidate or impair a power
of attorney executed before that date.
History: 1984 c 603 s 25; 1986 c 444; 1992 c 548 s 21-25; 1995 c 130 s 9; 1998 c 254 art 1 s 107;
2009 c 94 art 4 s 8,9; 2013 c 23 s 2,3
523.231 ALTERNATIVE SHORT FORMS FOR GENERAL POWER OF ATTORNEY FOR
MILITARY MEMBERS IN ACTIVE SERVICE.
The commissioner of military affairs may prepare alternative short forms for a general power of attorney
for military members in active service, as defined in section 190.05. A form prepared by the commissioner
is an alternative to the statutory short form in section 523.23.
History: 2009 c 94 art 4 s 10
523.24 CONSTRUCTION.
Subdivision 1. Real property transactions. In a statutory short form power of attorney, the language
conferring general authority with respect to real estate transactions, means that the principal authorizes the
attorney-in-fact:
Official Publication of the State of Minnesota
Revisor of Statutes
14MINNESOTA STATUTES 2023523.23
(1) to accept as a gift, or as security for a loan, to reject, to demand, to buy, to lease, to receive, or
otherwise to acquire either ownership or possession of any estate or interest in real property;
(2) to sell, exchange, convey either with or without covenants, quitclaim, release, surrender, mortgage,
encumber, partition or consent the partitioning, plat or consent platting, grant options concerning, lease or
sublet, or otherwise to dispose of, any estate or interest in real property;
(3) to release in whole or in part, assign the whole or a part of, satisfy in whole or in part, and enforce
by action, proceeding or otherwise, any mortgage, encumbrance, lien, or other claim to real property which
exists, or is claimed to exist, in favor of the principal;
(4) to do any act of management or of conservation with respect to any estate or interest in real property
owned, or claimed to be owned, by the principal, including by way of illustration, but not of restriction,
power to insure against any casualty, liability, or loss, to obtain or regain possession or protect such estate
or interest by action, proceeding or otherwise, to pay, compromise or contest taxes or assessments, to apply
for and receive refunds in connection therewith, to purchase supplies, hire assistance or labor, and make
repairs or alterations in the structures or lands;
(5) to use in any way, develop, modify, alter, replace, remove, erect, or install structures or other
improvements upon any real property in which the principal has, or claims to have, any estate or interest;
(6) to demand, receive, obtain by action, proceeding, or otherwise, any money, or other thing of value
to which the principal is, or may become, or may claim to be entitled as the proceeds of an interest in real
property or of one or more of the transactions enumerated in this subdivision, to conserve, invest, disburse,
or utilize anything so received for purposes enumerated in this subdivision, and to reimburse the
attorney-in-fact for any expenditures properly made by the attorney-in-fact in the execution of the powers
conferred on the attorney-in-fact by the statutory short form power of attorney;
(7) to participate in any reorganization with respect to real property and receive and hold any shares of
stock or instrument of similar character received in accordance with a plan of reorganization, and to act with
respect to the shares, including, by way of illustration but not of restriction, power to sell or otherwise to
dispose of the shares, or any of them, to exercise or sell any option, conversion or similar right with respect
to the shares, and to vote on the shares in person or by the granting of a proxy;
(8) to agree and contract, in any manner, and with any person and on any terms, which the attorney-in-fact
may select, for the accomplishment of any of the purposes enumerated in this subdivision, and to perform,
rescind, reform, release, or modify such an agreement or contract or any other similar agreement or contract
made by or on behalf of the principal;
(9) to execute, acknowledge, seal, and deliver any deed, revocation, mortgage, lease, notice, check, or
other instrument which the attorney-in-fact deems useful for the accomplishment of any of the purposes
enumerated in this subdivision;
(10) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to, any claim existing in favor of, or against, the principal based on or involving any real estate transaction
or to intervene in any action or proceeding relating to the claim;
(11) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant or
assistants when the attorney-in-fact deems that action to be desirable for the proper execution of any of the
powers described in this subdivision, and for the keeping of needed records; and
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202315
(12) in general, and in addition to all the specific acts in this subdivision, to do any other act with respect
to any estate or interest in real property.
All powers described in this subdivision are exercisable equally with respect to any estate or interest in
real property owned by the principal at the giving of the power of attorney or acquired after that time, and
whether located in the state of Minnesota or elsewhere except when a legal description of certain real property
is included in the statutory short form power of attorney, in which case the powers described in this subdivision
are exercisable only with respect to the estate or interest owned by the principal in the property described
in the form.
Subd. 2. Tangible personal property transactions. In a statutory short form power of attorney, the
language conferring general authority with respect to tangible personal property transactions, means that
the principal authorizes the attorney-in-fact:
(1) to accept as a gift, or as security for a loan, reject, demand, buy, receive, or otherwise to acquire
either ownership or possession of any tangible personal property or any interest in tangible personal property;
(2) to sell, exchange, convey either with or without covenants, release, surrender, mortgage, encumber,
pledge, hypothecate, pawn, grant options concerning, lease or sublet to others, or otherwise to dispose of
any tangible personal property or any interest in any tangible personal property;
(3) to release in whole or in part, assign the whole or a part of, satisfy in whole or in part, and enforce
by action, proceeding or otherwise, any mortgage, encumbrance, lien, or other claim, which exists, or is
claimed to exist, in favor of the principal, with respect to any tangible personal property or any interest in
tangible personal property;
(4) to do any act of management or of conservation, with respect to any tangible personal property or
to any interest in any tangible personal property owned, or claimed to be owned, by the principal, including
by way of illustration, but not of restriction, power to insure against any casualty, liability, or loss, to obtain
or regain possession, or protect the tangible personal property or interest in any tangible personal property,
by action, proceeding, or otherwise, to pay, compromise, or contest taxes or assessments, to apply for and
receive refunds in connection with taxes or assessments, move from place to place, store for hire or on a
gratuitous bailment, use, alter, and make repairs or alterations of any tangible personal property, or interest
in any tangible personal property;
(5) to demand, receive, or obtain by action, proceeding, or otherwise any money or other thing of value
to which the principal is, or may become, or may claim to be entitled as the proceeds of any tangible personal
property or of any interest in any tangible personal property, or of one or more of the transactions enumerated
in this subdivision, to conserve, invest, disburse or utilize anything so received for purposes enumerated in
this subdivision, and to reimburse the attorney-in-fact for any expenditures properly made by the
attorney-in-fact in the execution of the powers conferred on the attorney-in-fact by the statutory short form
power of attorney;
(6) to agree and contract in any manner and with any person and on any terms which the attorney-in-fact
may select, for the accomplishment of any of the purposes enumerated in this subdivision, and to perform,
rescind, reform, release, or modify any agreement or contract or any other similar agreement or contract
made by or on behalf of the principal;
(7) to execute, acknowledge, seal, and deliver any conveyance, mortgage, lease, notice, check, or other
instrument which the attorney-in-fact deems useful for the accomplishment of any of the purposes enumerated
in this subdivision;
Official Publication of the State of Minnesota
Revisor of Statutes
16MINNESOTA STATUTES 2023523.24
(8) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to any claim existing in favor of or against the principal based on or involving any tangible personal property
transaction or to intervene in any action or proceeding relating to such a claim;
(9) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision, and for the keeping of needed records; and
(10) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts with
respect to any tangible personal property or interest in any tangible personal property.
All powers described in this subdivision are exercisable equally with respect to any tangible personal
property or interest in any tangible personal property owned by the principal at the giving of the power of
attorney or acquired after that time, and whether located in the state of Minnesota or elsewhere.
Subd. 3. Bond, share, and commodity transactions. In a statutory short form power of attorney, the
language conferring general authority with respect to bond, share, and commodity transactions means that
the principal authorizes the attorney-in-fact:
(1) to accept as a gift or as security for a loan, reject, demand, buy, receive, or otherwise to acquire either
ownership or possession of any bond, share, instrument of similar character, commodity interest, or any
instrument with respect to the bond, share, or interest, together with the interest, dividends, proceeds, or
other distributions connected with any of those instruments;
(2) to sell or sell short and to exchange, transfer either with or without a guaranty, release, surrender,
hypothecate, pledge, grant options concerning, loan, trade in, or otherwise to dispose of any bond, share,
instrument of similar character, commodity interest, or any instrument with respect to the bond, share, or
interest;
(3) to release in whole or in part, assign the whole or a part of, satisfy in whole or in part, and enforce
by action, proceeding or otherwise, any pledge, encumbrance, lien, or other claim as to any bond, share,
instrument of similar character, commodity interest or any interest with respect to the bond, share, or interest,
when the pledge, encumbrance, lien, or other claim is owned, or claimed to be owned, by the principal;
(4) to do any act of management or of conservation with respect to any bond, share, instrument of similar
character, commodity interest or any instrument with respect thereto, owned or claimed to be owned by the
principal or in which the principal has or claims to have an interest, including by way of illustration but not
of restriction, power to insure against any casualty, liability, or loss, to obtain or regain possession or protect
the principal's interest therein by action, proceeding or otherwise, to pay, compromise or contest taxes or
assessments, to apply for and receive refunds in connection with taxes or assessments, to consent to and
participate in any reorganization, recapitalization, liquidation, merger, consolidation, sale or lease, or other
change in or revival of a corporation or other association, or in the financial structure of any corporation or
other association, or in the priorities, voting rights, or other special rights with respect to the corporation or
association, to become a depositor with any protective, reorganization, or similar committee of the bond,
share, other instrument of similar character, commodity interest, or any instrument with respect to the bond,
share, or interest, belonging to the principal, to make any payments reasonably incident to the foregoing, to
exercise or sell any option, conversion, or similar right, to vote in person or by the granting of a proxy with
or without the power of substitution, either discretionary, general or otherwise, for the accomplishment of
any of the purposes enumerated in this subdivision;
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202317
(5) to carry in the name of a nominee selected by the attorney-in-fact any evidence of the ownership of
any bond, share, other instrument of similar character, commodity interest, or instrument with respect to the
bond, share, or interest, belonging to the principal;
(6) to employ, in any way believed to be desirable by the attorney-in-fact, any bond, share, other
instrument of similar character, commodity interest, or any instrument with respect to the bond, share, or
interest, in which the principal has or claims to have any interest, for the protection or continued operation
of any speculative or margin transaction personally begun or personally guaranteed, in whole or in part, by
the principal;
(7) to demand, receive, or obtain by action, proceeding or otherwise, any money or other thing of value
to which the principal is, or may become, or may claim to be entitled as the proceeds of any interest in a
bond, share, other instrument of similar character, commodity interest, or any instrument with respect to the
bond, share, or interest, or of one or more of the transactions enumerated in this subdivision, to conserve,
invest, disburse, or utilize anything so received for purposes enumerated in this subdivision, and to reimburse
the attorney-in-fact for any expenditures properly made by the attorney-in-fact in the execution of the powers
conferred on the attorney-in-fact by the statutory short form power of attorney;
(8) to agree and contract, in any manner, with any broker or other person, and on any terms which the
attorney-in-fact selects, for the accomplishment of any of the purposes enumerated in this subdivision, and
to perform, rescind, reform, release, or modify the agreement or contract or any other similar agreement
made by or on behalf of the principal;
(9) to execute, acknowledge, seal, and deliver any consent, agreement, authorization, assignment,
revocation, notice, waiver of notice, check, or other instrument which the attorney-in-fact deems useful for
the accomplishment of any of the purposes enumerated in this subdivision;
(10) to execute, acknowledge, and file any report or certificate required by law or governmental regulation;
(11) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to, any claim existing in favor of or against the principal based on or involving any bond, share, or commodity
transaction or to intervene in any related action or proceeding;
(12) to hire, discharge, and compensate any attorney, accountant, expert witness or other assistant or
assistants when the attorney-in-fact deems that action to be desirable for the proper execution of any of the
powers described in this subdivision, and for the keeping of needed records; and
(13) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts with
respect to any interest in any bond, share, other instrument of similar character, commodity, or instrument
with respect to a commodity.
All powers described in this subdivision are exercisable equally with respect to any interest in any bond,
share or other instrument of similar character, commodity, or instrument with respect to a commodity owned
by the principal at the giving of the power of attorney or acquired after that time, whether located in the
state of Minnesota or elsewhere.
Subd. 4. Banking transactions. In a statutory short form power of attorney, the language conferring
general authority with respect to banking transactions, means that the principal authorizes the attorney-in-fact:
(1) to continue, modify, and terminate any deposit account or other banking arrangement made by or
on behalf of the principal prior to the execution of the power of attorney;
Official Publication of the State of Minnesota
Revisor of Statutes
18MINNESOTA STATUTES 2023523.24
(2) to open in the name of the principal alone, or in a way that clearly evidences the principal and
attorney-in-fact relationship, a deposit account of any type with any bank, trust company, savings association,
credit union, thrift company, brokerage firm, or other institution which serves as a depository for funds
selected by the attorney-in-fact, to hire safe deposit box or vault space and to make other contracts for the
procuring of other services made available by the banking institution as the attorney-in-fact deems desirable;
(3) to make, sign, and deliver checks or drafts for any purpose, to withdraw by check, order, or otherwise
any funds or property of the principal deposited with or left in the custody of any banking institution, wherever
located, either before or after the execution of the power of attorney;
(4) to prepare any necessary financial statements of the assets and liabilities or income and expenses of
the principal for submission to any banking institution;
(5) to receive statements, vouchers, notices, or other documents from any banking institution and to act
with respect to them;
(6) to enter at any time any safe deposit box or vault which the principal could enter if personally present;
(7) to borrow money at any interest rate the attorney-in-fact selects, to pledge as security any assets of
the principal the attorney-in-fact deems desirable or necessary for borrowing, to pay, renew, or extend the
time of payment of any debt of the principal;
(8) to make, assign, draw, endorse, discount, guarantee, and negotiate, all promissory notes, bills of
exchange, checks, drafts, or other negotiable or nonnegotiable paper of the principal, or payable to the
principal or the principal's order, to receive the cash or other proceeds of any of those transactions, to accept
any bill of exchange or draft drawn by any person upon the principal, and to pay it when due;
(9) to receive for the principal and to deal in and to deal with any sight draft, warehouse receipt, or other
negotiable or nonnegotiable instrument in which the principal has or claims to have an interest;
(10) to apply for and to receive letters of credit from any banking institution selected by the
attorney-in-fact, giving indemnity or other agreement in connection with the letters of credit which the
attorney-in-fact deems desirable or necessary;
(11) to consent to an extension in the time of payment with respect to any commercial paper or any
banking transaction in which the principal has an interest or by which the principal is, or might be, affected
in any way;
(12) to demand, receive, obtain by action, proceeding, or otherwise any money or other thing of value
to which the principal is, or may become, or may claim to be entitled as the proceeds of any banking
transaction, and to reimburse the attorney-in-fact for any expenditures properly made in the execution of
the powers conferred upon the attorney-in-fact by the statutory short form power of attorney;
(13) to execute, acknowledge, and deliver any instrument of any kind, in the name of the principal or
otherwise, which the attorney-in-fact deems useful for the accomplishment of any of the purposes enumerated
in this subdivision;
(14) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to any claim existing in favor of or against the principal based on or involving any banking transaction or
to intervene in any related action or proceeding;
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202319
(15) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution of any of the powers described
in this subdivision, and for the keeping of needed records; and
(16) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts in
connection with any banking transaction which does or might in any way affect the financial or other interests
of the principal.
All powers described in this subdivision are exercisable equally with respect to any banking transaction
engaged in by the principal at the giving of the power of attorney or engaged in after that time, and whether
conducted in the state of Minnesota or elsewhere.
Subd. 5. Business operating transactions. In a statutory short form power of attorney, the language
conferring general authority with respect to business operating transactions, means that the principal authorizes
the attorney-in-fact:
(1) to discharge and perform any duty or liability and also to exercise any right, power, privilege, or
option which the principal has, or claims to have, under any partnership agreement whether the principal is
a general or limited partner, to enforce the terms of a partnership agreement for the protection of the principal,
by action, proceeding, or otherwise, as the attorney-in-fact deems desirable or necessary, and to defend,
submit to arbitration, settle, or compromise any action or other legal proceeding to which the principal is a
party because of membership in the partnership;
(2) to exercise in person or by proxy or to enforce by action, proceeding, or otherwise, any right, power,
privilege, or option which the principal has as the holder of any bond, share, or other instrument of similar
character and to defend, submit to arbitration, settle or compromise any action or other legal proceeding to
which the principal is a party because of a bond, share, or other instrument of similar character;
(3) with respect to any business enterprise which is owned solely by the principal:
(a) to continue, modify, renegotiate, extend, and terminate any contractual arrangements made with any
person or entity, firm, association, or corporation by or on behalf of the principal with respect to the business
enterprise prior to the granting of the power of attorney;
(b) to determine the policy of the business enterprise as to the location of the site or sites to be used for
its operation, the nature and extent of the business to be undertaken by it, the methods of manufacturing,
selling, merchandising, financing, accounting, and advertising to be employed in its operation, the amount
and types of insurance to be carried, the mode of securing, compensating, and dealing with accountants,
attorneys, servants, and other agents and employees required for its operation, and to agree and to contract
in any manner, with any person, and on any terms which the attorney-in-fact deems desirable or necessary
for effectuating any or all of the decisions of the attorney-in-fact as to policy, and to perform, rescind, reform,
release, or modify the agreement or contract or any other similar agreement or contract made by or on behalf
of the principal;
(c) to change the name or form of organization under which the business enterprise is operated and to
enter into a partnership agreement with other persons or to organize a corporation to take over the operation
of the business or any part of the business, as the attorney-in-fact deems desirable or necessary;
(d) to demand and receive all money which is or may become due to the principal or which may be
claimed by or for the principal in the operation of the business enterprise, and to control and disburse the
funds in the operation of the enterprise in any way which the attorney-in-fact deems desirable or necessary,
Official Publication of the State of Minnesota
Revisor of Statutes
20MINNESOTA STATUTES 2023523.24
and to engage in any banking transactions which the attorney-in-fact deems desirable or necessary for
effectuating the execution of any of the powers of the attorney-in-fact described in clauses (a) to (d);
(4) to prepare, sign, file, and deliver all reports, compilations of information, returns, or other papers
with respect to any business operating transaction of the principal, which are required by any governmental
agency, department, or instrumentality or which the attorney-in-fact deems desirable or necessary for any
purpose, and to make any related payments;
(5) to pay, compromise, or contest taxes or assessments and to do any act or acts which the attorney-in-fact
deems desirable or necessary to protect the principal from illegal or unnecessary taxation, fines, penalties,
or assessments in connection with the principal's business operations, including power to attempt to recover,
in any manner permitted by law, sums paid before or after the execution of the power of attorney as taxes,
fines, penalties, or assessments;
(6) to demand, receive, obtain by action, proceeding, or otherwise, any money or other thing of value
to which the principal is, may become, or may claim to be entitled as the proceeds of any business operation
of the principal, to conserve, to invest, to disburse, or to use anything so received for purposes enumerated
in this subdivision, and to reimburse the attorney-in-fact for any expenditures properly made by the
attorney-in-fact in the execution of the powers conferred upon the attorney-in-fact by the statutory short
form power of attorney;
(7) to execute, acknowledge, seal, and deliver any deed, assignment, mortgage, lease, notice, consent,
agreement, authorization, check, or other instrument which the attorney-in-fact deems useful for the
accomplishment of any of the purposes enumerated in this subdivision;
(8) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to, any claim existing in favor of, or against, the principal based on or involving any business operating
transaction or to intervene in any related action or proceeding;
(9) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision, and for the keeping of needed records; and
(10) in general, and in addition to all the specific acts listed in this subdivision, to do any other act which
the attorney-in-fact deems desirable or necessary for the furtherance or protection of the interests of the
principal in any business.
All powers described in this subdivision are exercisable equally with respect to any business in which
the principal is interested at the time of giving of the power of attorney or in which the principal becomes
interested after that time, and whether operated in the state of Minnesota or elsewhere.
Subd. 6. Insurance transactions. In a statutory short form power of attorney, the language conferring
general authority with respect to insurance transactions, means that the principal authorizes the attorney-in-fact:
(1) to continue, pay the premium or assessment on, modify, rescind, release, or terminate any contract
of life, accident, health, or disability insurance or for the provision of health care services, or any combination
of these contracts procured by or on behalf of the principal prior to the granting of the power of attorney
which insures either the principal or any other person, without regard to whether the principal is or is not a
beneficiary under the contract;
(2) to procure new, different, or additional contracts of life, accident, health, or disability insurance for
the principal or for provision of health care services for the principal, to select the amount, the type of
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202321
insurance and the mode of payment under each contract, to pay the premium or assessment on, modify,
rescind, release or terminate, any contract so procured by the attorney-in-fact, and to designate the beneficiary
of the contract, provided, however, that the attorney-in-fact cannot be named a beneficiary except, if permitted
under subdivision 8, the attorney-in-fact can be named the beneficiary of death benefit proceeds under an
insurance contract, or, if the attorney-in-fact was named as a beneficiary under the contract which was
procured by the principal prior to the granting of the power of attorney, then the attorney-in-fact can continue
to be named as the beneficiary under the contract or under any extension or renewal of or substitute for the
contract;
(3) to apply for and receive any available loan on the security of the contract of insurance, whether for
the payment of a premium or for the procuring of cash, to surrender and then to receive the cash surrender
value, to exercise any election as to beneficiary or mode of payment, to change the manner of paying
premiums, to change or convert the type of insurance contract, with respect to any contract of life, accident,
health, disability, or liability insurance as to which the principal has, or claims to have, any one or more of
the powers described in this subdivision and to change the beneficiary of the contract of insurance, provided,
however, that the attorney-in-fact cannot be a new beneficiary except, if permitted under subdivision 8, the
attorney-in-fact can be the beneficiary of death benefit proceeds under an insurance contract, or, if the
attorney-in-fact was named as a beneficiary under the contract which was procured by the principal prior
to the granting of the power of attorney, then the attorney-in-fact can continue to be named as the beneficiary
under the contract or under any extension or renewal of or substitute for the contract;
(4) to demand, receive, obtain by action, proceeding, or otherwise, any money, dividend, or other thing
of value to which the principal is, or may become, or may claim to be entitled as the proceeds of any contract
of insurance or of one or more of the transactions enumerated in this subdivision, to conserve, invest, disburse,
or utilize anything so received for purposes enumerated in this subdivision, and to reimburse the
attorney-in-fact for any expenditures properly made by the attorney-in-fact in the execution of the powers
conferred on the attorney-in-fact by the statutory short form power of attorney;
(5) to apply for and procure any available governmental aid in the guaranteeing or paying of premiums
of any contract of insurance on the life of the principal;
(6) to sell, assign, hypothecate, borrow upon, or pledge the interest of the principal in any contract of
insurance;
(7) to pay from any proceeds or otherwise, compromise, or contest, and to apply for refunds in connection
with, any tax or assessment levied by a taxing authority with respect to any contract of insurance or the
proceeds of the refunds or liability accruing by reason of the tax or assessment;
(8) to agree and contract in any manner, with any person, and on any terms which the attorney-in-fact
selects for the accomplishment of any of the purposes enumerated in this subdivision, and to perform, rescind,
reform, release, or modify the agreement or contract;
(9) to execute, acknowledge, seal, and deliver any consent, demand, request, application, agreement,
indemnity, authorization, assignment, pledge, notice, check, receipt, waiver, or other instrument which the
attorney-in-fact deems useful for the accomplishment of any of the purposes enumerated in this subdivision;
(10) to continue, procure, pay the premium or assessment on, modify, rescind, release, terminate, or
otherwise deal with any contract of insurance, other than those enumerated in clause (1) or (2), whether fire,
marine, burglary, compensation, liability, hurricane, casualty, or other type, or any combination of insurance,
to do any act or acts with respect to the contract or with respect to its proceeds or enforcement which the
attorney-in-fact deems desirable or necessary for the promotion or protection of the interests of the principal;
Official Publication of the State of Minnesota
Revisor of Statutes
22MINNESOTA STATUTES 2023523.24
(11) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to any claim existing in favor of or against the principal based on or involving any insurance transaction or
to intervene in any related action or proceeding;
(12) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistants
when the attorney-in-fact deems the action to be desirable for the proper execution by the attorney-in-fact
of any of the powers described in this subdivision and for the keeping of needed records; and
(13) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts in
connection with procuring, supervising, managing, modifying, enforcing, and terminating contracts of
insurance or for the provisions of health care services in which the principal is the insured or is otherwise
in any way interested.
All powers described in this subdivision are exercisable with respect to any contract of insurance or for
the provision of health care service in which the principal is in any way interested, whether made in the state
of Minnesota or elsewhere.
Subd. 7. Beneficiary transactions. In the statutory short form power of attorney, the language conferring
general authority with respect to beneficiary transactions, means that the principal authorizes the
attorney-in-fact:
(1) to represent and act for the principal in all ways and in all matters affecting any trust, probate estate,
guardianship, conservatorship, escrow, custodianship, qualified benefit plan, nonqualified benefit plan,
individual retirement asset, or other fund out of which the principal is entitled, or claims to be entitled, as a
beneficiary or participant, to some share or payment, including, but not limited to the following:
(a) to accept, reject, disclaim, receive, receipt for, sell, assign, release, pledge, exchange, or consent to
a reduction in or modification of any share in or payment from the fund;
(b) to demand or obtain by action, proceeding, or otherwise any money or other thing of value to which
the principal is, may become, or may claim to be entitled by reason of the fund, to initiate, to participate in,
and to oppose any proceeding, judicial, or otherwise, for the ascertainment of the meaning, validity, or effect
of any deed, declaration of trust, or other transaction affecting in any way the interest of the principal, to
initiate, participate in, and oppose any proceeding, judicial or otherwise, for the removal, substitution, or
surcharge of a fiduciary, to conserve, invest, disburse, or use anything so received for purposes listed in this
subdivision, and to reimburse the attorney-in-fact for any expenditures properly made by the attorney-in-fact
in the execution of the powers conferred on the attorney-in-fact by the statutory short form power of attorney;
(c) to prepare, sign, file, and deliver all reports, compilations of information, returns, or papers with
respect to any interest had or claimed by or on behalf of the principal in the fund, to pay, compromise, or
contest, and apply for and receive refunds in connection with, any tax or assessment, with respect to any
interest had or claimed by or on behalf of the principal in the fund or with respect to any property in which
an interest is had or claimed;
(d) to agree and contract in any manner, with any person, and on any terms the attorney-in-fact selects,
for the accomplishment of the purposes listed in this subdivision, and to perform, rescind, reform, release,
or modify the agreement or contract or any other similar agreement or contract made by or on behalf of the
principal;
(e) to execute, acknowledge, verify, seal, file, and deliver any deed, assignment, mortgage, lease, consent,
designation, pleading, notice, demand, election, conveyance, release, assignment, check, pledge, waiver,
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202323
admission of service, notice of appearance, or other instrument which the attorney-in-fact deems useful for
the accomplishment of any of the purposes enumerated in this subdivision;
(f) to submit to arbitration or settle and propose or accept a compromise with respect to any controversy
or claim which affects the administration of the fund, in any one of which the principal has, or claims to
have, an interest, and to do any and all acts which the attorney-in-fact deems to be desirable or necessary in
effectuating the compromise;
(g) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant, when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision, and for the keeping of needed records;
(h) to transfer any part or all of any interest which the principal may have in any interests in real estate,
stocks, bonds, bank accounts, insurance, and any other assets of any kind and nature, to the trustee of any
revocable trust created by the principal as grantor.
For the purposes of clauses (a) to (h), "the fund" means any trust, probate estate, guardianship,
conservatorship, escrow, custodianship, qualified benefit plan, nonqualified benefit plan, individual retirement
asset, or other fund in which the principal has or claims to have an interest.
(2) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts with
respect to the administration of a trust, probate estate, guardianship, conservatorship, escrow, custodianship,
qualified benefit plan, nonqualified benefit plan, individual retirement asset, or other fund, in which the
principal has, or claims to have, an interest as a beneficiary or participant.
All powers described in this subdivision are exercisable equally with respect to the administration or
disposition of any trust, probate estate, guardianship, conservatorship, escrow, custodianship, qualified
benefit plan, nonqualified benefit plan, individual retirement asset, or other fund in which the principal is
interested at the giving of the power of attorney or becomes interested after that time, as a beneficiary or
participant, and whether located in the state of Minnesota or elsewhere.
Subd. 8. Gift transactions. In the statutory short form power of attorney, the language conferring general
authority with respect to gift transactions, means that the principal authorizes the attorney-in-fact:
(1) to make gifts to organizations, whether charitable or otherwise, to which the principal has made gifts,
and to satisfy pledges made to organizations by the principal;
(2) to make gifts on behalf of the principal to the principal's spouse, children, and other descendants or
the spouse of any child or other descendant, and, if authorized by the principal in part Third, to the
attorney-in-fact, either outright or in trust, for purposes which the attorney-in-fact deems to be in the best
interest of the principal, specifically including minimization of income, estate, inheritance, or gift taxes,
provided that, notwithstanding that the principal in part Third may have authorized the attorney-in-fact to
transfer the principal's property to the attorney-in-fact, no attorney-in-fact nor anyone the attorney-in-fact
has a legal obligation to support may be the recipient of any gifts in any one calendar year which, in the
aggregate, exceed the federal annual gift tax exclusion amount in the year of the gift;
(3) to prepare, execute, consent to on behalf of the principal, and file any return, report, declaration, or
other document required by the laws of the United States, any state or subdivision of a state, or any foreign
government, which the attorney-in-fact deems to be desirable or necessary with respect to any gift made
under the authority of this subdivision;
Official Publication of the State of Minnesota
Revisor of Statutes
24MINNESOTA STATUTES 2023523.24
(4) to execute, acknowledge, seal, and deliver any deed, assignment, agreement, authorization, check,
or other instrument which the attorney-in-fact deems useful for the accomplishment of any of the purposes
enumerated in this subdivision;
(5) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to any claim existing in favor of or against the principal based on or involving any gift transaction or to
intervene in any related action or proceeding;
(6) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision, and for the keeping of needed records; and
(7) in general, and in addition to but not in contravention of all the specific acts listed in this subdivision,
to do any other acts which the attorney-in-fact deems desirable or necessary to complete any gift on behalf
of the principal.
All powers described in this subdivision are exercisable equally with respect to a gift of any property
in which the principal is interested at the giving of the power of attorney or becomes interested after that
time, and whether located in the state of Minnesota or elsewhere.
Subd. 9. Fiduciary transactions. In a statutory short form power of attorney, the language conferring
general authority with respect to fiduciary transactions, means that the principal authorizes the agent:
(1) to represent and act for the principal in all ways and in all matters affecting any fund with respect
to which the principal is a fiduciary;
(2) to initiate, participate in, and oppose any proceeding, judicial or otherwise, for the removal,
substitution, or surcharge of a fiduciary, to conserve, to invest or to disburse anything received for the
purposes of the fund for which it is received, and to reimburse the attorney-in-fact for any expenditures
properly made by the attorney-in-fact in the execution of the powers conferred on the attorney-in-fact by
the statutory short form power of attorney;
(3) to agree and contract, in any manner, with any person, and on any terms which the attorney-in-fact
selects for the accomplishment of the purposes enumerated in this subdivision, and to perform, rescind,
reform, release, or modify the agreement or contract or any other similar agreement or contract made by or
on behalf of the principal;
(4) to execute, acknowledge, verify, seal, file, and deliver any consent, designation, pleading, notice,
demand, election, conveyance, release, assignment, check, pledge, waiver, admission of service, notice of
appearance, or other instrument which the attorney-in-fact deems useful for the accomplishment of any of
the purposes enumerated in this subdivision;
(5) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistants, when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision, and for the keeping of needed records; and
(6) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts with
respect to a fund of which the principal is a fiduciary.
Nothing in this subdivision authorizes delegation of any power of a fiduciary unless the power is one
the fiduciary is authorized to delegate under the terms of the instrument governing the exercise of the power
or under local law.
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202325
For the purposes of clauses (1) to (6), "fund" means any trust, probate estate, guardianship,
conservatorship, escrow, custodianship, or any other fund in which the principal has, or claims to have, an
interest as a fiduciary.
All powers described in this subdivision are exercisable equally with respect to any fund of which the
principal is a fiduciary prior to the giving of the power of attorney or becomes a fiduciary after that time,
and whether located in the state of Minnesota or elsewhere.
Subd. 10. Claims and litigation. In a statutory short form power of attorney, the language conferring
general authority with respect to claims and litigation, means that the principal authorizes the attorney-in-fact:
(1) to assert and prosecute before any court, administrative board, department, commissioner, or other
tribunal, any cause of action, claim, counterclaim, offset, or defense, which the principal has, or claims to
have, against any individual, partnership, association, corporation, government, or other person or
instrumentality, including, by way of illustration and not of restriction, power to sue for the recovery of land
or of any other thing of value, for the recovery of damages sustained by the principal in any manner, for the
elimination or modification of tax liability, for an injunction, for specific performance, or for any other
relief;
(2) to bring an action of interpleader or other action to determine adverse claims, to intervene or interplead
in any action or proceeding, and to act in any litigation as amicus curiae;
(3) in connection with any action or proceeding or controversy at law or otherwise, to apply for and, if
possible, procure a libel, an attachment, a garnishment, an order of arrest, or other preliminary, provisional,
or intermediate relief and to resort to and to utilize in all ways permitted by law any available procedure for
the effectuation or satisfaction of the judgment, order, or decree obtained;
(4) in connection with any action or proceeding, at law or otherwise, to perform any act which the
principal might perform, including by way of illustration and not of restriction, acceptance of tender, offer
of judgment, admission of any facts, submission of any controversy on an agreed statement of facts, consent
to examination before trial, and generally to bind the principal in the conduct of any litigation or controversy
as seems desirable to the attorney-in-fact;
(5) to submit to arbitration, settle, and propose or accept a compromise with respect to any claim existing
in favor of or against the principal or any litigation to which the principal is, may become, or may be
designated a party;
(6) to waive the issuance and service of a summons, citation, or other process upon the principal, accept
service of process, appear for the principal, designate persons upon whom process directed to the principal
may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, appeal to
appellate tribunals, procure and give surety and indemnity bonds at the times and to the extent the
attorney-in-fact deems desirable or necessary, contract and pay for the preparation and printing of records
and briefs, receive and execute and file or deliver any consent, waiver, release, confession of judgment,
satisfaction of judgment, notice, agreement, or other instrument which the attorney-in-fact deems desirable
or necessary in connection with the prosecution, settlement, or defense of any claim by or against the principal
or of any litigation to which the principal is or may become or be designated a party;
(7) to appear for, represent, and act for the principal with respect to bankruptcy or insolvency proceedings,
whether voluntary or involuntary, whether of the principal or of some other person, with respect to any
reorganization proceeding, or with respect to any receivership or application for the appointment of a receiver
Official Publication of the State of Minnesota
Revisor of Statutes
26MINNESOTA STATUTES 2023523.24
or trustee which, in any way, affects any interest of the principal in any real property, bond, share, commodity
interest, tangible personal property, or other thing of value;
(8) to hire, discharge, and compensate any attorney, accountant, expert witness or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution of any of the powers described
in this subdivision;
(9) to pay, from funds in the control of the attorney-in-fact or for the account of the principal, any
judgment against the principal or any settlement which may be made in connection with any transaction
enumerated in this subdivision, and to receive and conserve any money or other things of value paid in
settlement of or as proceeds of one or more of the transactions enumerated in this subdivision, and to receive,
endorse, and deposit checks; and
(10) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts in
connection with any claim by or against the principal or with litigation to which the principal is or may
become or be designated a party.
All powers described in this subdivision are exercisable equally with respect to any claim or litigation
existing at the giving of the power of attorney or arising after that time, and whether arising in the state of
Minnesota or elsewhere.
Subd. 11. Family maintenance. In a statutory short form power of attorney, the language conferring
general authority with respect to family maintenance, means that the principal authorizes the attorney-in-fact:
(1) to do all acts necessary for maintaining the customary standard of living of the spouse and children,
and other persons customarily supported by the principal, including by way of illustration and not by way
of restriction, power to provide living quarters by purchase, lease, or other contract, or by payment of the
operating costs, including interest, amortization payments, repairs, and taxes of premises owned by the
principal and occupied by the principal's family or dependents, to provide normal domestic help for the
operation of the household, to provide usual vacations and usual travel expenses, to provide usual educational
facilities, and to provide funds for all the current living costs of the spouse, children, and other dependents,
including, among other things, shelter, clothing, food, and incidentals;
(2) to pay for necessary medical, dental, and surgical care, hospitalization, and custodial care for the
spouse, children, and other dependents of the principal;
(3) to continue whatever provision has been made by the principal, either prior to or after the execution
of the power of attorney, for the principal's spouse and other persons customarily supported by the principal,
with respect to automobiles, or other means of transportation, including by way of illustration but not by
way of restriction, power to license, insure, and replace any automobiles owned by the principal and
customarily used by the spouse, children, or other persons customarily supported by the principal;
(4) to continue whatever charge accounts have been operated by the principal prior to the execution of
the power of attorney or thereafter for the convenience of the principal's spouse, children, or other persons
customarily supported by the principal, to open new accounts the attorney-in-fact deems to be desirable for
the accomplishment of any of the purposes enumerated in this subdivision, and to pay the items charged on
those accounts by any person authorized or permitted by the principal to make charges prior to the execution
of the power of attorney;
(5) to continue payments incidental to the membership or affiliation of the principal in any church, club,
society, order, or other organization or to continue contributions to those organizations;
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202327
(6) to demand, receive, obtain by action, proceeding, or otherwise any money or other thing of value to
which the principal is or may become or may claim to be entitled as salary, wages, commission, or other
remuneration for services performed, or as a dividend or distribution upon any stock, or as interest or principal
upon any indebtedness, or any periodic distribution of profits from any partnership or business in which the
principal has or claims an interest, and to endorse, collect, or otherwise realize upon any instrument for the
payment received;
(7) to use any asset of the principal for the performance of the powers enumerated in this subdivision,
including by way of illustration and not by way of restriction, power to draw money by check or otherwise
from any bank deposit of the principal, to sell any interest in real property, bond, share, commodity interest,
tangible personal property, or other asset of the principal, to borrow money and pledge as security for a loan,
any asset, including insurance, which belongs to the principal;
(8) to execute, acknowledge, verify, seal, file, and deliver any application, consent, petition, notice,
release, waiver, agreement, or other instrument which the attorney-in-fact deems useful for the accomplishment
of any of the purposes enumerated in this subdivision;
(9) to hire, discharge, and compensate any attorney, accountant, or other assistant when the attorney-in-fact
deems that action to be desirable for the proper execution by any of the powers described in this subdivision,
and for the keeping of needed records; and
(10) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts for
the welfare of the spouse, children, or other persons customarily supported by the principal or for the
preservation and maintenance of the other personal relationships of the principal to parents, relatives, friends,
and organizations as are appropriate.
All powers described in this subdivision are exercisable equally whether the acts required for their
execution relate to real or personal property owned by the principal at the giving of the power of attorney
or acquired after that time and whether those acts are performable in the state of Minnesota or elsewhere.
Subd. 12. Benefits from military service. In a statutory short form power of attorney, the language
conferring general authority with respect to benefits from military service, means that the principal authorizes
the attorney-in-fact:
(1) to execute vouchers in the name of the principal for any and all allowances and reimbursements
payable by the United States or by any state or subdivision of a state to the principal, including, by way of
illustration and not of restriction, all allowances and reimbursements for transportation of the principal and
of the principal's dependents, and for shipment of household effects, to receive, endorse, and collect the
proceeds of any check payable to the order of the principal drawn on the treasurer or other fiscal officer or
depository of the United States or of any state or subdivision of a state;
(2) to take possession and order the removal and shipment of any property of the principal from any
post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, to
execute and deliver any release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument
which the attorney-in-fact deems desirable or necessary for that purpose;
(3) to prepare, file, and prosecute the claim of the principal to any benefit or assistance, financial or
otherwise, to which the principal is, or claims to be, entitled, under the provisions of any statute or regulation
existing at the execution of the power of attorney or enacted after that time by the United States or by any
state or by any subdivision of a state, or by any foreign government, which benefit or assistance arises from
or is based upon military service performed prior to or after the execution of the power of attorney by the
Official Publication of the State of Minnesota
Revisor of Statutes
28MINNESOTA STATUTES 2023523.24
principal or by any person related by blood or marriage to the principal, to execute any receipt or other
instrument which the attorney-in-fact deems desirable or necessary for the enforcement or for the collection
of that claim;
(4) to receive the financial proceeds of any claim of the type described in this subdivision, to conserve,
invest, disburse, or use anything so received for purposes enumerated in this subdivision, and to reimburse
the attorney-in-fact for any expenditures properly made in the execution of the powers conferred on the
attorney-in-fact by the statutory short form power of attorney;
(5) to prosecute, defend, submit to arbitration, settle, and propose or accept a compromise with respect
to any claim existing in favor of or against the principal based on or involving any benefits from military
service or to intervene in any related action or proceeding;
(6) to hire, discharge, and compensate any attorney, accountant, expert witness, or other assistant when
the attorney-in-fact deems that action to be desirable for the proper execution by the attorney-in-fact of any
of the powers described in this subdivision; and
(7) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts which
the attorney-in-fact deems desirable or necessary, to assure to the principal, and to the dependents of the
principal, the maximum possible benefit from the military service performed prior to or after the execution
of the power of attorney by the principal or by any person related by blood or marriage to the principal.
All powers described in this subdivision are exercisable equally with respect to any benefits from military
service existing at the giving of the power of attorney or accruing after that time, and whether accruing in
the state of Minnesota or elsewhere.
Subd. 13. Records, reports, and statements. In a statutory short form power of attorney, the language
conferring general authority with respect to records, reports, and statements means that the principal authorizes
the attorney-in-fact:
(1) to keep records of all cash received and disbursed for or on account of the principal, of all credits
and debits to the account of the principal, and of all transactions affecting in any way the assets and liabilities
of the principal;
(2) to prepare, execute, and file all tax and tax information returns, for all periods, required by the laws
of the United States, any state or any subdivision of a state, or any foreign government, to prepare, execute,
and file all other tax-related documents for all tax periods, including requests for extension of time, offers,
waivers, consents, powers of attorney, closing agreements, and petitions to any Tax Court regarding tax
matters, and to prepare, execute, and file all other instruments which the attorney-in-fact deems desirable
or necessary for the safeguarding of the principal against excessive or illegal taxation or against penalties
imposed for claimed violation of any law or other governmental regulation, it being the intent of this provision
that it is sufficiently definite to permit the attorney-in-fact to represent the principal respecting all taxes that
the principal has paid and all tax returns that the principal has filed, either personally or through an agent,
with the Internal Revenue Service or any other agency of the United States government, any state department
of revenue, any political subdivision of a state, and any foreign country or political subdivision of a foreign
country;
(3) to prepare, execute, and file any return, report, declaration, or other document required by the laws
of the United States, any state, subdivision of a state, or any foreign government, including, by way of
illustration and not as a limitation, any report or declaration required by the Social Security Administration,
the commissioner of employment and economic development or other, similar, governmental agency, which
Official Publication of the State of Minnesota
Revisor of Statutes
523.24MINNESOTA STATUTES 202329
the attorney-in-fact deems to be desirable or necessary for the safeguarding or maintenance of the principal's
interest;
(4) to prepare, execute, and file any record, report, or statement which the attorney-in-fact deems desirable
or necessary for the safeguarding or maintenance of the principal's interest, with respect to price, rent, wage,
or rationing control, or other governmental activity;
(5) to hire, discharge, and compensate any attorney, accountant, or other assistant when the attorney-in-fact
deems that action to be desirable for the proper execution of any of the powers described in this subdivision;
and
(6) in general, and in addition to all the specific acts listed in this subdivision, to do any other acts in
connection with the preparation, execution, filing, storage, or other use of any records, reports, or statements
of or concerning the principal's affairs.
All powers described in this subdivision are exercisable equally with respect to any records, reports, or
statements of or concerning the affairs of the principal existing at the giving of the power of attorney or
arising after that time, and whether arising in the state of Minnesota or elsewhere.
Subd. 14. All other matters. In a statutory short form power of attorney, the language conferring general
authority with respect to all other matters, means that the principal authorizes the attorney-in-fact to act as
an alter ego of the principal with respect to any and all possible matters affecting the affairs of the principal
which are not enumerated in subdivisions 1 to 13, and which the principal can do through an agent. The
language conferring general authority does not include any powers to make health care decisions for the
principal.
History: 1984 c 603 s 26; 1Sp1985 c 14 art 9 s 75; 1986 c 444; 1992 c 548 s 26-29; 1994 c 483 s 1;
1995 c 130 s 10; 1995 c 202 art 1 s 25; 2004 c 206 s 52; 2007 c 13 art 1 s 16; 2013 c 23 s 4,5
523.25 [Repealed, 1992 c 548 s 30]
523.26 JUDICIAL RELIEF.
(a) The principal or any interested person, as defined in section 524.5-102, subdivision 7, may petition
the court for a protective order directing an attorney-in-fact to provide an accounting, on a schedule directed
by a court, or for any other relief as provided in sections 524.5-401 to 524.5-502. The principal or a person
named by the principal in the power of attorney to receive accountings is entitled to recover reasonable
attorney fees and costs if the court finds that the attorney-in-fact failed to render an accounting to the principal
or any person named by the principal in the power of attorney form to receive accountings after the duty to
render an accounting arose.
(b) This section is effective August 1, 2013, and applies to powers of attorney executed before, on, or
after that date.
History: 2013 c 23 s 6
Official Publication of the State of Minnesota
Revisor of Statutes
30MINNESOTA STATUTES 2023523.24