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Power of Attorney in Minnesota: Requirements, the Statutory Short Form, and How to Get One
A Minnesota power of attorney is notarized, and it only survives your parent's incapacity if it says so. Here is what Minnesota Statutes chapter 523 requires.
By naveen · Updated · How we research our guides
What to know
- Minnesota's statutory short form must be dated, signed by your parent and acknowledged before a notary; the sections we read don't call for witnesses (Minn. Stat. 523.01, 523.23).
- Durability isn't automatic: a Minnesota power of attorney lasts through incapacity only if it says so, and the statutory form makes your parent choose.
- Before acting, the agent must sign the form acknowledging the notice to agents; a bank that refuses a complete statutory form can be liable to your parent.
- The form says it "DOES NOT GRANT ANY POWERS TO MAKE HEALTH CARE DECISIONS"; that takes a health care directive under chapter 145C.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
A power of attorney in Minnesota is a written document, dated and signed by your parent as a competent adult, that names an agent; the statutory short form also requires a notary's acknowledgment (Minn. Stat. 523.01, 523.23). Under 523.01, it "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." The statutory short form goes further: to count as that form, "the signature of the principal must be acknowledged." The Minnesota Attorney General's office puts it plainly: a power of attorney "must be in writing, signed in front of a notary, dated, and clear on what powers are being granted."
What is a durable power of attorney in Minnesota?
A durable power of attorney in Minnesota is one that says it keeps working after your parent becomes incapacitated (Minn. Stat. 523.07). The law is chapter 523 of the Minnesota Statutes, which calls the agent an attorney-in-fact. A competent adult can "designate another person or an authorized corporation as the person's attorney-in-fact by a written power of attorney." Your parent is the principal. The Revisor's table of statutes affected by session laws shows no changes to chapter 523 in the 2024, 2025 or 2026 sessions.
Durability isn't automatic in Minnesota. Under Minn. Stat. 523.07, 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 similar words showing that intent. Without that, a nondurable power of attorney ends on "the incapacity or incompetence of the principal." For the reasons to set one up early, see our guide to power of attorney for an elderly parent.
What does Minnesota require for a power of attorney to be valid?
Minnesota requires a written power of attorney, dated and signed by your parent, and the statutory short form adds a notary's acknowledgment of your parent's signature and a durability choice.
| Step | What the law says | Why it matters |
|---|---|---|
| Dated and signed | Signed by your parent, or for them by another person or by a mark | Required by 523.01 |
| Notary | The statutory short form requires the principal's signature to be acknowledged | Needed for the statutory form, for bank-acceptance protection and for recording |
| Durability statement | Must say it continues through incapacity | Otherwise it ends when your parent loses capacity (523.07, 523.09) |
| Agent's acknowledgment | Agent signs the notice before acting | Needed for bank-acceptance protection on forms signed since 2014 (523.20) |
The statutory form ends with a notary acknowledgment for your parent and has no witness lines. The agent's acknowledgment and specimen signature are marked "(Notarization not required)."
Is there an official Minnesota power of attorney form?
Yes. Minn. Stat. 523.23 sets out the "STATUTORY SHORT FORM POWER OF ATTORNEY," and the Minnesota Attorney General's office posts it as a free PDF. To qualify as the statutory form, "the wording and content of the form in subdivision 1 must be duplicated exactly and with no modifications," and parts First, Second and Third must be completed.
How the form works:
- Part First: your parent checks each power to grant, from real property and banking to claims and litigation, or checks (N) for all of them. An unchecked power is withheld unless (N) is checked.
- Part Second: your parent must choose whether the power of attorney "shall continue to be effective if I become incapacitated or incompetent."
- Part Third: the agent can't make gifts to themselves or anyone they support unless your parent checks that option and writes in the agent's name. Even then, gifts to them in a year can't exceed "the federal annual gift tax exclusion amount in the year of the gift."
- Part Fourth (optional): whether the agent must give regular accountings.
One detail in Part First affects real estate. For real property, the form says "(Use legal description. Do not use street address.)" Using a street address "invalidates the power of (A) for all real property transactions."
When does it take effect, and when does it end?
A Minnesota power of attorney can work from signing or start later, and a durable one ends at your parent's death, a stated expiration date, or the start of divorce proceedings when the agent is the spouse (523.07, 523.08). For a later start, one of the statute's examples of durable language is "This power of attorney shall become effective upon the incapacity or incompetence of the principal." The sections we read don't set a procedure, such as a physician's certificate, for deciding when that has happened. An optional expiration date "must be stated in terms of a specific month, day, and year."
Under Minn. Stat. 523.08, a durable power of attorney ends at your parent's death, at a stated expiration date, or, if the agent is your parent's spouse, "upon the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage." That's the start of the case, not the final decree. A court-appointed conservator or guardian has the same power your parent would have to revoke or suspend it.
What does the agent have to do?
Under Minn. Stat. 523.21, "The attorney-in-fact shall keep complete records of all transactions entered into by the attorney-in-fact on behalf of the principal." The agent must use the care of "an ordinarily prudent person of discretion and intelligence" and "shall have the interests of the principal utmost in mind."
The agent only has to account when your parent asks, when the document requires it, or after reimbursing themself. "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." Your parent or any interested person can ask a court to order an accounting (523.26). The Attorney General's office warns of "an uptick in recent years of financial fraud by agents"; our guide to protecting a parent from scams covers the warning signs.
Do banks have to accept a Minnesota power of attorney?
Not by a deadline, but a party that refuses a properly completed statutory short form can be liable to your parent. Under Minn. Stat. 523.20, a party that refuses an agent acting under a properly completed statutory short form, with the agent's specimen signature and, for forms signed on or after January 1, 2014, the agent's signed acknowledgment of the notice, is liable to your parent as if it had refused your parent personally. Exceptions include actual notice of revocation, expiration, or knowledge of your parent's death.
The sections we read set no number of days to respond. A document that doesn't meet the statutory form's requirements may still work as a common law power of attorney, but a party refusing it "is not liable under section 523.20." The Attorney General's office adds that some banks have their own forms, and completing them "may make it easier for an agent to work with certain organizations."
Does a Minnesota power of attorney need to be recorded?
When the agent signs a deed or other recordable document, yes. Under Minn. Stat. 523.05, the power of attorney is recordable when authenticated under Minn. Stat. 507.24, which requires any "power of attorney, or other instrument affecting real estate" to be "acknowledged by the parties executing the same, and the acknowledgment certified." The agent can also sign a statutory affidavit that the power hasn't been revoked or terminated (523.17).
How do you get a power of attorney for an elderly parent in Minnesota?
Your parent makes it, by dating and signing a power of attorney, such as the statutory short form, before a notary while a competent adult. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed them.
- Choose a document: the statutory short form, or one drafted for your parent's situation.
- Your parent reads and initials the notice to the principal, checks the powers they want to grant, and decides on durability and gifts.
- Your parent dates and signs it before a notary.
- The agent reads the notice to agents and signs the acknowledgment before acting; keep the original somewhere safe.
Timing matters because your parent has to be a competent adult when they sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. If the situation is complicated, it helps to know what an elder law attorney does.
How do you revoke a power of attorney in Minnesota?
Under Minn. Stat. 523.11, a power of attorney "may be revoked only by a written instrument of revocation signed by the principal," notarized if someone else signs for your parent or they sign by mark. It isn't effective against anyone until they have "actual notice," meaning they've received the written revocation. For real estate, a recorded revocation with the legal description also counts in that county.
So a dated written revocation sent to the agent and to every bank holding a copy leaves a clear record.
How much does a power of attorney cost in Minnesota?
The statutory short form costs nothing: it is printed in the law and posted free by the Attorney General's office. Notary fees are capped by Minn. Stat. 357.17; the Minnesota Secretary of State tells notaries, "You may charge up to $5 for most notarial acts," and points to section 357.17 for exceptions.
Chapter 523 does not set a fee for an attorney who drafts one.
Frequently asked questions
Does a power of attorney need to be notarized in Minnesota?
Yes, for the statutory short form. Minn. Stat. 523.01 names a notary for signatures made on your parent's behalf or by mark, the statutory short form requires your parent's signature to be acknowledged, and recording for real estate requires acknowledgment. The Attorney General's office says a power of attorney must be signed in front of a notary. The sections we read don't require witnesses.
Is a Minnesota power of attorney durable?
Only if it says so. Under Minn. Stat. 523.07, it's durable if it contains language such as "This power of attorney shall not be affected by incapacity or incompetence of the principal." The statutory short form makes your parent check one of two choices in Part Second. A nondurable power of attorney ends when your parent becomes incapacitated.
Where can I get a Minnesota power of attorney form?
The Statutory Short Form Power of Attorney is printed in Minn. Stat. 523.23, and the Minnesota Attorney General's office posts it as a free PDF. To count as the statutory form, its wording must be copied exactly. A document drafted for your parent's situation can also work, though a bank's liability for refusing it applies only to the statutory form.
Can a Minnesota power of attorney make medical decisions?
No. The statutory form says it "DOES NOT GRANT ANY POWERS TO MAKE HEALTH CARE DECISIONS FOR YOU," and its catch-all power (N) excludes health care decisions under a health care directive. Minnesota uses a separate health care directive under chapter 145C; see our Minnesota health care directive guide.
What if my elderly parent can no longer sign?
Someone else can sign on your parent's behalf, or your parent can sign by mark, with a notary acknowledging it, but your parent still has to be a competent adult who wants the document. If they can no longer make that decision, a court guardianship or conservatorship may be the remaining route.
Is a power of attorney from another state valid in Minnesota?
Yes, if it was validly created under the other state's law. Minn. Stat. 523.02 treats a written power of attorney as validly executed if it is validly created under "the law of another state or country." For real estate, Minn. Stat. 507.24 accepts an out-of-state document executed under the law of the place where it was signed.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Minnesota it has to say it lasts through incapacity. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Minnesota Statutes chapter 523, Powers of Attorney: execution (523.01), out-of-state powers (523.02), durability (523.07), termination (523.08, 523.09), revocation (523.11), acceptance (523.20), duties (523.21) and the statutory short form (523.23, 523.24); published by the Office of the Revisor of Statutes.
- Minnesota Statutes 507.24: recording a power of attorney for real estate.
- Minnesota Attorney General, Financial Powers of Attorney: plain-language guidance.
- Minnesota Attorney General, Statutory Short Form Power of Attorney: the form.
- Minnesota Statutes 357.17: maximum notary fees.
- Minnesota Secretary of State, Notary Commission Guide: what notaries may charge.
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