Free Minnesota Durable Power of Attorney Form

A Minnesota durable power of attorney is a written document under Minn. Stat. § 523.01. It lets a competent adult, the principal, name someone else, the agent or attorney-in-fact, to handle financial matters on the principal's behalf.[1] Unlike a regular power of attorney, this durable version keeps working if the principal later becomes incapacitated. It must say so in the statute’s wording, or similar words, to qualify.[2]

Last Updated: September 2026. This guide is reviewed and updated regularly to reflect current Minnesota law. If you notice an error or outdated information, please contact us.

Minnesota durable financial power of attorney form

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The principal decides how much authority to give the agent. The agent can handle anything from one task to full control over real estate, banking, business dealings, and tax matters. Because the role carries real responsibility, choose an agent you trust, and name a backup in case the first agent cannot serve.

This document covers financial and property matters only. It does not let the agent make health care decisions. Minnesota residents use a separate Minnesota POA form for that.

Minnesota Signing Requirements and Laws

State law sets specific formation and durability rules for a power of attorney under Chapter 523 of the Minnesota Statutes. The Office of the Revisor of Statutes publishes this chapter. A written power of attorney must be dated and signed by a competent adult principal, or signed on the principal's behalf. It must also be acknowledged by a notary public to be validly executed.[1] The points below cover durability, common statutory rules, and how revocation works.

  • Minn. Stat. § 523.04 presumes that a dated power of attorney which appears signed by the principal is valid. Anyone dealing with the agent can rely on that presumption unless they actually know the document was not validly executed.[5]
  • Minn. Stat. § 523.07 makes a power of attorney durable when it contains wording showing that the principal intends the agent's authority to continue after incapacity.[2] The statute gives an example of wording that qualifies:

This power of attorney shall not be affected by incapacity or incompetence of the principal.

Minn. Stat. § 523.07 [2]
  • Minn. Stat. § 523.08 ends a durable power of attorney at the earliest of the principal's death or a termination date stated in the document. It also ends if the agent is the principal's spouse and divorce, legal separation, or annulment proceedings begin.[6]

This document only covers financial and property decisions. For medical and health care choices, Minnesota residents typically use a separate health care directive to handle those instead of this form.

Ending or Revoking a Minnesota Power of Attorney

State law also controls how the document ends. If it is not durable, it terminates automatically once the principal becomes incapacitated, on top of the usual endpoints below.[3] A durable version can be revoked in writing, and the revocation only binds someone once that person actually knows about it.[4]

  • An executed power of attorney can be revoked only by a written instrument of revocation signed by the principal. It must be acknowledged before a notary public, the same way the original signing works.[4]
  • Revoking it is not effective against a party until that party has actual notice of the revocation.[4] The form itself repeats this rule for anyone who receives a copy and relies on it in good faith before learning it was revoked.
  • One that is not made durable ends automatically if the principal becomes incapacitated. It also ends at the principal's death, at an expiration date stated in the document, or, if the agent is the principal's spouse, when divorce, legal separation, or annulment proceedings begin.[3]

Minnesota Durable Power of Attorney Form Details

For more information, see the table below.

Document Name Minnesota Durable Power of Attorney Form
Other Names Minnesota Financial Durable Power of Attorney, MN DPOA
Relevant Laws Minnesota Statutes, Chapter 523
Signing Requirements Notary Public
Avg. Time to Fill Out 10 minutes
# of Fillable Fields 37
Available Formats Adobe PDF

Steps to Complete the Form

Complete the Minnesota durable power of attorney form in the order below. Each step matches a numbered part of the document, from naming your agent on page 1 through signing before a notary on page 5.

1. Name Yourself and Your Agent

Enter your full name and address as the principal, then your agent's (attorney-in-fact's) full name and address, in the appointment paragraph on page 1.

2. Initial the Powers You Grant

On page 2, initial the line next to each power you want your agent, or attorney-in-fact, to have. Initial line (N) instead if you want to grant all of them.

  • Real property, tangible personal property, stock and bond, and commodity or option transactions
  • Banking, business operating, and insurance and annuity transactions
  • Estate, trust and beneficiary transactions, and claims and litigation
  • Personal and family maintenance, government benefits, retirement plan transactions, and tax matters

The form itself warns that this list does not cover every power the law allows. Get legal advice from a lawyer if you want to add an unlisted power, or are unsure which ones to choose.

3. Review the Special Instructions

Pages 2 and 3 add specific instructions many principals want spelled out in the document itself, instead of leaving them implied. These include the following.

  • Authority to request and use your health records under HIPAA
  • Authority to submit and settle medical reimbursement claims
  • Authority to manage your retirement and savings accounts
  • Authority to access your digital accounts and devices

4. Choose the Effective Date

On page 3, initial one of three effective-date options: effective immediately, effective on a future date you choose, or effective only once you become incapacitated. Whichever you pick, the form keeps working after incapacity, which is what makes it "durable" under Minnesota law.[2] The form defines "incapacitated" as a court ruling of incompetence, a court-appointed conservator or guardian, or written certification from two physicians who are not related to you or to each other.

5. Set Co-Agent Authority

If you name more than one agent, or attorney-in-fact, page 4 explains how they share authority. Any one agent's action can bind you, but decisions the agents make together require a majority vote.

6. Name a Successor Attorney-in-Fact

Page 4 also lets you name a backup, sometimes called the successor attorney in fact. This backup takes over if your first choice becomes unable or unwilling to serve.

7. Sign and Date

Sign and date the document on page 4 in front of a notary public. The form also states that a revocation is not effective against someone who relies on a copy of the document before learning it was revoked, matching Minnesota law.[4] Signing this document also revokes any prior general power of attorney you executed. The form has you agree to protect any third party from claims that come from relying on it in good faith.

8. Complete the Acknowledgment

On page 5, the notary completes the acknowledgment certificate. This step verifies your identity only, not the truthfulness of the document's contents.

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General information, not legal or tax advice.

Sources

Unless noted otherwise, the sources below are from the Minn. Stat.

  1. Minn. Stat. § 523.01.
  2. Minn. Stat. § 523.07.
  3. Minn. Stat. § 523.09.
  4. Minn. Stat. § 523.11.
  5. Minn. Stat. § 523.04.
  6. Minn. Stat. § 523.08.
Published: Aug 12, 2024
Mara Erlach
Mara Erlach
Writer & Attorney
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.