Power of attorney, health care directive and guardianship in Minnesota

Financial power of attorney in Minnesota

Law and official form

Law

Powers of Attorney (Minnesota Statutes chapter 523)

Uniform Power of Attorney Act

No

Official form

Statutory Short Form Power of Attorney (Minn. Stat. 523.23)Published by Minnesota Office of the Revisor of Statutes

You do not have to use it.

To count as a statutory short form, the wording must be copied exactly, parts First, Second and Third completed, and your signature acknowledged before a notary. You must initial the Important Notice to Principal, and your attorney-in-fact signs an acknowledgment of the Important Notice to Attorney(s)-in-Fact (no notary needed for that). Powers you do not check are withheld. The form does not give health care powers.

Law: Minn. Stat. ch. 523; Minn. Stat. §§ 523.23, 523.24

Signing rules

How to sign

A power of attorney is valid when you date and sign it. A notary is required by the general rule only if someone signs for you or you sign with a mark, but the statutory short form must be notarized, and a power of attorney used for real estate must be acknowledged so it can be recorded.

Who signs

Dated and signed by you. If someone else signs for you, or you sign by a mark, the signature must be acknowledged before a notary public.

Notary

Not required

Witnesses

None required

Agent's acknowledgment

On the statutory short form, the attorney-in-fact signs an acknowledgment of the Important Notice to Attorney(s)-in-Fact before acting. For forms signed on or after January 1, 2014, this acknowledgment is one condition for a business to be liable if it refuses the form.

Law: Minn. Stat. §§ 523.01, 523.05, 523.23 subd. 3, 523.20

Durable and springing

Is it durable?

A power of attorney is durable only if it has words such as 'This power of attorney shall not be affected by incapacity or incompetence of the principal' or similar words.

Law: Minn. Stat. 523.07

Durable unless it says otherwise?

No: it continues after incapacity only if it says so.

Starting later (springing)

A power of attorney can say 'This power of attorney shall become effective upon the incapacity or incompetence of the principal'. 'Incapacity' means cause for appointing a guardian or conservator.

Law: Minn. Stat. 523.07; Minn. Stat. 523.03

What an agent can and cannot do

Needs express permission

• Gifts to the attorney-in-fact or to anyone the attorney-in-fact must support (on the statutory short form, only if you check that choice and name them; yearly gifts are capped at the federal annual gift tax exclusion)
• Each power on the statutory short form that you do not check or 'X' is withheld

No power of attorney can

A power of attorney under chapter 523, including the statutory short form, does not give health care decision powers; those require a health care directive under chapter 145C.

Law: Minn. Stat. 523.23, Important Notice to Principal

Law: Minn. Stat. §§ 523.23 subd. 1 (part Third) and subd. 2, 523.24 subd. 8

Agent duties, pay and court review

Agent duties

• Keep complete records of all transactions
• Give an accounting when you ask, when the document requires it, or when they repay themselves for expenses
• On the statutory short form: act with your interests utmost in mind, as an ordinarily prudent person would, in good faith and with due care
• Stop acting once they learn the power has ended
• Sign in a way that shows they are acting as attorney-in-fact

Agent pay

Under the statutory short form, the attorney-in-fact may repay themselves for expenses paid on your behalf and must then give an accounting.

Law: Minn. Stat. 523.23 subd. 5

Asking a court to review an agent

You or any interested person can ask the court to order the attorney-in-fact to account or for other protective relief. If the attorney-in-fact failed to account after the duty arose, you (or the person named to receive accountings) can recover reasonable attorney fees.

Law: Minn. Stat. 523.26

Law: Minn. Stat. §§ 523.21, 523.23 (Important Notice to Attorney(s)-in-Fact)

When it ends and how to revoke it

It ends when

• You die
• The expiration date in the document (it must be a specific month, day and year)
• You revoke it
• You become incapacitated, if it is not durable
• Proceedings start to dissolve, annul or legally separate your marriage, if the attorney-in-fact is your spouse

Divorce ends a spouse's authority

Yes · Divorce rules in Minnesota (Divorce Law Map)

How to revoke

Revoke it only by a written revocation that you sign. If someone signs for you or you sign with a mark, it must be acknowledged before a notary. A guardian or conservator has the same power to revoke that you would have.

Telling others

A revocation does not take effect for anyone until they have actual notice, which means they have received the written revocation. A business that receives a revocation that appears signed by you can rely on it.

If it was recorded

For real estate, recording a revocation that includes the legal description with the county recorder or registrar of titles gives actual notice for that property in that county.

Law: Minn. Stat. §§ 523.075, 523.08, 523.09, 523.11; Minn. Stat. § 523.11

Banks, other states and real estate

Banks and other businesses

A business that refuses to honor a statutory short form power of attorney that meets the conditions in the statute (including a specimen signature of the attorney-in-fact and, for forms signed on or after January 1, 2014, the attorney-in-fact's signed acknowledgment) is liable to you as if it had refused you personally, with some exceptions. A business that relies on the attorney-in-fact's affidavit and has no actual notice of revocation or death is held harmless.

Law: Minn. Stat. 523.16 to 523.20

Signed in another state

A power of attorney validly created under the law of another state or country is valid in Minnesota and is governed by chapter 523.

Law: Minn. Stat. 523.02

Real estate

When the attorney-in-fact signs a recordable document, the power of attorney and related affidavits are also recordable if authenticated for record. On the statutory short form, using a street address instead of a legal description makes the real property power invalid for real estate transactions.

Law: Minn. Stat. 523.05; 523.23 subd. 3a

Health care directive in Minnesota

The document and its form

Document

Health Care Directive

Official form

Health Care Directive (suggested form, Minn. Stat. 145C.16)Published by Minnesota Office of the Revisor of Statutes

You do not have to use it.

Living will

Health care instructions

Part of the directive.

Minnesota uses one health care directive for both naming an agent and giving instructions. Older living wills made under chapter 145B remain recognized.

Law: Minn. Stat. §§ 145C.05, 145C.16; Minn. Stat. §§ 145C.02, 145C.07 subd. 4

Signing rules

How to sign

The directive must be in writing, dated, state your name, and be signed by you. Your signature must be verified either by a notary public or by two adult witnesses. It must include health care instructions, an agent, or both.

Who signs

Signed by you, or by another person you authorize to sign for you. It must be dated.

Notary

A notary or witnesses (your choice)

Witnesses

2 (instead of a notary)

Who cannot witness

Your health care agent or alternate agent cannot be a witness or the notary. At least one witness cannot be a health care provider giving you direct care, or an employee of one, on the day you sign. Witnesses must be at least 18. A notary may be an employee of your health care provider.

Law: Minn. Stat. §§ 145C.03, 145C.16

Who can be your agent and what the agent can do

Who cannot be your agent

Your attending health care provider, or an employee of that provider (on the day you sign or the day decisions are needed), cannot be your agent unless related to you by blood, marriage, registered domestic partnership or adoption, or unless your directive says otherwise. A person you name to judge your capacity cannot be your agent.

Law: Minn. Stat. 145C.03 subd. 2

When the agent starts

The agent decides only when your attending physician, advanced practice registered nurse or physician assistant finds you lack decision-making capacity, and stops if you recover it, unless your directive sets other conditions. You can let your agent decide even while you still have capacity.

Law: Minn. Stat. 145C.05 subd. 2(c), 145C.06, 145C.07

Decisions an agent cannot make

Your agent must act in good faith and within your directive. The agent has the same right as you to see your medical records and may visit you, unless you say otherwise.

Law: Minn. Stat. 145C.07, 145C.08

Revoking and conflicting documents

Revoking your agent

You can revoke all or part of your directive at any time by destroying it (or having someone destroy it in your presence) with intent to revoke, by a signed and dated written statement, by saying you revoke it in front of two witnesses (they need not be present at the same time), or by signing a new directive that conflicts with it.

Revoking your instructions

The same methods revoke your instructions.

Telling others

Tell your agent and your health care providers and give them the new or revoking document.

Divorce ends a spouse's authority

Yes · Divorce rules in Minnesota (Divorce Law Map)

Conflicting documents

If documents conflict, the most recently signed one controls, but only to the extent of the conflict.

Law: Minn. Stat. 145C.07 subd. 4

Law: Minn. Stat. § 145C.09

Other states, registry and medical orders

Signed in another state

A directive made in another state is valid in Minnesota if it complies with that state's law or with Minnesota's requirements.

Law: Minn. Stat. 145C.04

Mental health directive

A health care directive can include a declaration about intrusive mental health treatment under Minn. Stat. 253B.03, subd. 6d, or authorize your agent to consent for you under 253B.04.

Law: Minn. Stat. 145C.05 subd. 2(a)(6)

Guardianship and conservatorship in Minnesota

What guardianship or conservatorship is

What it is called

Guardian (limited or unlimited), emergency guardian, conservator (limited or unlimited)

When a court may appoint one

An incapacitated person is someone who lacks sufficient understanding or capacity to make personal decisions and cannot meet personal needs for medical care, nutrition, clothing, shelter or safety, even with appropriate technological and supported decision making assistance. The court may appoint a guardian only on clear and convincing evidence that the person is incapacitated and that their needs cannot be met by less restrictive means, such as technology, supported decision making, community services or a health care agent. The court must explain why less restrictive alternatives do not work and grant only needed powers.

Kinds

• Limited guardianship
• Unlimited guardianship
• Emergency guardianship (up to 60 days)
• Limited or unlimited conservatorship
• Protective orders

Law: Minn. Stat. §§ 524.5-102, 524.5-303, 524.5-309, 524.5-310, 524.5-311, 524.5-409

Who can ask, which court and your own choice

Who may ask

The person themselves or anyone interested in their welfare.

Court

District court in the county where the person lives.

Choosing your own

Naming a health care agent in a health care directive counts as nominating that person as guardian unless you say otherwise; your health care agent is second in the court's priority list.

Law: Minn. Stat. 145C.07 subd. 2, 524.5-309

Effect on a power of attorney

A guardian or conservator has the same power you would have to revoke, suspend or end your power of attorney. If a guardian is given medical decision powers, your health care agent's authority is suspended until the court orders otherwise.

Law: Minn. Stat. 523.11; Minn. Stat. 524.5-310(f)

Cost, fee waiver and forms

Filing fee

$310 first-paper filing fee for a civil action or proceeding in district court; local law library fees may apply.

Law: Minn. Stat. 357.021, subd. 2(1)

Fee waiver

You can ask the court to waive fees (in forma pauperis).

Other options and where to report abuse

Supported decision-making

Minnesota has no supported decision-making law.

Less restrictive options

• Supported decision making: People the person chooses help them understand and communicate their own decisions.
• Health care agent: A health care directive names someone to make health care decisions.
• Attorney-in-fact (power of attorney): Handles property and money matters without a conservatorship.
• Representative payee, trusts, banking or bill-paying help: Listed in the statute as less restrictive options to a conservatorship.

Report abuse or exploitation

Minnesota Adult Abuse Reporting Center (MAARC), 24 hours a day · 1-844-880-1574

Call or text the Eldercare Locator to find your local adult protective services: 1-800-677-1116 · eldercare.acl.gov

Law: Minn. Stat. §§ 524.5-102 subd. 16a, 524.5-310, 524.5-409

Good to know in Minnesota

• A Minnesota power of attorney is durable only if it says so.

  Law: Minn. Stat. 523.07

• A revocation of a power of attorney must be written and signed, and it is not effective against anyone until they receive it.

  Law: Minn. Stat. 523.11

• Starting divorce, annulment or legal separation proceedings ends a spouse's authority as attorney-in-fact and as health care agent.

  Law: Minn. Stat. 523.08, 145C.09

• Guardianships for people under 30 must have a limited duration of no more than 72 months.

  Law: Minn. Stat. 524.5-310(d)

Changes in 2024–2026

No changes to chapter 523 since 2013. Chapter 145C: 2025 1st Special Session ch. 3 art. 19 amended 145C.01, 145C.17 and 145C.18 (opioid and nonopioid directives), and 2026 ch. 127 art. 14 amended 145C.18. Minn. Stat. 524.5-409 subd. 2 amended by 2026 ch. 95 art. 7. District court filing fees amended in 2023 and 2025.

Law: 357.021 subd. 2

Questions about powers of attorney in Minnesota