Power of attorney in Minnesota: form, signing and powers

The form, the signing rules, durable or not, and what an agent can do in Minnesota, from Minnesota law.

Checked against official sources: October 31, 2026.

Short answer

Powers of Attorney (Minnesota Statutes chapter 523)

Official form: Statutory Short Form Power of Attorney
How to sign: Signed by you; the law requires no notary or witnesses
Durable unless it says otherwise?: No: it continues after incapacity only if it says so.
Uniform Power of Attorney Act: No

Words used in Minnesota

In Minnesota you name an attorney-in-fact for money and property in a power of attorney, often on the statutory short form. A health care directive can name a health care agent and give health care instructions in one document. If an adult cannot manage, a court can appoint a guardian or conservator, but only if less restrictive options such as supported decision making will not work.

An agent (also called an attorney-in-fact) is the person you choose to act for you. You are the principal.

Money and property: Power of attorney; statutory short form power of attorney
The person you choose: Attorney-in-fact
Health care: Health care directive (which can include a health care power of attorney naming a health care agent)
Treatment wishes: Health care instructions (part of the health care directive)
Court-appointed decision-maker: Guardian (personal decisions) and conservator (property and money), limited or unlimited

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

How to revoke a power of attorney in Minnesota

Official forms in Minnesota

Forms published by the state or its courts. You open them on the official site.

Financial power of attorney

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

Health care directive

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

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

Free help in Minnesota

Report abuse or exploitation

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

Questions about powers of attorney in Minnesota

What is a power of attorney called in Minnesota?

Power of attorney; statutory short form power of attorney. In Minnesota you name an attorney-in-fact for money and property in a power of attorney, often on the statutory short form. A health care directive can name a health care agent and give health care instructions in one document. If an adult cannot manage, a court can appoint a guardian or conservator, but only if less restrictive options such as supported decision making will not work.

Does a power of attorney have to be notarized in Minnesota?

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.

Is there an official power of attorney form in Minnesota?

Statutory Short Form Power of Attorney. You do not have to use it.