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While Minnesota technically requires you to get your POA notarized only if someone else is signing the document on your behalf (Minn. Stat. § 523.01), notarization is very strongly recommended. Many financial institutions will require a POA to be notarized (even if state law doesn't require it) before they accept it.
A durable power of attorney is a crucial legal document that gives an individual, known as the agent, the authority to make decisions on your behalf if you are unable to do so. This remains in effect even if the principal, the person who created the power of attorney, becomes incapacitated.
The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
What Is a Durable Power of Attorney? When a power of attorney is considered ?durable,? it remains valid even if you become incompetent or incapacitated. An ordinary power of attorney expires if a person becomes unable to make his or her own decisions.
How do I complete a health care directive? Identify a person, called an agent, to make health decisions for you if you become unable to make or communicate decisions. Write instructions about your health care goals, fears and concerns. ... Sign and date it to make it legal.
If a person wishes to make the power of attorney durable (i.e., to last even if they become incapacitated), they must include a statement such as: ?This power of attorney shall not be affected by incapacity or incompetence of the principal.? It is not necessary to have a lawyer prepare a power of attorney, but ...
Your health care directive allows you to: » Appoint someone to partner with your clinicians to make health care decisions for you when you are unable to speak for yourself. » Give health care instructions to guide others in making health care decisions for you when you are unable to speak for yourself.
Before completing the form, you should have an in-depth conversation with your agent, to be sure you trust this person to act on your behalf. For the PoA to be legal, you must sign form in front of a notary or have it signed by two witnesses.