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A Minnesota common law power of attorney (?Common Law POA?) is a document which is used to create a legal relationship whereby one party ? known as a principal, authorizes another party ? known as an ?attorney-in-fact?, to act on behalf of the principal in regards to certain specified legal matters.
Except with respect to real estate transactions, a Minnesota Power of Attorney document does not need to be recorded anywhere in order to be effective.
The "principal" is the person who creates a Power of Attorney document, and they give authority to another adult who is called an "attorney-in-fact." The attorney-in-fact does NOT have to be a lawyer and CANNOT act as an attorney for the principal. The attorney-in-fact must be a competent adult (18 years or older).
For the PoA to be legal, you must sign form in front of a notary or have it signed by two witnesses. The Arc Minnesota also believes there is value in having an attorney, or lawyer, look over the PoA.
A power of attorney must be in writing, signed in front of a notary, dated, and clear on what powers are being granted.