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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 ...
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.
A regular power of attorney will become invalid when a person is incapacitated or passes away. However, a durable POA is the most pervasive and encompassing type of POA. This type of POA only expires upon the death of the individual, not upon incapacitation.
An executed power of attorney may be revoked only by a written instrument of revocation signed by the principal and, in the case of a signature on behalf of the principal by another or a signature by a mark, acknowledged before a notary public.
Creating a Power of Attorney 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.
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).
A competent person can revoke (take back) a power of attorney at any time. You must put in writing that you revoke the power of attorney, and sign and date this in front of a notary. Send copies to the attorney-in-fact and to any person, office or bank the attorney-in-fact dealt with for you.