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Power of Attorney
Power of Attorney in St. Cloud, Minnesota
A durable power of attorney authorizes an agent to act on behalf of someone else (a “grantor”). For instance, if your spouse has your durable power of attorney, they can execute legal and financial documents for you. This is useful in two situations: if you are unavailable, or if you are not competent to act on your own behalf.
A power of attorney stays valid even after the grantor becomes incapacitated. It continues to work until the grantor either revokes it or dies.
The State of Minnesota has rules for creating a power of attorney. It is important to make sure that your power of attorney is acceptable in Minnesota. Having a power of attorney in place can help you avoid situations where the grantor becomes incompetent, and guardianship is required.
The power of attorney lists all the powers it gives to the agent. These powers are usually broad. It is important to have complete confidence in the relative or friend that you choose to hold a power of attorney.
Minnesota law requires agents to act faithfully on the grantor’s behalf—it is the agent’s fiduciary duty. A Minnesota power of attorney must be written, signed, dated, and notarized properly to be legally effective.
It is best to execute a separate Health Care Directive for potential health-related issues.
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