Minnesota Power of Attorney Requirements & Form

Minnesota requirements

• Minnesota has not adopted the Uniform Power of Attorney Act; powers of attorney are governed by Minnesota Statutes chapter 523.
• Under Minn. Stat. 523.01, a power of attorney must be in writing, dated, signed by the principal (or signed on the principal's behalf or by mark), and the signature must be acknowledged before a notary public.
• No witnesses are required for a Minnesota financial power of attorney; notarization is the required formality.
• Durability requires express language. Minn. Stat. 523.07 looks for wording such as 'This power of attorney shall not be affected by incapacity or incompetence of the principal' or similar words showing that intent.
• Minnesota also publishes a statutory short form under Minn. Stat. 523.23 whose wording must be duplicated exactly, completed, and notarized; our template is a general-purpose power of attorney, not the Minnesota statutory short form.

Frequently asked questions

Does Minnesota require a power of attorney to be notarized?

Yes. Minn. Stat. 523.01 requires the principal's signature to be acknowledged, which in practice means signing before a notary public. The statutory short form under Minn. Stat. 523.23 likewise requires acknowledgment.

Do I need witnesses for a Minnesota power of attorney?

No. Chapter 523 relies on notarization rather than witnesses; the statute sets no witness requirement for a financial power of attorney.

Official sources

• https://www.revisor.mn.gov/statutes/cite/523.01
• https://www.revisor.mn.gov/statutes/cite/523.07
• https://www.revisor.mn.gov/statutes/cite/523.23