---
url: 'https://www.fmjlaw.com/important-changes-to-the-minnesota-power-of-attorney-statute/'
title: Important Changes to the Minnesota Power of Attorney Statute
author:
  name: Heather Morrison
  url: 'https://www.fmjlaw.com/author/hmorrison/'
date: '2013-11-01T19:16:14+00:00'
modified: '2021-08-17T19:25:39+00:00'
type: post
categories:
  - 'Trusts & Estates Blog'
published: true
---

# Important Changes to the Minnesota Power of Attorney Statute

The Minnesota Legislature recently made several changes to the statutory form power of attorney (POA), as well as the underlying law. Some of the changes include:

- It is now required that both the Principal and the Attorney-in-Fact acknowledge that they have reviewed “Important Notices” included in the form that address the powers, duties and liabilities of the Attorney-in-Fact.
- It is now required that the Attorney-in-Fact sign the POA. In the past, that signature was optional.
- The insertion of more protective language is now required in regards to the transfer of property to the Attorney-in-Fact – especially with gifting.
- POAs executed on or after Jan. 1, 2014 must use the new form, but the new form will not invalidate any POA executed before Jan. 2014.
- The new statute also provides judicial relief for an interested party to petition the court for a protective order directing an Attorney-in-Fact to provide an accounting.

If you have a Minnesota Short Form Power of Attorney that was drafted and signed prior to Jan. 1, 2014, it remains valid under the new law. However, it is unclear how the old form will be received by financial institutions as time goes on and as policies evolve, which could affect acceptance of these forms. In light of these changes, now is a good time to review the current status of your power of attorney (and other planning documents) to determine that your intent is accurately reflected in the documents.

*[David M. Ness](https://www.fmjlaw.com/professional/david-m-ness/) heads the [Trusts & Estates](https://www.fmjlaw.com/practice-area/trusts-estates/) practice group at the Eden Prairie, Minnesota-based law firm Fafinski Mark & Johnson. He works with individuals and organizations in all aspects of estate planning.*

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