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The difference has to do with whether the powers remain effective after the onset of a disability. That is, the regular power of attorney ceases to be effective if you become disabled, whereas the ?durable? power of attorney continues to be effective despite your subsequent disability.
"Durable power of attorney for health care" means an instrument authorizing an agent to make health care decisions for the principal if the principal is unable, in the judgment of the attending physician, to make or communicate health care decisions.
A power of attorney must be in writing, signed in front of a notary, dated, and clear on what powers are being granted.
Creating a durable power of attorney in Minnesota involves several steps. Choose a trusted individual to act as your agent, decide the extent of their authority, consult with an attorney to draft the document in ance with Minnesota laws, sign and notarize the document, and distribute copies to relevant parties.
No, in Minnesota, you do not need to notarize your will to make it legal. But Minnesota lets you to make your will "self-proving." If you want to do that you need to go to a notary. A self-proving will helps prove that your will is valid if it is contested in court.
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 most people, the best option is to have a general durable power of attorney because it gives your agent broad powers that will remain in effect if you lose the ability to handle your own finances. An attorney can customize a general POA to limit powers even more?or add powers, Berkley says.
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.