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A Minnesota durable statutory power of attorney form lets a person (principal) appoint someone else to handle their finances. The person selected, the agent, will have unrestricted power to make any type of decision as if the principal was making it themselves.
The Attorney cannot act as a witness, but otherwise there are no restrictions on who may be a witness. There is no requirement as to who should witness the power of attorney. There is no requirement that it be witnessed by a solicitor and the form is still effective if it is not.
An attorney in fact is an agent authorized to act on behalf of another person, but not necessarily authorized to practice law, e.g. a person authorized to act by a power of attorney.
Power of attorney is the authority to make legally binding decisions on someone's behalf. The person to whom you grant power of attorney is called your attorney-in-fact.
Minnesota has a statutory power of attorney form known as a Minnesota Statutory Short Form Power of Attorney document (the Minnesota Short Form POA) which may be used by an adult principal to appoint one or more attorneys-in-fact to take certain actions on behalf of the principal.
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.
Are there any decisions I could not give an attorney power to decide? You cannot give an attorney the power to: act in a way or make a decision that you cannot normally do yourself for example, anything outside the law. consent to a deprivation of liberty being imposed on you, without a court order.
An attorney in fact is an agent who is authorized to act on behalf of another person but isn't necessarily authorized to practice law. An attorney at law is a lawyer who has been legally qualified to prosecute and defend actions before a court of law.
In order for a Lasting Power of Attorney to be valid and be used by the Attorney it must be registered. With a Property and Affairs Lasting Power of Attorney, once it has been successfully registered it can be used straight away.