Minnesota Power of Attorney Accountings

Minnesota Power of Attorney Accountings

Minnesota Power of Attorney Accountings

Minnesota Power of Attorney Accountings Copying Records

The Minnesota Power of Attorney Accountings statutes provide that in addition to the principal, the following persons are entitled to examine and copy the records of an attorney-in-fact appointed pursuant to a Minnesota power of attorney:

  • a person designated by the principal in the document creating the power of attorney as the recipient of any required accountings,
  • the guardian or conservator of the estate of the principal while the principal is living, and
  • the personal representative of the estate of the principal, after the principal’s death.

Minnesota Power of Attorney Accountings Required

An attorney-in-fact appointed pursuant to a Minnesota power of attorney document has a duty under the Minnesota power of attorney statutes to render an accounting with respect to transactions entered into by the attorney-in-fact on behalf of the principal when:

(1)       requested to do so at any time by the principal;

(2)       the instrument conferring the power of attorney requires that the attorney-in-fact render accountings, and specifies to whom the accounting must be delivered; or

(3)       the attorney-in-fact has reimbursed the attorney-in-fact for any expenditure the attorney-in-fact has made on behalf of the principal.

Minnesota Power of Attorney Accountings Judicial Supervision

In the absence of any petition seeking judicial relief, there is no review by the court of the actions of an attorney-in-fact.

Minnesota Power of Attorney Accountings Court Jurisdiction After August 1, 2013

After August 1, 2013, the Minnesota power of attorney statutes provide that any “interested person” – as that term is defined under the Minnesota conservatorship statutes – may petition the court:

  • for a protective order directing an attorney-in-fact to provide an accounting,
  • on a schedule directed by a court, or
  • for any other relief as provided in the Minnesota conservatorship statutes – which may include seeking the appointment of a limited or unlimited conservator.

The definition of an interested person under the Minnesota conservatorship statutes is somewhat flexible, but likely includes:

  • the principal,
  • any nominated or duly appointed Guardian or Conservator for the principal,
  • the principal’s spouse, parent, adult children and siblings, or in some cases the principal’s “next of kin”,
  • a health care agent or proxy appointed pursuant to a health care directive, or
  • an adult person who has lived with the principal for a period of more than six months.

Minnesota Power of Attorney Accountings Court Jurisdiction Prior to, and after, August 1, 2013

Since at least 2013, the Minnesota conservatorship statutes have provided that the following persons are authorized to petition the probate court for the appointment of a Conservator, or for any other appropriate protective order relating to the property and affairs of a principal, if misbehavior by an attorney-in-fact is suspected:

  • any individual interested in the estate, affairs, or welfare, of the principal, or
  • a person who would be adversely affected by the lack of effective management of the property and business affairs of the principal.

As part of the proceeding, the probate court may require that an accounting be provided to the petitioner.

Any right of a petitioner to seek the jurisdiction of the court under the conservatorship statutes may be in addition to his or her right to seek the jurisdiction of the court under the power of attorney statutes.

Minnesota Power of Attorney Accountings Contents of an Accounting

Under the Minnesota power of attorney statutes, an “accounting” is defined as a written statement that gives reasonable notice of all transactions entered into by the attorney-in-fact on behalf of the principal.

However, once a matter comes under the jurisdiction of the probate court under either the Minnesota Power of Attorney statutes, or the Minnesota conservatorship statutes, the court may require greater detail and supporting evidence of all entries identified on an accounting.

Minnesota Power of Attorney Accountings Recovery of Attorney Fees

The Minnesota Power of Attorney statutes provide that after August 1, 2013, either:

  • the principal, or
  • a person named by the principal in the power of attorney document to receive accountings,

is entitled to recover reasonable attorney fees and costs if the court finds that the attorney-in-fact failed to render an accounting to:

  • the principal, or
  • any person named by the principal in the power of attorney document to receive accountings,

 after the duty to render an accounting arose.

This is one area where a principal, and certain other family members, may significantly benefit if the principal had a Minnesota licensed attorney prepare and supervise the execution of Minnesota Statutory Short Form Power of Attorney document form, by properly identifying a family member who is entitled to:

  • receive an accounting from the attorney-in-fact, and
  • recover any attorney fees which are necessary in order to force an attorney-in-fact to produce an accounting when one is required by statute.

Obtaining the right to receive attorney fees from a misbehaving attorney-in-fact can be a significant deterrent to improper conduct by such an attorney-in-fact.

Minnesota Power of Attorney Accountings Conclusion

Please contact Minnesota Attorney Gary C. Dahle for assistance with any Minnesota Power of Attorney Accountings.

Copyright 2017 – All Rights Reserved.

No claim to original government works.

Gary C. Dahle – Attorney at Law

2704 Mounds View Blvd., Mounds View, MN 55112

Phone:  763-780-8390   Fax: 763-780-1735

Gary@dahlelaw.com

Legal Disclaimer

Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota powers of attorney involve many complex legal issues. If you have a specific legal problem about which you are seeking advice, either consult with your own attorney or retain an attorney of your choice. Gary C. Dahle, Attorney at Law, is licensed to practice law only in the State of Minnesota, and in the State of North Dakota, in the United States of America.

Therefore, only those persons interested in matters governed by the laws of the State of Minnesota or North Dakota should consult with, or provide information to, Gary C. Dahle, Attorney at Law, or take note of information provided herein. Accessing the web site of Gary C. Dahle, Attorney at Law – https://www.dahlelaw.com – may be held to be a request for information.

However, the mere act of either providing information to Gary C. Dahle, Attorney at Law, or taking note of information provided on https://www.dahlelaw.com, does not constitute legal advice, or the establishment of an attorney/client relationship. Nothing herein will be deemed to be the practice of law or the provision of legal advice. Clients are accepted by Gary C. Dahle, Attorney at Law, only after preliminary personal communications with him, and subject to mutual agreement on terms of representation.

If you are not a current client of Gary C. Dahle, Attorney at Law, please do not use the e-mail links or forms to communicate confidential information which you wish to be protected by the attorney-client privilege. Please use caution in communicating over the Internet. The Internet is not a secure environment and confidential information sent by e-mail may be at risk. Gary C. Dahle, Attorney at Law, provides the https://www.dahlelaw.com web site and its contents on an “as is” basis, and makes no representations or warranties concerning site content or function, including but not limited to any warranty of accuracy, or completeness.

Internal Links:

Topics of Interest:

Links to Minnesota Probate Records

Minnesota Department of Health – Death Records Index – 1997 to Present:  http://www.health.state.mn.us/divs/chs/osr/DecdIndex/dthSearch.cfm

Minnesota Historical Society – Death Records; 1904 – 2001: http://www.mnhs.org/people/deathrecords

Minnesota Department of Health – Birth Certificateshttp://www.health.state.mn.us/divs/chs/osr/birth.html

Minnesota Historical Society – Birth Records: http://www.mnhs.org/people/birthrecords

Minnesota Marriage Recordshttps://moms.mn.gov/