Minnesota Power of Attorney Revocation

Minnesota Power of Attorney Revocation

Minnesota Power of Attorney Revocation

Minnesota Power of Attorney Revocation – Manner

A previously executed Minnesota power of attorney may be revoked only by a written instrument of revocation which is either:

  • signed by the principal,
  • signed on behalf of the principal by another person – which signature is acknowledged by the principal before a notary public, or
  • signed pursuant to the principal making a mark – which mark is acknowledged by the principal before a notary public,

and delivered to the attorney-in-fact, or in some cases, recorded in the County real estate Records.

A duly appointed conservator or guardian for the principal may also revoke, suspend, or terminate all or any part of a Minnesota power of attorney to the same extent that the principal would have had the power to do so if the principal were not incapacitated or incompetent.

Minnesota Power of Attorney Revocation – Effective Date

A Minnesota power of attorney revocation is not effective as to any party unless and until such party has actual notice of the revocation – which means that a written instrument of revocation has been received by such party.

Minnesota Power of Attorney Revocation – Evidence of Non-Revocation When Real Property is Not Involved

In the exercise of any power granted pursuant to a Minnesota power of attorney – other than with respect to a transaction relating to real property a signature made by an attorney-in-fact in a representative capacity constitutes an attestation by the attorney-in-fact that the attorney-in-fact did not have, at the time of such signing or comparable written disclosure, actual knowledge of the termination of the power of attorney:

  • by the death of the principal, or
  • where the spouse of the principal is the attorney-in-fact, by the commencement of proceedings for dissolution, separation, or annulment of the principal’s marriage, or
  • if the power is one which terminates upon incapacity or incompetence of the principal, actual knowledge of the principal’s incapacity or incompetence,

or actual notice of the revocation of the power of attorney, and is conclusive proof as to any party relying on the attestation that the power of attorney had not terminated or been revoked at the time that such signature or comparable written disclosure was made by the attorney-in-fact on behalf of the principal, except as to any party who has:

  • actual knowledge that the power of attorney had terminated prior to such signature or comparable written disclosure, or
  • actual notice of the revocation of the power of attorney.

A signature made by an attorney-in-fact in a representative capacity would appear similar to the following:

  • attorney-in-fact for (Name of the principal)”, or
  • “(Name of the principal) by (Name of the attorney-in-fact) – the principal’s attorney-in-fact“, or
  • any comparable written disclosure of the principal and attorney-in-fact relationship.

Nevertheless, a third-party may require that it be provided with an Affidavit of Non-revocation or Non-termination to the same extent as if the transaction involved real property.

Minnesota Power of Attorney Revocation – Evidence of Non-Revocation When Real Property is Involved

An Affidavit of Non-revocation or Non-termination by the attorney-in-fact in support of a real property transaction entered into or consummated by the attorney-in-fact on behalf of a principal who is an individual is conclusive proof that the power of attorney has not terminated or been revoked, and that the authority granted to the attorney-in-fact pursuant to the power of attorney extended to the real property described in the power of attorney, as of the time of the exercise of the power.

Any such Affidavit of Non-revocation or Non-termination by the attorney-in-fact will be effective with respect to any party relying on the affidavit, except any party dealing directly with the attorney-in-fact who has:

  • actual knowledge that the power of attorney had terminated prior to the exercise of the power, or
  • actual notice of the revocation of the power of attorney, or
  • actual knowledge that the power of attorney document powers do not extend to the real property legally described in the power of attorney.

Minnesota Power of Attorney Revocation – Do-it-Yourself

While “fill in the blank” revocation of Minnesota Power of Attorney forms can either be downloaded, or otherwise obtained from many sources – including perhaps LegalDoom.com 🙂 – the preparation of such documents is best left to licensed attorneys, who can not only fill in the blanks properly, but also provide appropriate counsel regarding the legal effect of such documents, and supervise their execution and delivery.

There is much that can go wrong when an attempted revocation of a Minnesota Power of Attorney is either performed improperly, or the attorney-in-fact continues to act notwithstanding any attempted revocation.

Conclusion – Minnesota Power of Attorney Revocation

Please contact Minnesota Attorney Gary C. Dahle for assistance with respect to any Minnesota Power of Attorney Revocation.

Copyright 2017 – All Rights Reserved.

No claim to original government works.

Gary C. Dahle – Attorney at Law

2704 County Road 10, 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 – http://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 http://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 http://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.