Minnesota Temporary Delegation of Parental Powers

Minnesota Temporary Delegation of Parental Powers

Minnesota Temporary Delegation of Parental Powers – Scope

Pursuant to a properly executed Minnesota Temporary Delegation of Parental Powers limited power of attorney document, a parent, legal custodian, or guardian of a minor or incapacitated person may delegate to another person – for a period not exceeding one year – any powers regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption of a minor ward.

Minnesota Temporary Delegation of Parental Powers – Noncustodial Parent Rights

A parent who executes a delegation of powers under a Minnesota Temporary Delegation of Parental Powers limited power of attorney document must mail or give a copy of the document to any other parent within 30 days of its execution unless:

(1)       the other parent:

  • does not have parenting time; or
  • has supervised parenting time; or

(2)       there is an existing order for protection under Minnesota statutes, chapter 518B, or a similar law of another state in effect against the other parent to protect

  • the parent, legal custodian, or guardian executing the delegation of powers, or
  • the child.

Temporary Delegation of Minnesota Parental Rights

The following persons may have a need to temporarily delegate parental rights over their minor children or wards:

  1. Parents of minor children who are planning on traveling away from home for an extended period of time;
  2. Military personnel who are deploying away from home who have minor children to care for, and
  3. Parents or guardians who are facing some type of scheduled medical procedures which may involve extended recovery time.

There are two statutory provisions in Minnesota which allow a parent or guardian to temporarily delegate parental and custody rights, and supervisory authority, over a minor child for a limited period of time:

  1. The first provision is identified in Minnesota Statutes, Chapter 524.
  2. The second provision is identified in Minnesota Statutes, Chapter 257B.

Temporary Delegation of Minnesota Parental Rights – M.S. Chapter 524

Pursuant to Minnesota Statutes, Chapter 524, a parent, legal custodian, or guardian of a minor or incapacitated person,

  • by a properly executed power of attorney,
  • may delegate to another person,
  • for a period not exceeding one year,
  • any powers regarding care, custody, or property of the minor or ward – except the power to consent to marriage or adoption of a minor ward.

Since the delegation is to be made pursuant to a properly executed power of attorney document, the applicable form may be fairly simple, and may be subject to the provisions of Minnesota Statutes, Chapter 523, which are generally applicable to power of attorney documents.

Temporary Delegation of Minnesota Parental Rights – Authorization

Any competent adult may, as principal, designate another person as the principal’s attorney-in-fact pursuant to a written Temporary Delegation of Minnesota Parental Rights power of attorney document.

The Minnesota power of attorney statutes do not define the term competent, although judicial decisions have found a principal to be competent while he or she has sufficient mental capacity to understand the nature and effect of his or her signature on a power of attorney document.

An alternate statutory term – incapacity – refers to a person’s state of being during which legal grounds exist for the appointment of a guardian or conservator for such person.

Temporary Delegation of Minnesota Parental Rights – Execution

A Temporary Delegation of Minnesota Parental Rights power of attorney document is validly executed when:

  • it is dated and signed by the principal, and
  • the principal’s signature is acknowledged before a notary public.

Temporary Delegation of Minnesota Parental Rights – Signature Requirements

If the principal is physically unable to sign the Temporary Delegation of Minnesota Parental Rights power of attorney document, it can be signed by either:

  • another person on the principal’s behalf, or by
  • the principal – by means of making a mark on the document in lieu of a signature,

providing that such signature or mark is acknowledged before a notary public.

Temporary Delegation of Minnesota Parental Rights – Effective Date

Absent other provisions to the contrary, a Temporary Delegation of Minnesota Parental Rights power of attorney document becomes effective immediately when it has been properly executed and acknowledged by a principal before a notary public.

Temporary Delegation of Minnesota Parental Rights – Noncustodial Parent Rights

 A parent who executes a Temporary Delegation of Minnesota Parental Rights power of attorney document must mail, or give a copy of the document, to any other parent within 30 days of its execution unless:

(1)       the other parent does not have parenting time, or has supervised parenting time; or

(2)       there is an existing order for protection under Minnesota statutes, chapter 518B, or a similar law of another state in effect against the other parent to protect the parent, legal custodian, or guardian executing the delegation of powers, or the child.

Temporary Delegation of Minnesota Parental Rights – Termination

Any Temporary Delegation of Minnesota Parental Rights power of attorney document which temporarily delegates parental authority will terminate upon the earliest to occur of:

  • its revocation by the principal,
  • the death of the principal,
  • the expiration of a termination date properly stated in the document, or,
  • one year from its date of execution.

Temporary Delegation of Minnesota Parental Rights – Revocation

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

  • actually 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 by the principal by making a mark in lieu of a signature, which mark is acknowledged by the principal before a notary public, and
  • delivered to the attorney-in-fact.

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

When is a Revocation of a Minnesota Temporary Delegation of Parental Authority Power of Attorney Effective?

Revocation of a Temporary Delegation of Minnesota Parental Rights power of attorney document is not effective as to any attorney in fact until such person has actual notice of the revocation – which means that a written instrument of revocation has been received by such person.

Temporary Delegation of Minnesota Parental Rights – Evidence of Non Revocation

In the exercise of any power granted pursuant to a Temporary Delegation of Minnesota Parental Rights power of attorney document temporarily delegating parental rights, a signature made by an attorney-in-fact 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,

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
  • actual notice of the revocation of the power of attorney,

and may be conclusive proof as to any party relying on the attestation that the Temporary Delegation of Minnesota Parental Rights power of attorney document 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 Temporary Delegation of Minnesota Parental Rights power of attorney document had terminated prior to such signature or comparable written disclosure, or
  • actual notice of the revocation of the power of attorney.

Temporary Delegation of Minnesota Parental Rights – Duties of an Attorney-in-Fact

In general, an attorney-in-fact appointed pursuant to a Temporary Delegation of Minnesota Parental Rights power of attorney document has no statutory duty:

  • to exercise any power conferred upon the attorney-in-fact, or
  • to act in any capacity on behalf of a principal in any transaction.

However, if the attorney-in-fact signs the Temporary Delegation of Minnesota Parental Rights power of attorney document and agrees to act as the principal’s attorney-in-fact, the attorney-in-fact may have assumed the duty to act in the minor child’s best interests until the parent can resume his or her parental duties.

In addition, if the attorney-in-fact does exercise any such power or act on behalf of the principal, the attorney-in-fact shall:

  • exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person’s own affairs,
  • have the interests of the principal – and the minor child – utmost in mind, and
  • keep complete records of all transactions entered into by the attorney-in-fact on behalf of such principal.

Temporary Delegation of Minnesota Parental Rights – Attorney-in-Fact Liability for Misconduct

An attorney-in-fact may be personally liable under the statute to any person, including a principal – and perhaps a minor child – who is injured by:

  • an action taken by the attorney-in-fact in bad faith under the Temporary Delegation of Minnesota Parental Rights power of attorney document, or
  • the attorney-in-fact’s failure to account when the attorney-in-fact has a statutory duty to account.

In addition, an attorney-in-fact who:

  • knowingly executes a false affidavit regarding the attorney-in-fact’s authority under a Temporary Delegation of Minnesota Parental Rights power of attorney document, or
  • signs a document on behalf of a principal knowing that the Temporary Delegation of Minnesota Parental Rights power of attorney document has either been revoked, or has terminated,

may be liable for treble the amount of damages suffered by the principal.

Finally, the attorney-in-fact may also be held liable for any negligence or misconduct with respect to the care, custody, or property of the minor child.

Temporary Delegation of Minnesota Parental Rights – M.S. Chapter 257B

A parent, legal custodian, or guardian of a minor child may also temporarily delegate:

  • any powers regarding the care, custody, or property of a minor child or ward,
  • except the power to consent to marriage or adoption of a minor ward

by designating a temporary custodian for such minor child pursuant to Minnesota Statutes, Chapter 257B.

However, the process for delegating parental authority to a temporary custodian pursuant to Minnesota Statutes, Chapter 257B:

  • is more involved than that identified in Minnesota Statutes, Chapter 524,
  • requires the approval of a Minnesota court at some point during the process, and
  • is more suited towards a longer-term solution – including the appointment of a guardian for the minor child – rather than a short-term temporary arrangement.

Nevertheless, if the parent of a minor child will be unavailable for more than one year, the procedure identified in Minnesota Statutes, Chapter 257B may be the only option.

Conclusion – Temporary Delegation of Minnesota Parental Rights

Pursuant to a properly executed Minnesota Temporary Delegation of Parental Powers limited power of attorney document, a parent, legal custodian, or guardian of a minor or incapacitated person may delegate to another person – for a period not exceeding one year – any powers regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption of a minor ward.

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

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Information provided herein is only for general informational and educational purposes. The laws relating to Minnesota powers of attorney involve many complex legal issues.

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