What is a durable power of attorney?

A durable power of attorney is a document that gives authority to another person to act in the name of a principal, known as the agent. This type of power of attorney is different from a general power of attorney because it allows the agent to make decisions even if the principal becomes incapacitated. In Minnesota, a durable power of attorney can be used in estate planning, allowing the principal to name an agent who can make decisions about their financial, medical, and legal matters. They are legally binding and are used to ensure that the principal’s wishes are carried out in the event of an emergency. The document must provide clear instructions to the agent that detail the tasks they are authorized to take, such as managing bank accounts or making medical decisions. In addition, the document must be signed in the presence of a notary. In some cases, a durable power of attorney will be limited in scope and used to complete a specific task. For example, a principal may provide a power of attorney to someone else to make decisions related to a real estate purchase or sale. In Minnesota, state laws limit the power of an attorney in fact to the specific instructions given in the document and prohibit them from taking certain actions.

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What is a durable power of attorney?

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