Minnesota
Minnesota Power of Attorney Laws: Durable, Medical, and Financial POA (2026)
Independently fact-checked against primary sources (last audited September 7, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. How we verify our legal content
Minnesota governs financial powers of attorney under its own statutory framework, Minn. Stat. ch. 523 (sections 523.01 through 523.26). Minnesota has not adopted the 2006 Uniform Power of Attorney Act (UPOAA) used by many other states. Instead, Minnesota provides a Statutory Short Form Power of Attorney at Minn. Stat. 523.23, a standardized form that must be executed exactly as written and acknowledged before a notary. A financial POA under ch. 523 is not durable by default; durability requires express language in the document. Healthcare decisions require a completely separate instrument, the Health Care Directive, governed by Minn. Stat. ch. 145C.
For the full 50-state overview, see our national Power of Attorney guide.
What a Power of Attorney Does in Minnesota
A power of attorney is a written legal document in which one person, the principal, authorizes another person, the agent (also called the attorney-in-fact), to act on the principal's behalf. The scope of authority can be broad, covering banking, real estate, business operations, and general financial management, or narrow, limited to a single transaction or category. Whatever the scope, the authority granted exists only during the principal's lifetime. A Minnesota POA ends automatically at the principal's death and cannot be used to transfer assets or conduct business after death.
Minnesota maintains two distinct legal tracks for delegating personal authority. Financial and property decisions fall under Minn. Stat. ch. 523, while healthcare decisions require a separate Health Care Directive under Minn. Stat. ch. 145C. A financial POA does not authorize an agent to make medical decisions, and a Health Care Directive does not authorize financial transactions. Many Minnesotans choose to sign both documents as part of a complete estate plan.
Durable Power of Attorney in Minnesota
Under Minnesota law, a power of attorney terminates if the principal later becomes mentally incapacitated unless the document contains language making it durable. This is a critical distinction. Without durability language, a POA becomes useless at precisely the moment it is most needed.
Under Minn. Stat. 523.07, a POA is durable when it contains language such as:
- "This power of attorney shall not be affected by incapacity or incompetence of the principal," or
- "This power of attorney shall become effective upon the incapacity or incompetence of the principal," or
- Similar words showing the principal's intent that authority continues notwithstanding the principal's subsequent incapacity.
The second formulation creates a springing durable POA, one that takes effect only when incapacity occurs. While this may seem appealing, springing POAs can create practical difficulties because third parties may demand formal medical documentation before they will accept the agent's authority. Most estate planning attorneys in Minnesota recommend a durable POA that is effective immediately upon signing.
Minnesota has not adopted the 2006 Uniform Power of Attorney Act. Under the UPOAA, a POA is durable by default unless the document states otherwise. In Minnesota, the opposite rule applies: a POA is not durable unless the document expressly says it is. This makes the choice of durability language a required drafting decision, not an optional one. If you want the agent to keep acting through an incapacity, get a free case evaluation from a Minnesota estate planning lawyer on the durability language before the notarized signing (attorney advertising).
Under Minn. Stat. 523.08, a durable POA terminates on the earliest of: the principal's death, a stated expiration date in the document, or (when granted to a spouse) the commencement of proceedings for dissolution, separation, or annulment of the marriage.
How to Create a Valid Minnesota Power of Attorney
Minnesota provides a Statutory Short Form Power of Attorney at Minn. Stat. 523.23. This is a standardized form with thirteen named power categories (A through M), plus an option N that grants all listed powers. A principal can use the short form by selecting the applicable categories and completing the required portions.
The formal requirements for the statutory short form are strict. Under Minn. Stat. 523.23, subdivision 3, the wording of the form must be duplicated exactly with no modifications, the required parts must be properly completed, and the principal's signature must be acknowledged before a notary public. No witnesses are required under ch. 523. The principal must also initial the important notice section of the form, confirming they have read the warnings about the authority being granted.
The agent named in the short form must also sign an acknowledgment that they have read and understood their duties and responsibilities under the form.
For the statutory short form to be valid, under Minn. Stat. 523.01, the power of attorney must be dated and signed by the principal and acknowledged by a notary public. A principal who is physically unable to sign may authorize another person to sign on their behalf, provided the signature is also acknowledged by a notary.
If a principal needs to record a real property transaction, Minn. Stat. 523.05 provides that a POA affecting real property may be recorded with the county recorder or registrar of titles, and an agent's authority to act in real property transactions is then established by that recorded instrument.
Minnesota also permits successor attorneys-in-fact. Under Minn. Stat. 523.131, a successor agent named in a statutory short form POA steps in if the original agent dies, resigns, or is otherwise unable to serve. If the original agents were required to act jointly, successors must also act jointly; if the originals could act individually, successors retain that flexibility. When only one agent remains due to the unavailability of all others, that sole remaining agent may act alone even if joint action was originally required.
Because the statutory short form's wording must be reproduced exactly, an online Minnesota power of attorney generator is a practical way to produce it correctly for signing and notarization.
What a Minnesota Agent Can and Cannot Do
An agent under a Minnesota power of attorney is held to a fiduciary standard. Under Minn. Stat. 523.21, the agent must act in the same manner as an ordinarily prudent person of discretion and intelligence would act in managing their own affairs. The agent must prioritize the principal's interests and keep complete records of all transactions entered into on the principal's behalf.
The thirteen power categories in the Minnesota statutory short form (Minn. Stat. 523.23) cover a wide range of financial and property acts, including:
- Banking and financial account transactions.
- Real property transactions, including buying, selling, and managing real estate.
- Tangible personal property transactions.
- Business operations and management.
- Insurance and annuity transactions.
- Estate, trust, and beneficiary transactions.
- Claims and litigation on the principal's behalf.
- Tax matters, including preparing and filing returns.
- Making gifts, where that power category is specifically selected.
The short form explicitly excludes healthcare decisions. An agent selected under the financial POA has no authority to make medical treatment decisions regardless of which power categories are checked.
An agent is personally liable to anyone harmed when the agent acts in bad faith while exercising power of attorney authority or fails to provide an accounting when legally required to do so. The agent has no affirmative duty to exercise any power granted; the agent cannot be compelled to act on the principal's behalf. But when the agent does act, the fiduciary standard and the bad-faith liability rule apply.
Third parties who deal with an agent in good faith and without actual notice of termination or revocation are protected under Minn. Stat. 523.19.
Health Care Directive in Minnesota
Minnesota's Health Care Directive under Minn. Stat. ch. 145C is a separate legal document from the financial POA and is the correct instrument for designating someone to make healthcare decisions. It can serve two functions: appointing a health care agent and/or stating the principal's own instructions about treatment preferences.
Under Minn. Stat. 145C.03, a valid Health Care Directive must be in writing, dated, include the principal's name, and be signed by a principal with capacity. The principal's signature must be verified by either a notary public or by witnesses. Minnesota law allows either method. If witnesses are used instead of a notary, at least one witness must not be a healthcare provider or employee providing direct care to the principal on the date of execution. A notary public may be a healthcare provider employee. The designated health care agent or any alternate agent cannot serve as a witness or notary for the directive they will act under.
Under Minn. Stat. 145C.07, a health care agent may make decisions only when the principal lacks decision-making capacity, as determined by a licensed physician, advanced practice registered nurse, or physician assistant. When the principal retains capacity, the agent has no authority to override the principal's own choices. Decisions made by the health care agent must align with the principal's known wishes and, when those wishes are unknown, with the principal's best interests.
The health care agent may visit the principal in a healthcare facility, be nominated as guardian in guardianship proceedings, and authorize treatment decisions including, if expressly stated in the directive, end-of-life care. The agent may not act before the principal has been determined to lack decision-making capacity, and may not override a principal who retains that capacity.
To revoke a Health Care Directive, under Minn. Stat. 145C.09, the principal may revoke at any time by a signed written revocation, by physical destruction of the document, or by a verbal statement of intent to revoke made in the presence of two witnesses (the witnesses need not be present at the same time). The statute specifies the methods of revocation but does not separately state when each method becomes effective.
Completing the Minnesota Short Form
The free generator linked above is a practical way to produce the Statutory Short Form, whose wording Minn. Stat. 523.23 requires to be duplicated exactly. PDFelement is paid software you can use to fill in the parts of that PDF you complete yourself, not to change its printed wording, or to convert a Health Care Directive draft to PDF. Its e-signature does not replace having your short form signature acknowledged before a notary public, and a Health Care Directive still needs a notary or witnesses under Minn. Stat. 145C.03.
Learn About PDFelementAffiliate disclosure: if you sign up through this link we may earn a commission, at no extra cost to you. Learn more
Revoking or Ending a Minnesota Power of Attorney
A Minnesota principal who retains mental capacity may revoke a financial power of attorney at any time. Under Minn. Stat. 523.11, revocation must be accomplished by a written instrument of revocation signed by the principal and, where applicable, acknowledged before a notary public. Revocation of a financial POA becomes effective only when the relevant party receives actual notice of the revocation.
For real property transactions, revocation is effective when the relevant party actually receives the revocation document, or when the revocation has been recorded with the county recorder or registrar of titles. This recording requirement protects subsequent parties who deal in good faith with an agent before learning of a revocation.
A guardian or conservator appointed by a court may also revoke a POA on behalf of a principal who has become incapacitated.
A Minnesota financial POA also ends automatically when:
- The principal dies.
- A stated expiration date in the document arrives (Minn. Stat. 523.075 and 523.08).
- The agent dies, resigns, or becomes unavailable and no successor agent is named or able to serve.
- In the case of a POA granted to a spouse, when proceedings for dissolution, separation, or annulment of the marriage begin (Minn. Stat. 523.08).
A new POA does not automatically revoke an earlier one. Principals who want a new document to supersede a prior one should include express revocation language in the new document and provide notice to any parties holding copies of the original.
Disclaimer: This page provides general legal information about Minnesota power of attorney laws and is not legal advice. Laws change, and individual circumstances vary. Consult a licensed Minnesota attorney for advice specific to your situation.
Statutes cited reflect their in-force version as of May 31, 2026.
More Minnesota Laws
Frequently Asked Questions
Is a Minnesota power of attorney durable by default?
No. Under Minn. Stat. 523.07, a Minnesota POA is durable only if the document contains express language showing the principal intends it to survive incapacity, such as stating the POA 'shall not be affected by incapacity or incompetence of the principal.' Without that language, the POA ends if the principal becomes incapacitated, which defeats the main planning purpose for most people. Minnesota has not adopted the UPOAA, under which durability would be the default.
Does Minnesota require witnesses for a power of attorney?
No. The Minnesota Statutory Short Form Power of Attorney under Minn. Stat. 523.23 does not require witnesses. The principal's signature must be acknowledged before a notary public. Notarization is the required formality for a valid financial POA; witnesses are not a statutory requirement under ch. 523.
What is the Minnesota Statutory Short Form Power of Attorney?
The Statutory Short Form is a standardized power of attorney form provided by Minn. Stat. 523.23. It lists thirteen categories of powers (A through M) that a principal can select. The form must be duplicated exactly as written with no modifications, and the principal's signature must be acknowledged before a notary. The form covers financial and property powers only; it explicitly excludes healthcare decisions.
Did Minnesota adopt the Uniform Power of Attorney Act?
No. Minnesota has not adopted the 2006 Uniform Power of Attorney Act (UPOAA). Minnesota operates under its own statutory framework at Minn. Stat. ch. 523 (sections 523.01 to 523.26). A key practical difference is that under the UPOAA a POA is durable by default, while in Minnesota durability must be expressly stated in the document.
Is a Health Care Directive the same as a financial power of attorney in Minnesota?
No. They are separate documents governed by different statutes. A financial POA under Minn. Stat. ch. 523 does not authorize healthcare decisions. A Health Care Directive under Minn. Stat. ch. 145C does not authorize financial transactions. The Health Care Directive also has different execution requirements: the principal's signature must be verified by either a notary or at least one qualified witness rather than the notary requirement that applies to the financial POA.
How does a Minnesota principal revoke a power of attorney?
Under Minn. Stat. 523.11, revocation must be in writing, signed by the principal, and acknowledged before a notary where applicable. Revocation of a financial POA is not effective until the relevant party actually receives notice. Written notice should be delivered to the agent and to any financial institutions or other parties relying on the POA. For real property transactions, recording the revocation with the county recorder provides constructive notice.
Can a Minnesota agent make gifts under a power of attorney?
Only if the gift power category is expressly selected in the Minnesota Statutory Short Form Power of Attorney (category H). Without that specific selection, the agent may not make gifts or transfers without consideration on the principal's behalf. Principals who want their agent to have gifting authority for estate planning purposes must choose that category when completing the statutory short form.
Updates
Independently fact-checked against the cited primary sources
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The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Minnesota Statutes, Chapter 523: POWERS OF ATTORNEY
§ 523.01AUTHORIZATIONIn force
A person who is a competent adult may, as principal, designate another person or an authorized corporation as the person's attorney-in-fact by a written power of attorney. The power of attorney is validly executed when it is dated and signed by the principal and, in the case of a signature on behalf of the principal, by another, or by a mark, acknowledged by a notary public. Only powers of attorney validly created pursuant to this section or section 523.02 are validly executed powers of attorney for the purposes of sections 523.01 to 523.24.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 6 court opinions in our collectionLatest citing opinion in our collection: 2016
Opinions citing this section in our collection:
- CitiMortgage, Inc. a successor by merger to ABN AMRO Mortgage Group, Inc. v. Sandra Lee Akers, William Lee Akers (Court of Appeals of Minnesota 2014, 858 N.W.2d 788)“…rney document must be “dated and signed by the principal.” Minn. Stat. § 523.01 (2012). In this case, the power-of-att…”
- TIMELINE, LLC v. Williams Holdings 3, LLC (Court of Appeals of Minnesota 2005, 698 N.W.2d 181)“…der Minn. Stat. § 580.25 . For contextual purposes, Minn.Stat. § 523.01 (2002) explains when one party is autho…”
- State v. Milliman (Court of Appeals of Minnesota 2011, 802 N.W.2d 776)“…subd. 1(c), 507.02, .071, subd. 7 (2010); see generally Minn.Stat. §§ 523.01 to .25 (2010). In doing so, the legisla…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.07DURABLE POWER OF ATTORNEYIn force
A power of attorney is durable if it contains language such as "This power of attorney shall not be affected by incapacity or incompetence of the principal" or "This power of attorney shall become effective upon the incapacity or incompetence of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal's later incapacity or incompetence.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 523.23STATUTORY SHORT FORM OF GENERAL POWER OF ATTORNEY; FORMAL REQUIREMENTS; JOINT AGENTSIn force
Subdivision 1. Form. The following form may be used to create a power of attorney, and, when used, it must be construed in accordance with sections 523.23 and 523.24: STATUTORY SHORT FORM POWER OF ATTORNEY MINNESOTA STATUTES, SECTION 523.23 Before completing and signing this form, the principal must read and initial the IMPORTANT NOTICE TO PRINCIPAL that appears after the signature lines in this form. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this form acknowledging having read and understood the IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT that appears after the notice to the principal. PRINCIPAL (Name and Address of Person Granting the Power) . . . ATTORNEY(S)-IN-FACT SUCCESSOR ATTORNEY(S)-IN-FACT (Name and Address) (Optional) To act if any named attorney-in-fact dies, resigns, or is otherwise unable to serve. (Name and Address) . First Successor . . . . . . Second Successor . . . . . NOTICE: If more than one attorney-in-fact is designated to act at the same time, make a check or "x" on the line in front of one of the following statements: ... Each attorney-in-fact EXPIRATION DATE (Optional) may independently exercise . . , . the powers granted.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 10 court opinions in our collectionLatest citing opinion in our collection: 2024
Opinions citing this section in our collection:
- Will & Appointment of Estate of Kipke v. Kipka (Court of Appeals of Minnesota 2002, 645 N.W.2d 727)“…of dissolution, legal separation, or annulment of marriage. Minn.Stat. § 523.23, subd. 1 (2000). This language, it seem…”
- In re Eichhorn-Hicks (Supreme Court of Minnesota 2018, 916 N.W.2d 32)“…olated Minnesota law regarding a power of attorney. See Minn. Stat. § 523.23 , subd. 1 (2016) (when acting for the…”
- In re Trombley (Supreme Court of Minnesota 2018, 916 N.W.2d 362)“…ncipal, that the attorney acts under a power of attorney. Minn. Stat. § 523.23 , subd. 1 (2016). But the version of t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.21DUTIES OF AN ATTORNEY-IN-FACTIn force
The attorney-in-fact shall keep complete records of all transactions entered into by the attorney-in-fact on behalf of the principal. The attorney-in-fact has no duty to render an accounting of those transactions unless: (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. A written statement that gives reasonable notice of all transactions entered into by the attorney-in-fact on behalf of the principal is an adequate accounting. The persons entitled to examine and copy the records of the attorney-in-fact are the principal, a person designated by the principal in the document creating the power of attorney as the recipient of accountings required by this section, and 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 death of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 13 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- Molde v. CitiMortgage, Inc. (Court of Appeals of Minnesota 2010, 781 N.W.2d 36)“…07 N.W.2d 731, 737 (Minn.App.2006); see also Minn.Stat. § 523.21 (2008) (describing relationship between…”
- In re Disciplinary Action Against Fett (Supreme Court of Minnesota 2010, 790 N.W.2d 840)“…rother’s estate for unauthorized transfers of assets, see Minn.Stat. § 523.21 (2008), and even for treble damages, s…”
- State v. Campbell (Court of Appeals of Minnesota 2008, 756 N.W.2d 263)“…hip is implicit in the creation of a POA. See Minn. Stat. § 523.21 (2006) (“In exercising any power confe…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.11REVOCATION OF A POWERIn force
Subdivision 1. Manner. An executed power of attorney may be revoked only by a written instrument of revocation signed by the principal and, in the case of a signature on behalf of the principal by another or a signature by a mark, acknowledged before a notary public. The conservator or guardian of the principal has the same power the principal would have if the principal were not incapacitated or incompetent to revoke, suspend, or terminate all or any part of the power of attorney. Subd. 2. Effect; definition of actual notice of revocation. Revocation of an executed power of attorney is not effective as to any party unless that party has actual notice of the revocation. As used in this chapter, "actual notice of revocation" means that a written instrument of revocation has been received by the party. In real property transactions only, "actual notice of revocation" means that a written instrument of revocation has been received by the party, or that a written instrument of revocation containing the legal description of the real property has been recorded in the office of the county recorder or filed in the office of the registrar of titles.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2008
Opinions citing this section in our collection:
- In Re the Welfare of the Child of T.C.M. (Court of Appeals of Minnesota 2008, 758 N.W.2d 340)“…e, by their nature, revocable instruments. See Minn.Stat. § 523.11 (2006); see also Minn.Stat…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.08TERMINATION OF A DURABLE POWERIn force
A durable power of attorney terminates on the earliest to occur of the death of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, upon the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 2 court opinions in our collectionLatest citing opinion in our collection: 2018
Opinions citing this section in our collection:
- In re Trombley (Supreme Court of Minnesota 2018, 916 N.W.2d 362)“…attorney terminates at the death of the principal. See Minn. Stat. § 523.08 (2016). Because Trombley's actions di…”
- In the Matter of: Trust Agreement of Don D. Henyan Created Under Agreement Dated May 1, 2006, as Amended. (Court of Appeals of Minnesota 2016)“…attorney-in-fact status terminated on decedent’s death. See Minn. Stat. § 523.08 (2014). Henyan’s brief identifies only…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.19THIRD PARTIES HELD HARMLESSIn force
Any party accepting the authority of an attorney-in-fact to exercise a power granted by a power of attorney is not liable to the principal, to the heirs and assigns of the principal, or to any representative of the estate of the principal if: (1) the applicable provisions of sections 523.17 and 523.18 have been satisfied; (2) the provisions of section 523.16 have been satisfied, if applicable; (3) the party has no actual notice of the revocation of the power of attorney prior to the transaction; (4) the party has no actual knowledge of the death of the principal and, if the power of attorney is not a durable power of attorney, has not received actual notice of a judicial determination that the principal is legally incapacitated or incompetent; and (5) the duration of the power of attorney specified in the power of attorney itself, if any, has not expired. A good faith purchaser from any party who has obtained an interest in property from an attorney-in-fact is not liable to the principal, the heirs or assigns of the principal, or the representative of the estate of the principal.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 523.05RECORDINGIn force
If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the power of attorney and any affidavit authorized under sections 523.01 to 523.24 when authenticated for record in conformity with section 507.24, are also recordable.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2005
Opinions citing this section in our collection:
- TIMELINE, LLC v. Williams Holdings 3, LLC (Court of Appeals of Minnesota 2005, 698 N.W.2d 181)“…d in conformity with section 507.24, are also recordable.” Minn. Stat. § 523.05 (2002). Under Minn.Stat. § 507.24, sub…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 523.131QUALIFICATION OF SUCCESSOR ATTORNEY-IN-FACT IN STATUTORY SHORT FORM POWER OF ATTORNEYIn force
If two or more attorneys-in-fact are originally appointed and one dies, resigns, or is unable to serve, a successor attorney-in-fact named in a power of attorney executed in conformity with section 523.23 or a form prepared under section 523.231 replaces the attorney-in-fact who dies, resigns, or is unable to serve. If the original attorneys-in-fact were required to act jointly, the attorneys-in-fact acting at any time must act jointly. If the original attorneys-in-fact were allowed to act individually, the attorneys-in-fact acting at any time may act individually. If attorneys-in-fact acting at any time are required to act jointly, and there is only one remaining attorney-in-fact because of the death, resignation, or inability to serve of all other original and successor attorneys-in-fact, the remaining attorney-in-fact may act alone.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
§ 523.075EXPIRATION DATE IN A POWER OF ATTORNEYIn force
In a power of attorney, an expiration date, if any, must be stated in terms of a specific month, day, and year. An expiration date stated in any other way has no effect.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Minnesota Statutes, Chapter 145C: HEALTH CARE DIRECTIVES
§ 145C.03REQUIREMENTSIn force
Subdivision 1. Legal sufficiency. To be legally sufficient in this state, a health care directive must: (1) be in writing; (2) be dated; (3) state the principal's name; (4) be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal; (5) contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and (6) include a health care instruction, a health care power of attorney, or both. Subd. 2. Individuals ineligible to act as health care agent. (a) An individual appointed by the principal under section 145C.05, subdivision 2, paragraph (b), to make the determination of the principal's decision-making capacity is not eligible to act as the health care agent.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- In re: Guardianship of Jill Lee Osufsen (Court of Appeals of Minnesota 2023)“…wer of attorney “doesn’t appear to meet the requirements of Minn. Stat.§ 145C.03, subd. 1.” Such a conclusory assertion…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 145C.07AUTHORITY AND DUTIES OF HEALTH CARE AGENTIn force
Subdivision 1. Authority. The health care agent has authority to make any particular health care decision only if the principal lacks decision-making capacity, in the determination of the attending physician, advanced practice registered nurse, or physician assistant, to make or communicate that health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met. The physician, advanced practice registered nurse, physician assistant, or other health care provider shall continue to obtain the principal's informed consent to all health care decisions for which the principal has decision-making capacity, unless other conditions for effectiveness otherwise specified by the principal have been met. An alternate health care agent has authority to act if the primary health care agent is not reasonably available to act. Subd. 2. Health care agent as guardian. Unless the principal has otherwise specified in the health care directive, the appointment of the health care agent in a health care directive is considered a nomination of a guardian for purposes of sections 524.5-101 to 524.5-502. Subd. 3. Duties.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Cited in 1 court opinions in our collectionLatest citing opinion in our collection: 2007
Opinions citing this section in our collection:
- In Re Guardianship of Wells (Court of Appeals of Minnesota 2007, 733 N.W.2d 506)“…tion of a guardian for purposes of [the Guardianship Act].” Minn.Stat. § 145C.07, subd. 2 (2006). But more importantly,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 145C.09REVOCATION OF HEALTH CARE DIRECTIVEIn force
Subdivision 1. Revocation. A principal with the capacity to do so may revoke a health care directive in whole or in part at any time by doing any of the following: (1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health care directive instrument or directing another in the presence of the principal to destroy the health care directive instrument, with the intent to revoke the health care directive in whole or in part; (2) executing a statement, in writing and dated, expressing the principal's intent to revoke the health care directive in whole or in part; (3) verbally expressing the principal's intent to revoke the health care directive in whole or in part in the presence of two witnesses who do not have to be present at the same time; or (4) executing a subsequent health care directive, to the extent the subsequent instrument is inconsistent with any prior instrument. Subd. 2. Effect of marriage dissolution, annulment, or termination of domestic partnership.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at revisor.mn.gov
Explore the law
This article also draws on these acts and chapters (opening at their first section): Minnesota Statutes, Chapter 145C: HEALTH CARE DIRECTIVES § 145C.01 (DEFINITIONS)
Related law for further reading — not part of this article’s citations.
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Sources and References
- Minn. Stat. ch. 523 : Power of Attorney(revisor.mn.gov)
- Minn. Stat. 523.01 : Authorization (execution requirements)(revisor.mn.gov)
- Minn. Stat. 523.07 : Durable Power of Attorney(revisor.mn.gov)
- Minn. Stat. 523.08 : Termination of a Durable Power(revisor.mn.gov)
- Minn. Stat. 523.11 : Revocation of a Power(revisor.mn.gov)
- Minn. Stat. 523.21 : Duties of an Attorney-in-Fact(revisor.mn.gov)
- Minn. Stat. 523.23 : Statutory Short Form of General Power of Attorney(revisor.mn.gov)
- Minn. Stat. 523.131 : Qualification of Successor Attorney-in-Fact(revisor.mn.gov)
- Minn. Stat. ch. 145C : Health Care Directives(revisor.mn.gov)
- Minn. Stat. 145C.03 : Health Care Directive Requirements(revisor.mn.gov)
- Minn. Stat. 145C.07 : Authority and Duties of Health Care Agent(revisor.mn.gov)
- Minn. Stat. 145C.09 : Revocation of Health Care Directive(revisor.mn.gov)
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