In Minnesota, revoking or terminating or ending a Power of Attorney is more cumbersome that it might appear. Thus, this article will address how a properly executed Power of Attorney form in Minnesota can be revoked.
The first way a Power of Attorney can be revoked is through expiration. In Minnesota, a Power of Attorney expires if the document specifies a month, day, and year. Unfortunately, an expiration date stated in any other way has no affect. The rules governing an expiration of a Power of Attorney can be found under Minnesota Statute 523.075.
The second way a Power of Attorney can be terminated or ended is when the principal dies. In other words, a person cannot do things for another person as their Power of Attorney if the principal is dead. Although it might be obvious, death and an incapacity (like being unconscious or in a coma) are not the same.
The third way a Power of Attorney can be terminated or ended is by utilizing a written instrument signed by the principal and before a notary public. It is the opinion of this law office that the written instrument needs to be served onto the Power of Attorney too. Additionally, it is important to note that destroying a piece of paper designating another person as their Power of Attorney is not enough to terminate the power. This is true even if the person having the power didn’t know or realize they were another person’s Power of Attorney.
At first glance, this might seem surprising. None the less, the rule in Minnesota is a Power of Attorney can be revoked only through a written instrument, by death, or upon a specific expiration expressed under the Power of Attorney.