Bill Text: MN HF232 | 2013-2014 | 88th Legislature | Engrossed


Bill Title: Statutory short form power of attorney modified, and judicial relief authorized.

Status: (Passed) 2013-04-25 - Secretary of State Chapter 23 04/24/13 [HF232 Detail]

Download: Minnesota-2013-HF232-Engrossed.html

1.1A bill for an act
1.2relating to civil law; modifying the statutory short form power of attorney;
1.3authorizing certain judicial relief; amending Minnesota Statutes 2012, sections
1.4523.20; 523.23, subdivision 1, by adding a subdivision; 523.24, subdivisions 8,
1.514; proposing coding for new law in Minnesota Statutes, chapter 523.
1.6BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7    Section 1. Minnesota Statutes 2012, section 523.20, is amended to read:
1.8523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF
1.9ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.
1.10Any party refusing to accept the authority of an attorney-in-fact to exercise a power
1.11granted by a power of attorney which (1) is executed in conformity with section 523.23
1.12or a form prepared under section 523.231; (2) contains a specimen signature of the
1.13attorney-in-fact authorized to act; (3) for a power of attorney executed on or after January
1.141, 2014, contains an acknowledgement that the attorney-in-fact has read and understood
1.15the notice to the attorney-in-fact required under section 523.23; (4) with regard to the
1.16execution or delivery of any recordable instrument relating to real property, is accompanied
1.17by affidavits that satisfy the provisions of section 523.17; (4) (5) with regard to any other
1.18transaction, is signed by the attorney-in-fact in a manner conforming to section 523.18;
1.19and (5) (6) when applicable, is accompanied by an affidavit and any other document
1.20required by section 523.16, is liable to the principal and to the principal's heirs, assigns,
1.21and representative of the estate of the principal in the same manner as the party would be
1.22liable had the party refused to accept the authority of the principal to act on the principal's
1.23own behalf unless: (1) the party has actual notice of the revocation of the power of attorney
1.24prior to the exercise of the power; (2) the duration of the power of attorney specified in the
2.1power of attorney itself has expired; or (3) the party has actual knowledge of the death of
2.2the principal or, if the power of attorney is not a durable power of attorney, actual notice of
2.3a judicial determination that the principal is legally incompetent. This provision does not
2.4negate any liability which a party would have to the principal or to the attorney-in-fact
2.5under any other form of power of attorney under the common law or otherwise.

2.6    Sec. 2. Minnesota Statutes 2012, section 523.23, subdivision 1, is amended to read:
2.7    Subdivision 1. Form. The following form may be used to create a power of attorney,
2.8and, when used, it must be construed in accordance with sections 523.23 and 523.24:
2.9STATUTORY SHORT FORM POWER OF ATTORNEY
2.10MINNESOTA STATUTES, SECTION 523.23
2.11IMPORTANT NOTICE: The powers granted by this document are broad and
2.12sweeping. They are defined in Minnesota Statutes, section 523.24. If you have any
2.13questions about these powers, obtain competent advice. This power of attorney may be
2.14revoked by you if you wish to do so. This power of attorney is automatically terminated
2.15if it is to your spouse and proceedings are commenced for dissolution, legal separation,
2.16or annulment of your marriage. This power of attorney authorizes, but does not require,
2.17the attorney-in-fact to act for you.
2.18Before completing and signing this form, the principal must read and initial the
2.19IMPORTANT NOTICE TO PRINCIPAL that appears after the signature lines in this
2.20form. Before acting on behalf of the principal, the attorney(s)-in-fact must sign this
2.21form acknowledging having read and understood the IMPORTANT NOTICE TO
2.22ATTORNEY(S)-IN-FACT that appears after the notice to the principal.
2.23PRINCIPAL (Name and Address of Person Granting the Power)
2.24
.....
2.25
.....
2.26
.....
2.27
2.28
ATTORNEY(S)-IN-FACT
SUCCESSOR
ATTORNEY(S)-IN-FACT
2.29
2.30
2.31
(Name and Address)
(Optional) To act if any named
attorney-in-fact dies, resigns, or is
otherwise unable to serve.
2.32
(Name and Address)
2.33
.....
First Successor
.....
2.34
.....
.....
2.35
.....
.....
2.36
.....
Second Successor
.....
2.37
.....
.....
3.1
.....
.....
3.2
3.3
3.4
3.5
3.6
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:
3.7
... Each attorney-in-fact
EXPIRATION DATE (Optional)
3.8
3.9
may independently
exercise
.....
..... ,
.....
3.10
the powers granted.
Use Specific Month
Day
Year Only
3.11
... All attorneys-in-fact
3.12
must jointly exercise the
3.13
powers granted.
3.14I, (the above-named Principal) hereby appoint the above named Attorney(s)-in-Fact to act
3.15as my attorney(s)-in-fact:
3.16FIRST: To act for me in any way that I could act with respect to the following
3.17matters, as each of them is defined in Minnesota Statutes, section 523.24:
3.18(To grant to the attorney-in-fact any of the following powers, make a check or "x" on
3.19the line in front of each power being granted. You may, but need not, cross out each power
3.20not granted. Failure to make a check or "x" on the line in front of the power will have the
3.21effect of deleting the power unless the line in front of the power of (N) is checked or x-ed.)
3.22
.....
(A)
real property transactions;
3.23
3.24
I choose to limit this power to real property in ..... County,
Minnesota, described as follows:
3.25
(Use legal description. Do not use street address.)
3.26
.....
3.27
.....
3.28
.....
3.29
.....
3.30
(If more space is needed, continue on the back or on an attachment.)
3.31
.....
(B)
tangible personal property transactions;
3.32
.....
(C)
bond, share, and commodity transactions;
3.33
.....
(D)
banking transactions;
3.34
.....
(E)
business operating transactions;
3.35
.....
(F)
insurance transactions;
3.36
.....
(G)
beneficiary transactions;
3.37
.....
(H)
gift transactions;
3.38
.....
(I)
fiduciary transactions;
3.39
.....
(J)
claims and litigation;
3.40
.....
(K)
family maintenance;
3.41
.....
(L)
benefits from military service;
4.1
.....
(M)
records, reports, and statements;
4.2
4.3
4.4
.....
(N)
all of the powers listed in (A) through (M) above and all other matters,
other than health care decisions under a health care directive that complies
with Minnesota Statutes, chapter 145C.
4.5SECOND: (You must indicate below whether or not this power of attorney will be
4.6effective if you become incapacitated or incompetent. Make a check or "x" on the line in
4.7front of the statement that expresses your intent.)
4.8
4.9
.....
This power of attorney shall continue to be effective if I become incapacitated or
incompetent.
4.10
4.11
.....
This power of attorney shall not be effective if I become incapacitated or
incompetent.
4.12THIRD: (You must indicate below whether or not this power of attorney authorizes
4.13the attorney-in-fact to transfer your property to the attorney-in-fact. Make a check or "x"
4.14on the line in front of the statement that expresses your intent.)
4.15
4.16
.....
This power of attorney authorizes the attorney-in-fact to transfer my property
to the attorney-in-fact.
4.17
4.18
.....
This power of attorney does not authorize the attorney-in-fact to transfer my
property to the attorney-in-fact.
4.19THIRD: My attorney(s)-in-fact MAY NOT make gifts to the attorney(s)-in-fact, or
4.20anyone the attorney(s)-in-fact are legally obligated to support, UNLESS I have made a
4.21check or an "x" on the line in front of the second statement below and I have written in the
4.22name(s) of the attorney(s)-in-fact. The second option allows you to limit the gifting power
4.23to only the attorney(s)-in-fact you name in the statement.
4.24Minnesota Statutes, section 523.24, subdivision 8, clause (2), limits the annual
4.25gift(s) made to my attorney(s)-in-fact, or to anyone the attorney(s)-in-fact are legally
4.26obligated to support, to an amount, in the aggregate, that does not exceed the federal
4.27annual gift tax exclusion amount in the year of the gift.
4.28
4.29
.....
I do not authorize any of my attorney(s)-in-fact to make gifts to themselves or to
anyone the attorney(s)-in-fact have a legal obligation to support.
4.30
4.31

.....
I authorize ..... (write in name(s)), as my attorney(s)-in-fact, to make gifts to
themselves or to anyone the attorney(s)-in-fact have a legal obligation to support.
4.32FOURTH: (You may indicate below whether or not the attorney-in-fact is required
4.33to make an accounting. Make a check or "x" on the line in front of the statement that
4.34expresses your intent.)
4.35
4.36
.....
My attorney-in-fact need not render an accounting unless I request it or the
accounting is otherwise required by Minnesota Statutes, section 523.21.
4.37
.....
My attorney-in-fact must render
.....
4.38
(Monthly, Quarterly, Annual)
4.39
accountings to me or
.....
5.1
(Name and Address)
5.2
5.3
during my lifetime, and a final accounting to the personal representative of my
estate, if any is appointed, after my death.
5.4In Witness Whereof I have hereunto signed my name this ..... day of ..... ,
.....
5.5
.....
5.6
(Signature of Principal)
5.7
(Acknowledgment of Principal)
5.8
STATE OF MINNESOTA
)
5.9
) ss.
5.10
COUNTY OF
)
5.11
The foregoing instrument was acknowledged before me this ..... day of .........., ........,
5.12
by
.....
5.13
(Insert Name of Principal)
5.14
.....
5.15
5.16
(Signature of Notary Public or
other Official)
5.17
5.18
Acknowledgement of notice to attorney(s)-in-fact and specimen signature of
attorney(s)-in-fact.
5.19
5.20
5.21
5.22
By signing below, I acknowledge I have read and understand the IMPORTANT NOTICE
TO ATTORNEY(S)-IN-FACT required by Minnesota Statutes, section 523.23, and
understand and accept the scope of any limitations to the powers and duties delegated
to me by this instrument.
5.23
(Notarization not required)
5.24
.....
5.25
.....
5.26
5.27
This instrument was drafted by:
Specimen Signature of
Attorney(s)-in-Fact
5.28
(Notarization not required)
5.29
.....
.....
5.30
.....
.....
5.31
.....
.....
5.32
.....
.....
5.33IMPORTANT NOTICE TO THE PRINCIPAL
5.34READ THIS NOTICE CAREFULLY. The power of attorney form that you will be
5.35signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is
5.36anything about this form that you do not understand, you should seek legal advice.
5.37PURPOSE: The purpose of the power of attorney is for you, the principal, to give
5.38broad and sweeping powers to your attorney(s)-in-fact, who is the person you designate to
5.39handle your affairs. Any action taken by your attorney(s)-in-fact pursuant to the powers
6.1you designate in this power of attorney form binds you, your heirs and assigns, and the
6.2representative of your estate in the same manner as though you took the action yourself.
6.3POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into
6.4transactions relating to any of your real or personal property, even without your consent or
6.5any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and
6.6not supervised. THIS POWER OF ATTORNEY DOES NOT GRANT ANY POWERS
6.7TO MAKE HEALTH CARE DECISIONS FOR YOU. TO GIVE SOMEONE THOSE
6.8POWERS, YOU MUST USE A HEALTH CARE DIRECTIVE THAT COMPLIES WITH
6.9MINNESOTA STATUTES, CHAPTER 145C.
6.10DUTIES OF YOUR ATTORNEY(S)-IN-FACT: Your attorney(s)-in-fact must keep
6.11complete records of all transactions entered into on your behalf. You may request that your
6.12attorney(s)-in-fact provide you or someone else that you designate a periodic accounting,
6.13which is a written statement that gives reasonable notice of all transactions entered into on
6.14your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact
6.15reimburses himself or herself for any expenditure they made on behalf of you.
6.16An attorney-in-fact is personally liable to any person, including you, who is injured
6.17by an action taken by an attorney-in-fact in bad faith under the power of attorney or by an
6.18attorney-in-fact's failure to account when the attorney-in-fact has a duty to account under
6.19this section. The attorney(s)-in-fact must act with your interests utmost in mind.
6.20TERMINATION: If you choose, your attorney(s)-in-fact may exercise these powers
6.21throughout your lifetime, both before and after you become incapacitated. However, a
6.22court can take away the powers of your attorney(s)-in-fact because of improper acts.
6.23You may also revoke this power of attorney if you wish. This power of attorney is
6.24automatically terminated if the power is granted to your spouse and proceedings are
6.25commenced for dissolution, legal separation, or annulment of your marriage.
6.26This power of attorney authorizes, but does not require, the attorney(s)-in-fact to
6.27act for you. You are not required to sign this power of attorney, but it will not take effect
6.28without your signature. You should not sign this power of attorney if you do not understand
6.29everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it.
6.30Please place your initials on the following line indicating you have read this
6.31IMPORTANT NOTICE TO THE PRINCIPAL: .......
6.32
IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT
6.33You have been nominated by the principal to act as an attorney-in-fact. You are
6.34under no duty to exercise the authority granted by the power of attorney. However, when
6.35you do exercise any power conferred by the power of attorney, you must:
6.36(1) act with the interests of the principal utmost in mind;
7.1(2) exercise the power in the same manner as an ordinarily prudent person of
7.2discretion and intelligence would exercise in the management of the person's own affairs;
7.3(3) render accountings as directed by the principal or whenever you reimburse
7.4yourself for expenditures made on behalf of the principal;
7.5(4) act in good faith for the best interest of the principal, using due care, competence,
7.6and diligence;
7.7(5) cease acting on behalf of the principal if you learn of any event that terminates
7.8this power of attorney or terminates your authority under this power of attorney, such
7.9as revocation by the principal of the power of attorney, the death of the principal, or
7.10the commencement of proceedings for dissolution, separation, or annulment of your
7.11marriage to the principal;
7.12(6) disclose your identity as an attorney-in-fact whenever you act for the principal
7.13by signing in substantially the following manner:
7.14Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of
7.15the principal) by (name of the attorney-in-fact) the principal's attorney-in-fact";
7.16(7) acknowledge you have read and understood this IMPORTANT NOTICE TO
7.17THE ATTORNEY(S)-IN-FACT by signing the power of attorney form.
7.18You are personally liable to any person, including the principal, who is injured by
7.19an action taken by you in bad faith under the power of attorney or by your failure to
7.20account when the duty to account has arisen.
7.21The meaning of the powers granted to you is contained in Minnesota Statutes,
7.22chapter 523. If there is anything about this document or your duties that you do not
7.23understand, you should seek legal advice.

7.24    Sec. 3. Minnesota Statutes 2012, section 523.23, is amended by adding a subdivision
7.25to read:
7.26    Subd. 6. Effective date of amendments. The amendments to the form under
7.27subdivision 1 and to section 523.24, subdivision 8, that are contained in this act are effective
7.28January 1, 2014, and apply to powers of attorney executed on or after that date. These
7.29amendments do not invalidate or impair a power of attorney executed before that date.

7.30    Sec. 4. Minnesota Statutes 2012, section 523.24, subdivision 8, is amended to read:
7.31    Subd. 8. Gift transactions. In the statutory short form power of attorney, the
7.32language conferring general authority with respect to gift transactions, means that the
7.33principal authorizes the attorney-in-fact:
8.1(1) to make gifts to organizations, whether charitable or otherwise, to which the
8.2principal has made gifts, and to satisfy pledges made to organizations by the principal;
8.3(2) to make gifts on behalf of the principal to the principal's spouse, children, and
8.4other descendants or the spouse of any child or other descendant, and, if authorized by
8.5the principal in part Third, to the attorney-in-fact, either outright or in trust, for purposes
8.6which the attorney-in-fact deems to be in the best interest of the principal, specifically
8.7including minimization of income, estate, inheritance, or gift taxes, provided that,
8.8notwithstanding that the principal in part Third may have authorized the attorney-in-fact
8.9to transfer the principal's property to the attorney-in-fact, no attorney-in-fact nor anyone
8.10the attorney-in-fact has a legal obligation to support may be the recipient of any gifts in
8.11any one calendar year which, in the aggregate, exceed $10,000 in value to each recipient
8.12 the federal annual gift tax exclusion amount in the year of the gift;
8.13(3) to prepare, execute, consent to on behalf of the principal, and file any return,
8.14report, declaration, or other document required by the laws of the United States, any state
8.15or subdivision of a state, or any foreign government, which the attorney-in-fact deems to be
8.16desirable or necessary with respect to any gift made under the authority of this subdivision;
8.17(4) to execute, acknowledge, seal, and deliver any deed, assignment, agreement,
8.18authorization, check, or other instrument which the attorney-in-fact deems useful for the
8.19accomplishment of any of the purposes enumerated in this subdivision;
8.20(5) to prosecute, defend, submit to arbitration, settle, and propose or accept a
8.21compromise with respect to any claim existing in favor of or against the principal based
8.22on or involving any gift transaction or to intervene in any related action or proceeding;
8.23(6) to hire, discharge, and compensate any attorney, accountant, expert witness, or
8.24other assistant when the attorney-in-fact deems that action to be desirable for the proper
8.25execution by the attorney-in-fact of any of the powers described in this subdivision, and
8.26for the keeping of needed records; and
8.27(7) in general, and in addition to but not in contravention of all the specific acts
8.28listed in this subdivision, to do any other acts which the attorney-in-fact deems desirable
8.29or necessary to complete any gift on behalf of the principal.
8.30All powers described in this subdivision are exercisable equally with respect to a gift
8.31of any property in which the principal is interested at the giving of the power of attorney
8.32or becomes interested after that time, and whether located in the state of Minnesota or
8.33elsewhere.

8.34    Sec. 5. Minnesota Statutes 2012, section 523.24, subdivision 14, is amended to read:
9.1    Subd. 14. All other matters. In a statutory short form power of attorney, the
9.2language conferring general authority with respect to all other matters, means that the
9.3principal authorizes the attorney-in-fact to act as an alter ego of the principal with respect
9.4to any and all possible matters and affairs affecting property owned by affecting the affairs
9.5of the principal which are not enumerated in subdivisions 1 to 13, and which the principal
9.6can do through an agent. The language conferring general authority does not include any
9.7powers to make health care decisions for the principal.

9.8    Sec. 6. [523.26] JUDICIAL RELIEF.
9.9(a) The principal or any interested person, as defined in section 524.5-102,
9.10subdivision 7, may petition the court for a protective order directing an attorney-in-fact to
9.11provide an accounting, on a schedule directed by a court, or for any other relief as provided
9.12in sections 524.5-401 to 524.5-502. The principal or a person named by the principal in
9.13the power of attorney to receive accountings is entitled to recover reasonable attorney fees
9.14and costs if the court finds that the attorney-in-fact failed to render an accounting to the
9.15principal or any person named by the principal in the power of attorney form to receive
9.16accountings after the duty to render an accounting arose.
9.17(b) This section is effective August 1, 2013, and applies to powers of attorney
9.18executed before, on, or after that date.
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