Written by Benjamin Kingsley

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.

In Minnesota, revoking a power of attorney is governed by Minnesota Statutes Section 523.11. This statute outlines the process and requirements for terminating a power of attorney in the state:

523.11 REVOCATION OF A POWER.

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. Recorded or filed revocation is actual notice of revocation of a power of attorney only as to any interest in real property described in the revocation and located in the county where it is recorded.

To revoke a power of attorney in Minnesota, the principal (the person who originally granted the power of attorney) must take specific steps. According to the statute, the principal may revoke a power of attorney by:

1. Executing a written revocation and giving notice of the revocation to the attorney-in-fact (the person who was granted the power of attorney).

2. Executing a new power of attorney that expressly revokes the previous power of attorney or states that all other powers of attorney are revoked.

It is important to note that the revocation becomes effective when the attorney-in-fact receives notice of the revocation. The principal should ensure that the notice is delivered in a manner that can be documented, such as certified mail with return receipt requested or personal delivery with a signed acknowledgment of receipt.

Additionally, the principal should notify any third parties who may have been relying on the power of attorney, such as banks, healthcare providers, or other institutions. This helps prevent the attorney-in-fact from continuing to act under the revoked power of attorney.

Do you have questions about or need assistance with a power of attorney? Please click here to email us at contact@legalandme.com.

Do you need a power of attorney form? We make a do-it-yourself power of attorney: finance power of attorney or healthcare power of attorney.