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.
1984 c 603 s 9; 1986 c 444; 1992 c 548 s 9
Structure Minnesota Statutes
Chapters 520 - 523 — Fiduciaries; Powers Of Attorney
Chapter 523 — Powers Of Attorney
Section 523.01 — Authorization.
Section 523.02 — Common Law, Preexisting And Foreign Powers Of Attorney.
Section 523.04 — Presumption Of Valid Execution.
Section 523.06 — Certification.
Section 523.07 — Durable Power Of Attorney.
Section 523.075 — Expiration Date In A Power Of Attorney.
Section 523.08 — Termination Of A Durable Power.
Section 523.09 — Termination Of A Nondurable Power Of Attorney.
Section 523.10 — Missing Persons Presumed Living.
Section 523.11 — Revocation Of A Power.
Section 523.12 — Power Of Attorney-in-fact To Bind Principal.
Section 523.13 — Multiple Attorneys-in-fact.
Section 523.14 — Successor Attorney-in-fact Not Liable For Acts Of Predecessor.
Section 523.15 — Co-attorneys-in-fact Not Liable For Acts Of Each Other.
Section 523.16 — Affidavit As Proof Of Authority Of Attorney-in-fact.
Section 523.18 — Signature Of Attorney-in-fact As Conclusive Proof Of Nontermination.
Section 523.19 — Third Parties Held Harmless.
Section 523.21 — Duties Of An Attorney-in-fact.
Section 523.22 — Liability Of Attorney-in-fact For Improper Execution Of Affidavits And Signature.