Subdivision 1. Form of affidavit. An affidavit of nontermination or nonrevocation in support of a real property transaction may be substantially in the following form:
AFFIDAVIT BY ATTORNEY IN FACT
An affidavit by the attorney-in-fact under subdivision 1 is conclusive proof that the power of attorney has not terminated or been revoked, and that the powers granted extended to the property described in the power of attorney or any attachment to it, as of the time of the exercise of the power, as to any party relying on the affidavit except any party dealing directly with the attorney-in-fact who has actual knowledge that the power of attorney had terminated prior to the exercise of the power or actual notice of the revocation of the power of attorney or actual knowledge that the powers do not extend to the real property legally described in the power of attorney, including any attachment.
Subd. 3. Real property transactions on behalf of entities. When the principal under a power of attorney in a real property transaction is a corporation, partnership, limited liability company, or trust, the provisions of section 507.24, subdivision 2, 508.48, or 508A.48, as appropriate, and of section 523.18 shall apply, and an affidavit under this section shall not be required.
1984 c 603 s 19; 1992 c 548 s 16; 1998 c 254 art 1 s 107; 2009 c 30 art 3 s 4
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.