In the exercise of a power granted by a power of attorney, other than in a transaction relating to real property described in section 523.17, a signature by a person as "attorney-in-fact for (Name of the principal)" or "(Name of the principal) by (Name of the attorney-in-fact) the principal's attorney-in-fact" or any similar written disclosure of the principal and attorney-in-fact relationship constitutes an attestation by the attorney-in-fact that the attorney-in-fact did not have, at the time of signing, actual knowledge of the termination of the power of attorney by the death of the principal or, in the case of a power of attorney to the spouse of the principal, by the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage, or, if the power is one which terminates upon incapacity or incompetence of the principal, actual knowledge of the principal's incapacity or incompetence, or actual notice of the revocation of the power of attorney, and is conclusive proof as to any party relying on the attestation that the power of attorney had not terminated or been revoked at the time of the signature by the attorney-in-fact on behalf of the principal except as to any party who has actual knowledge that the power of attorney had terminated prior to the signature or actual notice of the revocation of the power of attorney.
1984 c 603 s 20; 1986 c 444; 1992 c 548 s 17
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.