1.1.................... moves to amend H.F. No. 232 as follows:
1.2Delete everything after the enacting clause and insert:
1.3 "Section 1. Minnesota Statutes 2012, section 523.20, is amended to read:
1.4523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF
1.5ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.
1.6Any party refusing to accept the authority of an attorney-in-fact to exercise a power
1.7granted by a power of attorney which (1) is executed in conformity with section
523.23
1.8or a form prepared under section
523.231; (2) contains
an acknowledgement that the
1.9attorney-in-fact has read and understood the notice required under section 523.23,
1.10subdivision 1b, and a a specimen signature of the attorney-in-fact authorized to act; (3) with
1.11regard to the execution or delivery of any recordable instrument relating to real property, is
1.12accompanied by affidavits that satisfy the provisions of section
523.17; (4) with regard to
1.13any other transaction, is signed by the attorney-in-fact in a manner conforming to section
1.14523.18
; and (5) when applicable, is accompanied by an affidavit and any other document
1.15required by section
523.16, is liable to the principal and to the principal's heirs, assigns,
1.16and representative of the estate of the principal in the same manner as the party would be
1.17liable had the party refused to accept the authority of the principal to act on the principal's
1.18own behalf unless: (1) the party has actual notice of the revocation of the power of attorney
1.19prior to the exercise of the power; (2) the duration of the power of attorney specified in the
1.20power of attorney itself has expired; or (3) the party has actual knowledge of the death of
1.21the principal or, if the power of attorney is not a durable power of attorney, actual notice of
1.22a judicial determination that the principal is legally incompetent. This provision does not
1.23negate any liability which a party would have to the principal or to the attorney-in-fact
1.24under any other form of power of attorney under the common law or otherwise.
1.25 Sec. 2. Minnesota Statutes 2012, section 523.23, subdivision 1, is amended to read:
2.1 Subdivision 1.
Form. The following form may be used to create a power of attorney,
2.2and, when used, it must be construed in accordance with sections
523.23 and
523.24. If
2.3this form is used to create a power of attorney, the notices contained in subdivision 1a and
2.41b must be incorporated by reference and included as part of the form:
2.5STATUTORY SHORT FORM POWER OF ATTORNEY
2.6MINNESOTA STATUTES, SECTION
523.23
2.7IMPORTANT NOTICE: The powers granted by this document are broad and
2.8sweeping. They are defined in Minnesota Statutes, section
523.24. If you have any
2.9questions about these powers, obtain competent advice. This power of attorney may be
2.10revoked by you if you wish to do so. This power of attorney is automatically terminated
2.11if it is to your spouse and proceedings are commenced for dissolution, legal separation,
2.12or annulment of your marriage. This power of attorney authorizes, but does not require,
2.13the attorney-in-fact to act for you.
2.14Before completing and signing this form, the principal must read and initial the
2.15IMPORTANT NOTICE TO PRINCIPAL. Before acting on behalf of the principal, the
2.16attorney(s)-in-fact must sign this form acknowledging having read and understood the
2.17IMPORTANT NOTICE TO ATTORNEY(S)-IN-FACT.
2.18PRINCIPAL (Name and Address of Person Granting the Power)
2.19
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.....
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2.20
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2.21
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.....
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2.22
2.23
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ATTORNEY(S)-IN-FACT
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SUCCESSOR
ATTORNEY(S)-IN-FACT
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2.24
2.25
2.26
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(Name and Address)
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(Optional) To act if any named
attorney-in-fact dies, resigns, or is
otherwise unable to serve.
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2.27
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(Name and Address)
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2.28
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.....
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First Successor
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2.29
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.....
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2.30
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.....
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2.31
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.....
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Second Successor
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2.32
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.....
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2.33
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.....
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2.34
2.35
2.36
2.37
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NOTICE: If more than one
attorney-in-fact is designated, make a
check or "x" on the line in front of one of
the following statements:
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2.38
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... Each attorney-in-fact
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EXPIRATION DATE (Optional)
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2.39
2.40
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may independently
exercise
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2.41
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the powers granted.
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Use Specific Month
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Day
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Year Only
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3.1
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... All attorneys-in-fact
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3.2
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must jointly exercise the
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3.3
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powers granted.
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3.4I, (the above-named Principal) hereby appoint the above named Attorney(s)-in-Fact to act
3.5as my attorney(s)-in-fact:
3.6FIRST: To act for me in any way that I could act with respect to the following
3.7matters, as each of them is defined in Minnesota Statutes, section
523.24:
3.8(To grant to the attorney-in-fact any of the following powers, make a check or "x" on
3.9the line in front of each power being granted. You may, but need not, cross out each power
3.10not granted. Failure to make a check or "x" on the line in front of the power will have the
3.11effect of deleting the power unless the line in front of the power of (N) is checked or x-ed.)
3.12
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(A)
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real property transactions;
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3.13
3.14
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I choose to limit this power to real property in
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County,
Minnesota, described as follows:
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3.15
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(Use legal description. Do not use street address.)
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3.16
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3.17
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3.18
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.....
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3.19
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.....
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3.20
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(If more space is needed, continue on the back or on an attachment.)
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3.21
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.....
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(B)
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tangible personal property transactions;
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3.22
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(C)
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bond, share, and commodity transactions;
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3.23
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(D)
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banking transactions;
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3.24
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(E)
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business operating transactions;
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3.25
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(F)
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insurance transactions;
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3.26
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(G)
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beneficiary transactions;
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3.27
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(H)
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gift transactions;
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3.28
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(I)
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fiduciary transactions;
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3.29
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(J)
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claims and litigation;
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3.30
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(K)
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family maintenance;
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3.31
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(L)
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benefits from military service;
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3.32
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(M)
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records, reports, and statements;
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3.33
3.34
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(N)
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all of the powers listed in (A) through (M) above and all other financial
matters.
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3.35SECOND: (You must indicate below whether or not this power of attorney will be
3.36effective if you become incapacitated or incompetent. Make a check or "x" on the line in
3.37front of the statement that expresses your intent.)
3.38
3.39
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.....
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This power of attorney shall continue to be effective if I become incapacitated or
incompetent.
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3.40
3.41
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.....
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This power of attorney shall not be effective if I become incapacitated or
incompetent.
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4.1THIRD: (You must indicate below whether or not this power of attorney authorizes
4.2the attorney-in-fact to transfer your property to the attorney-in-fact. Make a check or "x"
4.3on the line in front of the statement that expresses your intent.)
4.4
4.5
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.....
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This power of attorney authorizes the attorney-in-fact to transfer my property
to the attorney-in-fact.
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4.6
4.7
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.....
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This power of attorney does not authorize the attorney-in-fact to transfer my
property to the attorney-in-fact.
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4.8THIRD: My attorney-in-fact MAY NOT make gifts to the attorney-in-fact, or to
4.9anyone the attorney-in-fact is legally obligate to support, UNLESS I have initialed below
4.10and written in the name(s) of the attorney(s)-in-fact. Minnesota Statutes, section 523.24,
4.11subdivision 8, clause (2), limits the annual gift(s) made to my attorney-in-fact, or to
4.12anyone the attorney-in-fact has a legal obligation to support, to an amount not to exceed
4.13the applicable federal annual gift exclusion.
4.14
4.15
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I authorize
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(write in name), as my attorney-in-fact, to make gifts to the
attorney-in-fact (or to anyone the attorney-in-fact has a legal obligation to support).
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4.16
4.17
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I authorize
.....
(write in name), as my attorney-in-fact, to make gifts to the
attorney-in-fact (or to anyone the attorney-in-fact has a legal obligation to support).
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4.18FOURTH: (You may indicate below whether or not the attorney-in-fact is required
4.19to make an accounting. Make a check or "x" on the line in front of the statement that
4.20expresses your intent.)
4.21
4.22
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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.
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4.23
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My attorney-in-fact must render
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4.24
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(Monthly, Quarterly, Annual)
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4.25
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accountings to me or
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4.26
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(Name and Address)
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4.27
4.28
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during my lifetime, and a final accounting to the personal representative of my
estate, if any is appointed, after my death.
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4.29In Witness Whereof I have hereunto signed my name this
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day of
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4.30
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4.31
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(Signature of Principal)
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4.32
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(Acknowledgment of Principal)
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4.33
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STATE OF MINNESOTA
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4.34
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) ss.
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4.35
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COUNTY OF
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4.36
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The foregoing instrument was acknowledged before me this ..... day of .........., ........,
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4.37
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by
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5.1
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(Insert Name of Principal)
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5.2
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5.3
5.4
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(Signature of Notary Public or
other Official)
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5.5
5.6
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Acknowledgement of notice to attorney(s)-in-fact and specimen signature of
attorney(s)-in-fact.
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5.7
5.8
5.9
5.10
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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,
subdivision 1b, and understand and accept the scope of any limitations to the powers and
duties delegated to me by this instrument.
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5.11
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(Notarization not required)
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5.12
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5.13
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5.14
5.15
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This instrument was drafted by:
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Specimen Signature of
Attorney(s)-in-Fact
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5.16
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(Notarization not required)
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5.17
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5.18
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5.19
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5.20
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5.21 Sec. 3. Minnesota Statutes 2012, section 523.23, is amended by adding a subdivision
5.22to read:
5.23 Subd. 1a. Notice to principal. The following verbatim notice must be included as
5.24part of this statutory short form power of attorney:
5.25STATUTORY SHORT FORM POWER OF ATTORNEY
5.26MINNESOTA STATUTES, SECTION 523.23
5.27IMPORTANT NOTICE TO THE PRINCIPAL
5.28(This notice is incorporated be reference and is included as a part of this statutory
5.29short form power of attorney.)
5.30READ THIS NOTICE CAREFULLY. The power of attorney form that you will be
5.31signing is a legal document. It is governed by Minnesota Statutes, chapter 523. If there is
5.32anything about this form that you do not understand, you should seek legal advice.
5.33PURPOSE: The purpose of the power of attorney is for you, the principal, to give
5.34broad and sweeping powers to your attorney(s)-in-fact, who is the person or authorized
5.35corporation you designate to handle your financial affairs. Any action taken by your
5.36attorney(s)-in-fact pursuant to the powers you designate to them in the power of attorney
5.37form binds you, your heirs and assigns, and the representative of your estate in the same
5.38manner as though you took the action yourself.
6.1POWERS GIVEN: You will be granting the attorney(s)-in-fact power to enter into
6.2transactions relating to any of your real or personal property, even without your consent or
6.3any advance notice to you. The powers granted to the attorney(s)-in-fact are broad and not
6.4supervised. This power of attorney does not grant any of the power designated by a health
6.5care directive which are governed by Minnesota Statutes, chapter 145C.
6.6DUTIES OF YOUR ATTORNEY-IN-FACT: Your attorney(s)-in-fact must keep
6.7complete records of all transactions entered into on your behalf. You may request that your
6.8attorney(s)-in-fact provide you or someone else that you designate a periodic accounting,
6.9which is a written statement that gives reasonable notice of all transactions entered into on
6.10your behalf. Your attorney(s)-in-fact must also render an accounting if the attorney-in-fact
6.11reimburses himself or herself for any expenditure they made on behalf of you.
6.12The attorney-in-fact is personally liable to any person, including you, who is injured
6.13by an action taken by the attorney-in-fact in bad faith under the power of attorney or by the
6.14attorney(s)-in-fact's failure to account when the attorney(s)-in-fact has a duty to account
6.15under this section. The attorney(s)-in-fact must act with your interest upmost in mind.
6.16TERMINATION: If you chose, your attorney(s)-in-fact may exercise these powers
6.17throughout your lifetime, both before and after you become incapacitated. However, a
6.18court can take away the powers of your attorney(s)-in-fact because of improper acts.
6.19You may also revoke this power of attorney if you wish. This power of attorney is
6.20automatically terminated if the power is granted to your spouse and proceedings are
6.21commenced for dissolution, legal separation, or annulment of your marriage.
6.22This power of attorney authorizes, but does not require, the attorney-in-fact to act
6.23for you. You are not required to sign this power of attorney, but it will not take effect
6.24without your signature You should not sign this power of attorney if you do not understand
6.25everything in it, and what your attorney(s)-in-fact will be able to do if you do sign it.
6.26Please place your initials on the following line indicating you have read this
6.27IMPORTANT NOTICE TO THE PRINCIPAL: .......
6.28 Sec. 4. Minnesota Statutes 2012, section 523.23, is amended by adding a subdivision
6.29to read:
6.30 Subd. 1b. Notice to attorney(s)-in-fact. The following verbatim notice must be
6.31included as a part of this statutory short form power of attorney:
6.32STATUTORY SHORT FORM POWER OF ATTORNEY
6.33MINNESOTA STATUTES, SECTION 523.23
6.34IMPORTANT NOTICE TO THE ATTORNEY(S)-IN-FACT
6.35(This notice is incorporated by reference and is included as part of the statutory short
6.36form power of attorney.)
7.1You have been nominated by the principal to act as attorney-in-fact. you are under
7.2no duty to exercise the authority granted by the power of attorney. However, when you do
7.3exercise any power conferred by the power of attorney, you must:
7.4(1) act with the interests of the principal utmost in mind;
7.5(2) exercise the power in the same manner as an ordinarily prudent person of
7.6discretion and intelligence would exercise in the management of the person's own affairs;
7.7(3) render accountings as directed by the principal or whenever you reimburse
7.8yourself for expenditures made on behalf of the principal;
7.9(4) act in good faith for the best interest of the principal, using due care, competence,
7.10and diligence;
7.11(5) cease acting on behalf of the principal if you learn of any event that terminates
7.12this power of attorney or your authority under this power of attorney, such as revocation
7.13by the principal of the power of attorney, the death of the principal, your legal separation
7.14from the principal, or the dissolution of your marriage to the principal;
7.15(6) disclose your identity as an attorney-in-fact whenever you act for the principal
7.16by signing in the following manner:
7.17Signature by a person as "attorney-in-fact for (name of the principal)" or "(name of
7.18the principal) by (name of the attorney-in-fact) the principal's attorney-in-fact"
7.19(7) acknowledge you have read and understood this IMPORTANT NOTICE TO
7.20THE ATTORNEY-IN-FACT by signing the power of attorney form.
7.21You are personally liable to any person, including the principal, who is injured by
7.22an action taken by you in bad faith under the power of attorney or by your failure to
7.23account when the duty to account has arisen.
7.24The meaning of the powers granted to you is contained in Minnesota Statutes,
7.25chapter 523. If there is anything about this document or your duties that you do not
7.26understand, you should seek legal advice from an attorney.
7.27 Sec. 5. Minnesota Statutes 2012, section 523.24, subdivision 8, is amended to read:
7.28 Subd. 8.
Gift transactions. In the statutory short form power of attorney, the
7.29language conferring general authority with respect to gift transactions, means that the
7.30principal authorizes the attorney-in-fact:
7.31(1) to make gifts to organizations, whether charitable or otherwise, to which the
7.32principal has made gifts, and to satisfy pledges made to organizations by the principal;
7.33(2) to make gifts on behalf of the principal to the principal's spouse, children, and
7.34other descendants or the spouse of any child or other descendant, and, if authorized by
7.35the principal in part Third, to the attorney-in-fact, either outright or in trust, for purposes
8.1which the attorney-in-fact deems to be in the best interest of the principal, specifically
8.2including minimization of income, estate, inheritance, or gift taxes, provided that,
8.3notwithstanding that the principal in part Third may have authorized the attorney-in-fact to
8.4transfer the principal's property to the attorney-in-fact, no attorney-in-fact nor anyone the
8.5attorney-in-fact has a legal obligation to support may be the recipient of any gifts in any
8.6one calendar year which, in the aggregate, exceed
$10,000 in value the then applicable
8.7federal annual gift exclusion amount to each recipient;
8.8(3) to prepare, execute, consent to on behalf of the principal, and file any return,
8.9report, declaration, or other document required by the laws of the United States, any state
8.10or subdivision of a state, or any foreign government, which the attorney-in-fact deems to be
8.11desirable or necessary with respect to any gift made under the authority of this subdivision;
8.12(4) to execute, acknowledge, seal, and deliver any deed, assignment, agreement,
8.13authorization, check, or other instrument which the attorney-in-fact deems useful for the
8.14accomplishment of any of the purposes enumerated in this subdivision;
8.15(5) to prosecute, defend, submit to arbitration, settle, and propose or accept a
8.16compromise with respect to any claim existing in favor of or against the principal based
8.17on or involving any gift transaction or to intervene in any related action or proceeding;
8.18(6) to hire, discharge, and compensate any attorney, accountant, expert witness, or
8.19other assistant when the attorney-in-fact deems that action to be desirable for the proper
8.20execution by the attorney-in-fact of any of the powers described in this subdivision, and
8.21for the keeping of needed records; and
8.22(7) in general, and in addition to but not in contravention of all the specific acts
8.23listed in this subdivision, to do any other acts which the attorney-in-fact deems desirable
8.24or necessary to complete any gift on behalf of the principal.
8.25All powers described in this subdivision are exercisable equally with respect to a gift
8.26of any property in which the principal is interested at the giving of the power of attorney
8.27or becomes interested after that time, and whether located in the state of Minnesota or
8.28elsewhere.
8.29 Sec. 6. Minnesota Statutes 2012, section 523.24, subdivision 14, is amended to read:
8.30 Subd. 14.
All other financial matters. In a statutory short form power of attorney,
8.31the language conferring general authority with respect to all other matters, means that
8.32the principal authorizes the attorney-in-fact to act as an alter ego of the principal with
8.33respect to any and all possible matters
and affairs affecting property owned by affecting
8.34the financial affairs of the principal which are not enumerated in subdivisions 1 to 13, and
8.35which the principal can do through an agent.
9.1 Sec. 7.
[523.26] JUDICIAL RELIEF.
9.2The principal or any interested person, as defined in section 524.5-102, subdivision
9.37, may petition the court for a protective order directing the attorney-in-fact to provide
9.4an accounting, on a schedule directed by the court, or for any other relief as provided in
9.5sections 524.5-401 to 524.5-502. The principal or a person named by the principal in the
9.6power of attorney to receive accountings is entitled to recover reasonable attorney fees
9.7and costs if the court finds that the attorney-in-fact failed to render an accounting to the
9.8principal or any person named by the principal in the power of attorney form to receive
9.9accountings after the principal had requested an accounting.
9.10 Sec. 8.
EFFECTIVE DATE.
9.11Sections 1 to 6 are effective August 1, 2013, and apply to powers of attorney
9.12executed on or after that date. Section 7 is effective August 1, 2013, and applies to powers
9.13of attorney executed before, on, or after that date."
9.14Amend the title accordingly