Minnesota POA: recognition Under Minnesota power of attorney statutes, there is no need to recognize the principal's signature on a Minnesota power of attorney document before a notary public. In most estate plans, these POAs are what are known as durable POAs, meaning they remain in effect even after you are disabled. For most people, it's a good idea to create these two documents, as they help plan for the unexpected. Although Minnesota technically requires you to notarize your POA only if someone else signs the document on your behalf (Minnesota).
Many financial institutions will require that the POA be notarized (even if state law doesn't require it) before accepting it. If you granted the power to manage real estate to your de facto attorney, you must also submit a copy of your POA to the land registry office (called the Registrar's Office in Minnesota) of the county in which you own real estate. This will allow the registrar's office to recognize your agent's authority in the event that your agent ever needs to sell, mortgage, or transfer real estate on your behalf. Your POA must indicate when it will take effect.
It's very common for the POA to take effect immediately. For more information on estate planning issues in Minnesota, see our section on estate planning in Minnesota. Require this additional level of authorization and certification. However, notaries cannot draw up the actual power of attorney document.
The creation of these documents is considered legal work and is therefore the competence of a lawyer. However, notaries public can (and, in some states, must) bear witness to the signature by turning it into an official notarial act.
The power of attorney formmust be notarized to authenticate the identity of the person signing. Whatever method you choose, the POA drafting process will include selecting (or crossing out), from a list, each specific power you want your agent to have.
In the event that another family member questions or challenges the authenticity of a power of attorney, the official seal of a notary public makes it easier for the court to confirm the veracity of these documents. However, there are many reasons why this type of transitional power of attorney is not usually recommended. And it's always a good idea to ask your lawyer to explain every step of how to notarize your power of attorney and what to include in each document. There are three types of powers of attorney, and they are defined by the limits of this grant of authority, as well as by the mental capacity of the person.
To find out if a power of attorney authorizes you to sign specific documents on behalf of another person, you'll need to consult a qualified lawyer. However, the only way to formally authenticate these documents is to use a notary public for powers of attorney. It is not for the notary to investigate his authority, to make a final decision, or to draw legal conclusions. Normally, the notary would not be able to help you, as notaries usually do not receive copies of the documents they certify before a notary.
They will also stamp the document and provide a short form or certificate with the date, time and notarial act performed. Depending on the power of attorney form, you may need to certify it to a notary public. No, notaries are not authorized to prepare legal documents for clients, unless the notary is also a qualified lawyer or other legal professional authorized to prepare legal documents.