There are two valuable documents every Minnesota resident should have in their estate plan. One is a durable medical power of attorney and the other is a durable financial power of attorney. These Minnesota powers of attorney are effective ways of making sure someone you trust is in charge of your medical care and your finances if you are ever unable to make these decisions.
The term durable means a power of attorney that remains effective in the event you are incapacitated. A non-durable power of attorney is just the opposite, it becomes void upon a doctor declaring you unable to make decisions for yourself.
Divorce is another way to void a power of attorney. Minnesota law says the person you grant powers to in your power of attorney is called your attorney-in-fact. When your attorney-in-fact is your spouse, in MN, your power of attorney is automatically void when you are divorced.
Your Minnesota estate planning attorney will be able to discuss with you the values of these documents. Your attorney is also able to prepare them for you. Another way to create a Minnesota power of attorney is to download the forms from Legal Zoom and do it yourself.
Non-durable, or regular powers of attorney are used often in the normal course of everyday life. The two basic forms are the general power of attorney and special powers of attorney. A general power of attorney grants a wide range of powers to your attorney-in-fact. This is a good document also to have with your estate planning paper work, with your spouse as your attorney-in-fact. No matter what type of emergency left you unavailable your spouse would be able to handle everything.
Special powers of attorney are very specific in the power they grant. A Minnesota vehicle power of attorney allows another person to transfer an auto title for you. A Minnesota power of attorney for children would allow someone to do things like enroll your child in school or authorize medical treatment. For just about any place a legal signature is required there is a power of attorney that would allow someone else to sign for you.
Are you planning a trip overseas anytime soon? If so, don't forget to leave someone at home with not only your house keys but a Minnesota power of attorney. Just in case.
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