What is a power of attorney?

A Power of Attorney is a written authorization for someone to act as your agent in financial or property matters. The agent that you name would have authority to work for you as if you had taken the action yourself. You do not lose the right to act on your behalf, but you authorize your agent to act on your behalf. Under a power of attorney, you retain the right to revoke the power at any time.  The agent is usually given broad and sweeping powers but, the powers can be limited to particular acts. Usually, powers of attorney continue when you become mentally incapacitated.  The agent has a duty only to act in your best interest.  Even so, these powers are broad and if the agent misuses the power granted your ability to recover funds that were wrongfully used can be difficult. It is important that you seek professional advice before entering into a power of attorney.

How do I make a power of attorney

A Power of Attorney must be written, dated, and your signature must be notarized.

Who should I select to be my attorney-in-fact?

Any competent person over the age of 18 can be your attorney-in-fact. Often the attorney-in-fact would be a family member. Many people choose a spouse or child. You should be very careful to choose someone you trust. The attorney-in-fact is responsible for keeping records of all the transactions made on your behalf. This record keeping is accomplished through an “accounting.” Requesting these records on a regular basis is a good idea. It is also a good idea to have the accounts go to you and another family member.

Who can have a power of attorney?

You must be mentally competent and able to make decisions on your own. Mentally competent means that you are “of sound mind.” If a person is not mentally competent, or incompetent, it is too late to make a Power of Attorney. Failure to execute a Power of Attorney prior to becoming incapacitated will likely require expensive guardianship proceedings in district court.

Can I cancel a power of attorney?

Yes. As long as you are competent you can revoke a Power of Attorney. If the Power of Attorney was misused and you were not capable of revoking it, the court could take action to revoke the power. The revocation must be, notarized, on the appropriate form, and notice must be sent to anyone that might use or accept the original Power of Attorney.

Transfer on Death Deeds

Minnesota allows the use of Transfer on Death Deeds as a probate avoidance technique for real property titles.

Power of Attorney

A power of attorney is written permission for someone to take care of property or money matters for you.


DWI and DUI are serious offenses, Herrick Law can answer your questions.

Traffic Violations

If you’re facing a DWI charge in Minneapolis or St. Paul, you could lose your driver’s license before you ever get to court.

Domestic Assault

Domestic assault is taken very seriously throughout Minnesota.

Small Business Formation & Incorporation

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Business Succession Planning

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Special Needs Trust

Are established for individuals who have a disability to receieve public benefits.


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