Minnesota Statutes

Minn. Stat. § 523.01 (2026)

Authorization

✓ current as of May 2026

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A person who is a competent adult may, as principal, designate another person or an authorized corporation as the person's attorney-in-fact by a written power of attorney. The power of attorney is validly executed when it is dated and signed by the principal and, in the case of a signature on behalf of the principal, by another, or by a mark, acknowledged by a notary public. Only powers of attorney validly created pursuant to this section or section 523.02 are validly executed powers of attorney for the purposes of sections 523.01 to 523.24.

Notes of Decisions

Cited in 6 cases, 1990–2016 · leading case: Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990).

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Cruzan Ex Rel. Cruzan v. Dir., Missouri Dep't of Health, 497 U.S. 261 (1990). · cites it 2× “497 (1979); Minn. Stat. § 523.01 et seq. (1988); Miss.”

TIMELINE, LLC v. Williams Holdings 3, LLC, 698 N.W.2d 181 (Minn. Ct. App. 2005). · cites it 4× “For contextual purposes, Minn.Stat. § 523.01 (2002) explains when one party is authorized to serve as another’s attorney-in-fact: A person who is a competent adult may, as principal, designate another person or an authorized corporation as the person’s attorney-in-fact by a…”

Ofor v. Ocwen Loan Servicing, LLC, 649 F.3d 808 (8th Cir. 2011). “(quoting Minn.Stat. § 523.01). The power of attorney “is presumed valid if it ‘is dated and purports to be signed by the principal named in it.”

State v. Milliman, 802 N.W.2d 776 (Minn. Ct. App. 2011). · cites it 2× “Thus, in the modern era, the word “attorney” does not refer to a person who is not a lawyer, unless the term “attorney-in-fact” is used to indicate explicitly the distinction between an attorney-in-fact and an attorney-at-law.”

CitiMortgage, Inc. a successor by merger to ABN AMRO Mortg. Grp., Inc. v. Sandra Lee Akers, William Lee Akers, 858 N.W.2d 788 (Minn. Ct. App. 2014). · cites it 11× “” Minn.Stat. § 523.01 (2012). In this case, the power-of-attorney document that William used when he executed the mortgage on Sandra’s behalf is a document that was not signed and dated by Sandra.”

In re the Non-Prob. Est. of: Robert W. Fashant, Decedent Merilee Doll v. Julie A. Haekenkamp, & KleinBank (Minn. Ct. App. 2016). · cites it 2× “She also points out that there is no statutory requirement under the Minnesota durable power of attorney act, Minn. Stat. §§ 523.01 -.26 (2014), requiring her to seek decedent’s permission before acting.”

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