Minnesota Statutes

Minn. Stat. § 523.04 (2026)

Presumption Of Valid Execution

✓ current as of May 2026

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A written power of attorney that is dated and purports to be signed by the principal named in it is presumed to be valid. All parties may rely on this presumption except those who have actual knowledge that the power was not validly executed.

Notes of Decisions

Cited in 2 cases, 2011–2014 · leading case: Ofor v. Ocwen Loan Servicing, LLC, 649 F.3d 808 (8th Cir. 2011).

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Ofor v. Ocwen Loan Servicing, LLC, 649 F.3d 808 (8th Cir. 2011). · cites it 2× “(quoting Minn.Stat. § 523.04). Only those parties possessing “ ‘actual knowledge that the power was not validly executed’ ” may not rely on the presumptive validity of the power of attorney.”

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 16× “” See Minn. Stat § 523.04 (2012). CitiMort-gage argued in the alternative that both William and Sandra should be estopped from challenging the validity of the mortgage because both benefited from the loan that was secured by the mortgage.”

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