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MN HF232
Bill
Status
4/25/2013
Primary Sponsor
Debra Hilstrom
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AI Summary
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Modifies the statutory short form power of attorney to require principals to read and initial an "Important Notice to Principal" before signing, and attorneys-in-fact to acknowledge reading and understanding an "Important Notice to Attorney(s)-in-Fact" before acting.
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Changes gift-making restrictions for attorneys-in-fact by replacing the $10,000 annual limit with the federal annual gift tax exclusion amount, and requires principal authorization to allow gifts to the attorney-in-fact or anyone they are legally obligated to support.
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Clarifies that the "all other matters" power (option N) does not include authority to make health care decisions, which must be granted through a separate health care directive under Minnesota Statutes chapter 145C.
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Authorizes courts to provide protective orders and other relief for principals or interested persons regarding attorney-in-fact accountability, including the ability to recover reasonable attorney fees and costs if an attorney-in-fact fails to render required accountings.
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Makes amendments effective January 1, 2014, for powers of attorney executed on or after that date, while preserving validity of earlier documents; judicial relief provisions effective August 1, 2013.
Legislative Description
Statutory short form power of attorney modified, and judicial relief authorized.
Last Action
Secretary of State Chapter 23 04/24/13
4/25/2013