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MN HF232

Bill

Status

Passed

4/25/2013

Primary Sponsor

Debra Hilstrom

Click for details

Origin

House of Representatives

88th Legislature 2013-2014

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules and Administration4/15/2013
Judiciary Finance and Policy2/14/2013
Civil Law1/31/2013

Full Bill Text

No bill text available