Probate & Trust Law Section Conference Manual ... - Minnesota CLE

A committee was formed within the VAJP in 2011to explore changes to the Minnesota SSF
POA that might lessen the chances for POA misuse. The committee was co-chaired by your
presenters, both of whom felt strongly about preserving those aspects of the SSF POA which
make it convenient and easy to use. Other members of the committee included individuals from
legal services, AARP, Volunteers of America, the University of St. Thomas School of Law,
other elder law attorneys, and law students in William Mitchell’s elder law program.
Over a series of meetings, the Power of Attorney committee researched and discussed the
Power of Attorney laws of other countries and other states, as well as the Uniform Power of
Attorney Act. The committee co-chairs met with the chair of the Probate and Trust Law Section
committee considering the Uniform Power of Attorney Act for possible adoption in Minnesota.
The Probate and Trust Law Section eventually abandoned its work on the Uniform Act and made
no 2013 legislative proposal. The VAJP committee rejected the Uniform Act for a number of
reasons despite the Act containing significant protections against misuse.
Certain stakeholders within the VAJP supported changes to the SSF POA that were far more
drastic than were ultimately agreed upon. The Power of Attorney committee took a pragmatic
approach, avoiding changes that would generate strong opposition from the Bar and could be
costly to the court system. The committee discussed a number of changes that would have
clarified the SSF POA in various ways but remained focused on those changes most likely to
reduce misuse and financial exploitation. In addition, the committee focused on changes
designed to enhance criminal and civil accountability.
The new law differs significantly from the VAJP’s initial bill as first introduced in January
2013. Changes and amendments were made during the process of consultation with legislators,
members of the bar, and representatives from other stakeholders including the banking industry.
The bill passed both the House and the Senate without a single vote in opposition.
B. Effective Date
5. Judicial Relief, Minn. Stat. section 523.26 – effective on August 1, 2013, and applies to
powers of attorney executed before, on, or after that date (see 523.26 (b)).
2. Amendments made to the SSF POA form and to 523.24, subd 8 – effective for powers of
attorney executed on or after January 1, 2014 (see 523.23 Subd 6).
C. Changes to Chapter 523 (other than to the SSF POA form) – in numerical order
5. 523.20 Liability of parties refusing authority of attorney-in-fact to act on principals’
behalf.
A different section (discussed below) of the new law adds an Important Notice to the Attorneysin-fact
and requires the attorneys-in-fact to not only provide a specimen signature but also a
signature acknowledging that s/he has read and understood the Important Notice. For SSF POA
forms signed on or after January 1, 2014, the attorney-in-fact must have signed this
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