Legal Question in Family Law in Minnesota

Re: revoke power of attorney

Thank you for your question regarding a power of attorney.

A power of attorney can only be given by an individual who is competent. If an individual is not legally competent, then he or she lacks the authority to give another individual a power of attorney. The power of attorney will expire when the person who gave it is no longer competent, unless the power was a "durable" power of attorney. In that case, the grant of a power of attorney survives even if the person who gave the power becomes legally imcompetent.

If the person who gave the power of attorney is still competent, it can be revoked at any time, and given to another person -- whether or not that the person receiving the power of attorney is a relative.

This is a general statement of the law in Minnesota and, for the most part, Minnesota law on this point is consistent with many other jurisdictions. You would need to consult a lawyer in the state under who's law the power was granted to be certain of the effect of its laws. More facts are also required to evaluate the issue.

Good luck.