Power of Attorney

Power of Attorney in Edina

Estate Planning Attorneys Devoted Entirely to Power of Attorney & Incapacity Planning

A power of attorney is a legal document that authorizes a trusted person, called your agent or attorney-in-fact, to act on your behalf for financial, legal, or health care matters. It can only be created while you have legal capacity. Once incapacitation occurs, that window closes. At Guttman Law, PLLC, we’ve helped Edina residents and families throughout Hennepin County put these documents in place since 2001, working from our office just off the Crosstown.

Our practice is devoted entirely to estate planning, estate administration, and probate. When you have a question about a power of attorney, you’re speaking with attorneys who handle nothing else.

Ready to get your power of attorney in place? Call us at (612) 324-4055 to schedule a free consultation at our Edina office.

Types of Power of Attorney Available to Minnesota Residents

Minnesota power of attorney documents are governed by Minnesota Statutes Chapter 523. Understanding the distinctions between document types is the first step in choosing the right one for your situation. We work with Edina clients to identify which documents fit their personal and financial goals.

Statutory short form power of attorney: Allows you to assign specific, clearly defined powers to your attorney-in-fact using a standard Minnesota form.
Durable power of attorney: Remains valid even if you become incapacitated, providing financial and legal continuity.
Health care power of attorney (health care directive): Authorizes your agent to make medical decisions when you’re unable to do so yourself.
Springing power of attorney: Takes effect only upon a specified triggering event, such as incapacitation, so you retain full control until that point is reached.
Non-durable power of attorney: Terminates if you lose decision-making capacity, making it unsuitable for long-term incapacity planning.

Why Waiting Creates Risk

A power of attorney can’t be signed or legally established after you’ve become incapacitated. There’s no workaround. Without a document already in place, your family typically must petition a court for a conservatorship or guardianship to gain legal authority over your finances or health care decisions.

That court process takes time and costs money. Meanwhile, bills may go unpaid, financial accounts may be inaccessible, and decisions that should be straightforward can stall while everyone waits. Preparing in advance supports both your wishes and your family’s ability to act when needed.

Power of Attorney Planning at Guttman Law, PLLC

Since 2001, our practice has been focused entirely on estate planning, estate administration, and probate. That concentration means every power of attorney conversation connects directly to attorneys who understand how these documents work alongside your will, trust, and health care directive.

We walk each client through their estate plan piece by piece, explaining how every document is intended to work together rather than simply preparing paperwork. We also work closely with local banks, health care providers, and notaries in Edina and Hennepin County to support the execution process. Attorney Matt Guttman has administered and updated hundreds of estate plans originally prepared by other law firms, including the Molever Law Firm, and can assist with documents drafted elsewhere.

A few things that remove friction from the process:

Free consultations: Start planning with a clear picture of your options before committing to anything.
Complimentary periodic reviews: Life changes. We review your documents at no additional cost to confirm they still reflect your goals.
No charges for estate planning calls: Ask questions freely. We don’t bill for phone calls related to your estate plan.

Schedule a Free Consultation at Our Edina Office

If you don’t have a power of attorney in place, or if your existing documents haven’t been reviewed in years, a conversation costs you nothing. We’re here to make this process clear and approachable, and we can take the time to answer your questions before any decisions are made.

Call Guttman Law, PLLC at (612) 324-4055 to schedule your free consultation and take the first step toward a plan that supports you and your family.

Defining Your Agent’s Authority

One of the most important decisions in drafting a power of attorney is determining how much authority your agent will hold. Minnesota law requires the document to explicitly list the types of authority granted and any limitations. You control the scope entirely.

Narrow authority might cover routine matters such as bill payment and standard financial transactions. Broad authority can extend to real estate, business management, tax filing, and benefits applications. Any competent adult in Minnesota may serve as an agent, and many clients choose a family member, close friend, or trusted professional.

We advise Edina clients on structuring agent authority clearly and in a way that meets Minnesota’s legal requirements. We also discuss naming a successor agent as a backup in case the primary agent is unable or unwilling to serve when the time comes. If you’re using a springing power of attorney, the triggering event must be stated clearly in the document itself.

Execution Requirements for a Valid Minnesota Power of Attorney

A valid Minnesota power of attorney must be dated and signed by the principal. Notarization isn’t always technically required under Minnesota law, but it is strongly advisable. Most banks and financial institutions may require it before honoring the document. The principal must be of sound mind and able to make decisions at the time of signing. A document signed after incapacitation has no legal effect, regardless of intent.

We help Edina clients coordinate notary appointments and distribute completed documents to the relevant parties, including local banks and health care providers. When elderly or vulnerable family members are involved, we confirm client competency as part of the signing process. Revocations of existing documents should also be notarized for maximum legal security.

Updating or Revoking a Power of Attorney in Minnesota

Circumstances change. Marriage, divorce, the death of a named agent, a significant shift in assets, or relocation can all make an existing power of attorney outdated or inadequate. Under Minnesota Statutes Chapter 523, revoking a power of attorney requires a written instrument of revocation signed by the principal. Notarization is advisable, and copies of the revocation must reach every institution or individual that relied on the original.

Our complimentary reviews give Edina clients a regular opportunity to evaluate whether their documents still reflect their intentions. When an update or revocation is needed, we help prepare the new documents and coordinate distribution to Edina-area banks, financial advisors, and health care providers.

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Why Choose Guttman Law, PLLC?

Highly Personalized Approach

We take the time to understand the complexities of your situation and develop an individualized approach.
Our Goal Is To Educate Clients
We seek to not only provide a service to our clients but to educate them every step of the way.
We Help Clients Navigate Every Step of the Process

We are here to support our clients throughout their estate planning journey.

Our FAQ

Have questions? We are here to help. Still have questions or can't find the answer you need? Give us a call at 612-324-4055 today!

Has your attorney passed away or retired?

Review advice from estate planning attorneys Matt Guttman and Jamie Reff-Wagner on what to do next: What to Do When Your Attorney Retires - Guttman Law PLLC
Do you need assistance with your estate plan drafted by another attorney or law firm?

Attorney Matt Guttman has administered and updated hundreds of estate plans prepared by the Molever Law Firm and other law firms. Matt is happy to offer a complimentary consultation to review your current estate plan and discuss possible changes to your plan. Matt is also available to assist with the administration of an estate plan (wills or living trusts) prepared by another law firm after the passing of the person who created the estate plan (the Grantor, Trustor or decedent).
You can click here to schedule a complimentary consultation with attorney Matt Guttman to discuss your estate plan.

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Power of Attorney as Part of a Complete Minnesota Estate Plan

A power of attorney doesn’t stand alone. A complete estate plan typically includes a will or trust, a financial power of attorney, and a health care directive, with each document serving a distinct role. The financial power of attorney covers decisions while you’re alive but incapacitated. At death, it ceases to be effective, and the personal representative named in your will or trust takes over.

Understanding how these documents interact matters. A financial power of attorney and a health care directive work in parallel, not in sequence. Your trust documents may place specific assets outside the reach of your agent. Digital assets, including email accounts, cloud files, and online financial accounts, can also be addressed within a Minnesota power of attorney.

Because our practice covers estate planning, estate administration, and probate, clients working on a power of attorney in Edina can address their will, trust, and health care directive through the same firm. We help you see how each document is intended to function and how they fit together into a coherent plan. For clients who divide time between Minnesota and other states, we discuss how Minnesota power of attorney documents are typically viewed by out-of-state institutions and when supplemental planning may be appropriate.

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Matt Guttman was recommended to me by a professional I trust. I also heard him speak and answer questions at my accountant’s firm when he gave a seminar about “What to include in your will.” He is knowledgeable and responsive. My husband and I chose to work with him five years ago to develop our estate plan (including wills and healthcare plans). Due to changes in our family, we updated our documents recently. Matt and his staff were friendly and efficient in helping us through that process. I recommend him highly.

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