Minnesota Statute Section 523.07 defines durable power of attorney as a power of attorney which contains language that says that the power of attorney shall not be affected by incapacity or incompetence of the principal or if it states that the power of attorney shall become effective upon the incapacity or incompetence of the principal, or if it contains similar words that conveys intent of the principal that the authority conferred is exercisable notwithstanding the principal’s later incapacity or incompetence.

In Minnesota, a durable power of attorney may be terminated on certain grounds; which ever may happen earliest shall terminate the power of attorney.  The durable power of attorney shall terminate on the earliest to occur of the death of the principal, the expiration of a date of termination specified in the power of attorney, or, in the case of a power of attorney to the spouse of the principal, upon the commencement of proceedings for dissolution, separation, or annulment of the principal’s marriage.

An expiration date mentioned in the power of attorney must be stated in terms of a specific month, day, and year. An expiration date mentioned in any other way has no effect.

If the exercise of the power of attorney requires execution and delivery of any instrument which is recordable, the power of attorney and any affidavit are also recordable.