reglab/statecodes huggingface dataset:
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 521A — Uniform Fiduciary Access To Digital Assets Act › Section 521A.15 — Fiduciary Duty And Authority.

521A.15 FIDUCIARY DUTY AND AUTHORITY.
(a) The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:
(1) the duty of care;
(2) the duty of loyalty; and
(3) the duty of confidentiality.
(b) A fiduciary's or designated recipient's authority with respect to a digital asset of a user:
(1) except as otherwise provided in section 521A.04, is subject to the applicable terms of service;
(2) is subject to other applicable law, including copyright law;
(3) in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and
(4) may not be used to impersonate the user.
(c) A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms-of-service agreement.
(d) A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws, including section 609.891.
(e) A fiduciary with authority over the tangible personal property of a decedent, protected person, principal, or settlor:
(1) has the right to access the property and any digital asset stored in it; and
(2) is an authorized user for the purpose of computer fraud and unauthorized computer access laws, including section 609.891.
(f) A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.
(g) A fiduciary of a user may request a custodian to terminate the user's account. A request for termination must be in writing, in either physical or electronic form, and accompanied by:
(1) if the user is deceased, a certified copy of the death certificate of the user;
(2) a certified copy of the letter of appointment of the representative or a small estate affidavit or court order, court order, power of attorney, or trust giving the fiduciary authority over the account; and
(3) if requested by the custodian:
(i) a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;
(ii) evidence linking the account to the user; or
(iii) a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in item (i).
History:
2016 c 135 art 2 s 16
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 521A — Uniform Fiduciary Access To Digital Assets Act › Section 521A.16 — Custodian Compliance And Immunity.

521A.16 CUSTODIAN COMPLIANCE AND IMMUNITY.
(a) Not later than 60 days after receipt of the information required under sections 521A.07 to 521A.15, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.
(b) An order under paragraph (a) directing compliance must contain a finding that compliance is not in violation of United States Code, title 18, section 2702, as amended.
(c) A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.
(d) A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.
(e) This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order which:
(1) specifies that an account belongs to the protected person or principal;
(2) specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and
(3) contains a finding required by law other than this chapter.
(f) A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.
History:
2016 c 135 art 2 s 17
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 521A — Uniform Fiduciary Access To Digital Assets Act › Section 521A.17 — Uniformity Of Application And Construction.

521A.17 UNIFORMITY OF APPLICATION AND CONSTRUCTION.
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
History:
2016 c 135 art 2 s 18
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 521A — Uniform Fiduciary Access To Digital Assets Act › Section 521A.18 — Relation To Electronic Signatures In Global And National Commerce Act.

521A.18 RELATION TO ELECTRONIC SIGNATURES IN GLOBAL AND NATIONAL COMMERCE ACT.
This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, United States Code, title 15, section 7001 et seq., but does not modify, limit, or supersede section 101(c) of that act, United States Code, title 15, section 7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that act, United States Code, title 15, section 7003(b).
History:
2016 c 135 art 2 s 19
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 521A — Uniform Fiduciary Access To Digital Assets Act › Section 521A.19 — Severability.

521A.19 SEVERABILITY.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
History:
2016 c 135 art 2 s 20
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.01 — Authorization.

523.01 AUTHORIZATION.
A person who is a competent adult may, as principal, designate another person or an authorized corporation as the person's attorney-in-fact by a written power of attorney. The power of attorney is validly executed when it is dated and signed by the principal and, in the case of a signature on behalf of the principal, by another, or by a mark, acknowledged by a notary public. Only powers of attorney validly created pursuant to this section or section 523.02 are validly executed powers of attorney for the purposes of sections 523.01 to 523.24.
History:
1984 c 603 s 3; 1993 c 13 art 2 s 1
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.02 — Common Law, Preexisting And Foreign Powers Of Attorney.

523.02 COMMON LAW, PREEXISTING AND FOREIGN POWERS OF ATTORNEY.
A written power of attorney is a validly executed power of attorney for the purposes of sections 523.01 to 523.24, and is subject to the provisions of sections 523.01 to 523.24, if it is validly created pursuant to: (1) the law of Minnesota as it existed prior to the enactment of sections 523.01 to 523.24 if it was executed prior to August 1, 1984; (2) the common law; or (3) the law of another state or country. A power of attorney executed before August 1, 1992, in conformity with section 523.23 as that statute existed before that date is a statutory short form power of attorney. A power of attorney executed on or after August 1, 1992, in conformity with section 523.23 as it exists on or after that date is a statutory short form power of attorney. A provision in a power of attorney that would make it a durable power of attorney under section 523.07 but for its use of the term "disability" in place of "incapacity or incompetence" is nonetheless a durable power of attorney.
History:
1984 c 603 s 4; 1992 c 548 s 7
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.03 — Definitions.

523.03 DEFINITIONS.
As used in this chapter:
(1) "incapacity" means cause for appointment of a guardian or conservator of an adult under sections 524.5-101 to 524.5-502;
(2) "principal" includes a guardian or conservator appointed for the principal at any time; and
(3) "power of attorney" means a validly executed power of attorney.
History:
1984 c 603 s 5; 1992 c 548 s 8; 2004 c 146 art 3 s 39
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.04 — Presumption Of Valid Execution.

523.04 PRESUMPTION OF VALID EXECUTION.
A written power of attorney that is dated and purports to be signed by the principal named in it is presumed to be valid. All parties may rely on this presumption except those who have actual knowledge that the power was not validly executed.
History:
1984 c 603 s 6
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.05 — Recording.

523.05 RECORDING.
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 authorized under sections 523.01 to 523.24 when authenticated for record in conformity with section 507.24, are also recordable.
History:
1984 c 603 s 7; 1993 c 13 art 2 s 1
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.06 — Certification.

523.06 CERTIFICATION.
A certified copy of a power of attorney has the same force and effect as a power of attorney bearing the signature of the principal. A copy of a power of attorney may be certified by an official of a state or of a political subdivision of a state who is authorized to make certifications. The certification shall state that the certifying official has examined an original power of attorney and the copy and that the copy is a true and correct copy of the original power of attorney.
History:
1984 c 603 s 8
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.07 — Durable Power Of Attorney.

523.07 DURABLE POWER OF ATTORNEY.
A power of attorney is durable if it contains language such as "This power of attorney shall not be affected by incapacity or incompetence of the principal" or "This power of attorney shall become effective upon the incapacity or incompetence of the principal," or similar words showing the intent of the principal that the authority conferred is exercisable notwithstanding the principal's later incapacity or incompetence.
History:
1984 c 603 s 9; 1986 c 444; 1992 c 548 s 9
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.075 — Expiration Date In A Power Of Attorney.

523.075 EXPIRATION DATE IN A POWER OF ATTORNEY.
In a power of attorney, an expiration date, if any, must be stated in terms of a specific month, day, and year. An expiration date stated in any other way has no effect.
History:
1992 c 548 s 10
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.08 — Termination Of A Durable Power.

523.08 TERMINATION OF A DURABLE POWER.
A durable power of attorney terminates 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.
History:
1984 c 603 s 10; 1992 c 548 s 11
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.09 — Termination Of A Nondurable Power Of Attorney.

523.09 TERMINATION OF A NONDURABLE POWER OF ATTORNEY.
A nondurable power of attorney terminates on the death of the principal, the incapacity or incompetence 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.
History:
1984 c 603 s 11; 1992 c 548 s 12
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.10 — Missing Persons Presumed Living.

523.10 MISSING PERSONS PRESUMED LIVING.
For purposes of this chapter, a missing person is presumed to be living until actual proof of death or legal adjudication of death occurs.
History:
1984 c 603 s 12
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.11 — Revocation Of A Power.

523.11 REVOCATION OF A POWER.
Subdivision 1.
Manner.
An executed power of attorney may be revoked only by a written instrument of revocation signed by the principal and, in the case of a signature on behalf of the principal by another or a signature by a mark, acknowledged before a notary public. The conservator or guardian of the principal has the same power the principal would have if the principal were not incapacitated or incompetent to revoke, suspend, or terminate all or any part of the power of attorney.
Subd. 2.
Effect; definition of actual notice of revocation.
Revocation of an executed power of attorney is not effective as to any party unless that party has actual notice of the revocation.
As used in this chapter, "actual notice of revocation" means that a written instrument of revocation has been received by the party. In real property transactions only, "actual notice of revocation" means that a written instrument of revocation has been received by the party, or that a written instrument of revocation containing the legal description of the real property has been recorded in the office of the county recorder or filed in the office of the registrar of titles. Recorded or filed revocation is actual notice of revocation of a power of attorney only as to any interest in real property described in the revocation and located in the county where it is recorded.
Subd. 3.
Presumptions.
A written instrument of revocation that purports to be signed by the principal named in the power of attorney is presumed to be valid. Any party receiving the written instrument of revocation may rely on this presumption and is not liable for later refusing to accept the authority of the attorney-in-fact.
Subd. 4.
Transferee affidavit of nonrevocation.
In the case of a conveyance of an interest in property, an affidavit signed by an initial transferee of the interest of the principal stating that the initial transferee had not received, at the time of the conveyance, a written instrument of revocation of the power of attorney, constitutes conclusive proof as to all subsequent transferees that no written instrument of revocation was received by the initial transferee, except as to a subsequent transferee who commits an intentional fraud.
History:
1984 c 603 s 13; 1992 c 548 s 13,14
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.12 — Power Of Attorney-in-fact To Bind Principal.

523.12 POWER OF ATTORNEY-IN-FACT TO BIND PRINCIPAL.
Any action taken by the attorney-in-fact pursuant to the power of attorney binds the principal, the principal's heirs and assigns, and the representative of the estate of the principal in the same manner as though the action was taken by the principal, and, during any time while a guardian or conservator has been appointed for the principal and only the guardian or conservator has the power to take relevant action, as though the action was taken by the guardian or conservator.
History:
1984 c 603 s 14
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.13 — Multiple Attorneys-in-fact.

523.13 MULTIPLE ATTORNEYS-IN-FACT.
Unless it is provided to the contrary in a power of attorney which authorizes two or more attorneys-in-fact to act on behalf of a principal, any action taken by any one of the several attorneys-in-fact pursuant to the power of attorney, whether the other attorneys-in-fact consent or object to the action, binds the principal, the principal's heirs and assigns, and the representative of the estate of the principal in the same manner as though the action was taken by the principal, and, during any time while a guardian or conservator has been appointed for the principal and only the guardian or conservator has the power to take the relevant action, as though the action was taken by the guardian or conservator.
History:
1984 c 603 s 15
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.131 — Qualification Of Successor Attorney-in-fact In Statutory Short Form Power Of Attorney.

523.131 QUALIFICATION OF SUCCESSOR ATTORNEY-IN-FACT IN STATUTORY SHORT FORM POWER OF ATTORNEY.
If two or more attorneys-in-fact are originally appointed and one dies, resigns, or is unable to serve, a successor attorney-in-fact named in a power of attorney executed in conformity with section 523.23 or a form prepared under section 523.231 replaces the attorney-in-fact who dies, resigns, or is unable to serve. If the original attorneys-in-fact were required to act jointly, the attorneys-in-fact acting at any time must act jointly. If the original attorneys-in-fact were allowed to act individually, the attorneys-in-fact acting at any time may act individually. If attorneys-in-fact acting at any time are required to act jointly, and there is only one remaining attorney-in-fact because of the death, resignation, or inability to serve of all other original and successor attorneys-in-fact, the remaining attorney-in-fact may act alone.
History:
1992 c 548 s 15; 2009 c 94 art 4 s 5
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.14 — Successor Attorney-in-fact Not Liable For Acts Of Predecessor.

523.14 SUCCESSOR ATTORNEY-IN-FACT NOT LIABLE FOR ACTS OF PREDECESSOR.
An attorney-in-fact who is named in a power of attorney to succeed an attorney-in-fact who dies, resigns, or otherwise is unable to serve, is not liable for any action taken by the predecessor attorney-in-fact.
History:
1984 c 603 s 16
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.15 — Co-attorneys-in-fact Not Liable For Acts Of Each Other.

523.15 CO-ATTORNEYS-IN-FACT NOT LIABLE FOR ACTS OF EACH OTHER.
When two or more attorneys-in-fact are authorized to act on behalf of a principal, an attorney-in-fact who did not join in or consent to the action of one or more co-attorneys-in-fact is not liable for that action. Failure to object to an action is not consent.
History:
1984 c 603 s 17
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.16 — Affidavit As Proof Of Authority Of Attorney-in-fact.

523.16 AFFIDAVIT AS PROOF OF AUTHORITY OF ATTORNEY-IN-FACT.
Subdivision 1.
Multiple attorneys-in-fact.
If the attorney-in-fact exercising a power pursuant to a power of attorney has authority to act as a result of the death, incompetency, or resignation of one or more attorneys-in-fact named in the power of attorney, an affidavit executed by the attorney-in-fact setting forth the conditions precedent to the attorney-in-fact's authority to act under the power of attorney and stating that those conditions have occurred is conclusive proof as to any party relying on the affidavit of the occurrence of those conditions.
Subd. 2.
Attorney-in-fact for member of military.
If an attorney-in-fact is exercising a power pursuant to a power of attorney executed by a member of the military in a form prepared under section 523.231, an affidavit executed by the attorney-in-fact setting forth the conditions precedent to the authority to act and stating the existence of those conditions is conclusive proof as to any party relying on the affidavit of the existence of those conditions.
History:
1984 c 603 s 18; 2009 c 94 art 4 s 6
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.17 — Affidavit Of Attorney-in-fact As Conclusive Proof Of Nontermination And Nonrevocation In Real Property Transactions.

523.17 AFFIDAVIT OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NONTERMINATION AND NONREVOCATION IN REAL PROPERTY TRANSACTIONS.
Subdivision 1.
Form of affidavit.
An affidavit of nontermination or nonrevocation in support of a real property transaction may be substantially in the following form:
AFFIDAVIT BY ATTORNEY IN FACT
) ss.
.
, Affiant
.
Signature of Notary Public or
Other Official
Subd. 2.Effect.
An affidavit by the attorney-in-fact under subdivision 1 is conclusive proof that the power of attorney has not terminated or been revoked, and that the powers granted extended to the property described in the power of attorney or any attachment to it, as of the time of the exercise of the power, as to any party relying on the affidavit except any party dealing directly with the attorney-in-fact who has actual knowledge that the power of attorney had terminated prior to the exercise of the power or actual notice of the revocation of the power of attorney or actual knowledge that the powers do not extend to the real property legally described in the power of attorney, including any attachment.
Subd. 3.
Real property transactions on behalf of entities.
When the principal under a power of attorney in a real property transaction is a corporation, partnership, limited liability company, or trust, the provisions of section 507.24, subdivision 2, 508.48, or 508A.48, as appropriate, and of section 523.18 shall apply, and an affidavit under this section shall not be required.
History:
1984 c 603 s 19; 1992 c 548 s 16; 1998 c 254 art 1 s 107; 2009 c 30 art 3 s 4
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.18 — Signature Of Attorney-in-fact As Conclusive Proof Of Nontermination.

523.18 SIGNATURE OF ATTORNEY-IN-FACT AS CONCLUSIVE PROOF OF NONTERMINATION.
In the exercise of a power granted by a power of attorney, other than in a transaction relating to real property described in section 523.17, a signature by a person as "attorney-in-fact for (Name of the principal)" or "(Name of the principal) by (Name of the attorney-in-fact) the principal's attorney-in-fact" or any similar written disclosure of the principal and attorney-in-fact relationship constitutes an attestation by the attorney-in-fact that the attorney-in-fact did not have, at the time of signing, actual knowledge of the termination of the power of attorney by the death of the principal or, in the case of a power of attorney to the spouse of the principal, by the commencement of proceedings for dissolution, separation, or annulment of the principal's marriage, or, if the power is one which terminates upon incapacity or incompetence of the principal, actual knowledge of the principal's incapacity or incompetence, or actual notice of the revocation of the power of attorney, and is conclusive proof as to any party relying on the attestation that the power of attorney had not terminated or been revoked at the time of the signature by the attorney-in-fact on behalf of the principal except as to any party who has actual knowledge that the power of attorney had terminated prior to the signature or actual notice of the revocation of the power of attorney.
History:
1984 c 603 s 20; 1986 c 444; 1992 c 548 s 17
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.19 — Third Parties Held Harmless.

523.19 THIRD PARTIES HELD HARMLESS.
Any party accepting the authority of an attorney-in-fact to exercise a power granted by a power of attorney is not liable to the principal, to the heirs and assigns of the principal, or to any representative of the estate of the principal if: (1) the applicable provisions of sections 523.17 and 523.18 have been satisfied; (2) the provisions of section 523.16 have been satisfied, if applicable; (3) the party has no actual notice of the revocation of the power of attorney prior to the transaction; (4) the party has no actual knowledge of the death of the principal and, if the power of attorney is not a durable power of attorney, has not received actual notice of a judicial determination that the principal is legally incapacitated or incompetent; and (5) the duration of the power of attorney specified in the power of attorney itself, if any, has not expired. A good faith purchaser from any party who has obtained an interest in property from an attorney-in-fact is not liable to the principal, the heirs or assigns of the principal, or the representative of the estate of the principal.
History:
1984 c 603 s 21; 1992 c 548 s 18
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.20 — Liability Of Parties Refusing Authority Of Attorney-in-fact To Act On Principal's Behalf.

523.20 LIABILITY OF PARTIES REFUSING AUTHORITY OF ATTORNEY-IN-FACT TO ACT ON PRINCIPAL'S BEHALF.
Any party refusing to accept the authority of an attorney-in-fact to exercise a power granted by a power of attorney which (1) is executed in conformity with section 523.23 or a form prepared under section 523.231; (2) contains a specimen signature of the attorney-in-fact authorized to act; (3) for a power of attorney executed on or after January 1, 2014, contains an acknowledgement that the attorney-in-fact has read and understood the notice to the attorney-in-fact required under section 523.23; (4) with regard to the execution or delivery of any recordable instrument relating to real property, is accompanied by affidavits that satisfy the provisions of section 523.17; (5) with regard to any other transaction, is signed by the attorney-in-fact in a manner conforming to section 523.18; and (6) when applicable, is accompanied by an affidavit and any other document required by section 523.16, is liable to the principal and to the principal's heirs, assigns, and representative of the estate of the principal in the same manner as the party would be liable had the party refused to accept the authority of the principal to act on the principal's own behalf unless: (1) the party has actual notice of the revocation of the power of attorney prior to the exercise of the power; (2) the duration of the power of attorney specified in the power of attorney itself has expired; or (3) the party has actual knowledge of the death of the principal or, if the power of attorney is not a durable power of attorney, actual notice of a judicial determination that the principal is legally incompetent. This provision does not negate any liability which a party would have to the principal or to the attorney-in-fact under any other form of power of attorney under the common law or otherwise.
History:
1984 c 603 s 22; 1986 c 444; 2009 c 94 art 4 s 7; 2013 c 23 s 1
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.21 — Duties Of An Attorney-in-fact.

523.21 DUTIES OF AN ATTORNEY-IN-FACT.
The attorney-in-fact shall keep complete records of all transactions entered into by the attorney-in-fact on behalf of the principal. The attorney-in-fact has no duty to render an accounting of those transactions unless: (1) requested to do so at any time by the principal; (2) the instrument conferring the power of attorney requires that the attorney-in-fact render accountings and specifies to whom the accounting must be delivered; or (3) the attorney-in-fact has reimbursed the attorney-in-fact for any expenditure the attorney-in-fact has made on behalf of the principal. A written statement that gives reasonable notice of all transactions entered into by the attorney-in-fact on behalf of the principal is an adequate accounting. The persons entitled to examine and copy the records of the attorney-in-fact are the principal, a person designated by the principal in the document creating the power of attorney as the recipient of accountings required by this section, and the guardian or conservator of the estate of the principal while the principal is living and the personal representative of the estate of the principal after the death of the principal. The attorney-in-fact has no affirmative duty to exercise any power conferred upon the attorney-in-fact under the power of attorney. In exercising any power conferred by the power of attorney, the attorney-in-fact shall exercise the power in the same manner as an ordinarily prudent person of discretion and intelligence would exercise in the management of the person's own affairs and shall have the interests of the principal utmost in mind. The attorney-in-fact is personally liable to any person, including the principal, who is injured by an action taken by the attorney-in-fact in bad faith under the power of attorney or by the attorney-in-fact's failure to account when the attorney-in-fact has a duty to account under this section.
History:
1984 c 603 s 23; 1992 c 548 s 19
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.22 — Liability Of Attorney-in-fact For Improper Execution Of Affidavits And Signature.

523.22 LIABILITY OF ATTORNEY-IN-FACT FOR IMPROPER EXECUTION OF AFFIDAVITS AND SIGNATURE.
Nothing in sections 523.01 to 523.24 limits any rights the principal may have against the attorney-in-fact for any fraudulent or negligent actions in executing affidavits or signing or acting on behalf of the principal as an attorney-in-fact. An attorney-in-fact who knowingly executes a false affidavit or, knowing that the conditions of section 523.18 are not satisfied, signs on behalf of the principal is liable for treble the amount of damages suffered by the principal.
History:
1984 c 603 s 24; 1992 c 548 s 20
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.231 — Alternative Short Forms For General Power Of Attorney For Military Members In Active Service.

523.231 ALTERNATIVE SHORT FORMS FOR GENERAL POWER OF ATTORNEY FOR MILITARY MEMBERS IN ACTIVE SERVICE.
The commissioner of military affairs may prepare alternative short forms for a general power of attorney for military members in active service, as defined in section 190.05. A form prepared by the commissioner is an alternative to the statutory short form in section 523.23.
History:
2009 c 94 art 4 s 10
2023 Minnesota Statutes › Chapters 520 - 523 — Fiduciaries; Powers Of Attorney › Chapter 523 — Powers Of Attorney › Section 523.26 — Judicial Relief.

523.26 JUDICIAL RELIEF.
(a) The principal or any interested person, as defined in section 524.5-102, subdivision 7, may petition the court for a protective order directing an attorney-in-fact to provide an accounting, on a schedule directed by a court, or for any other relief as provided in sections 524.5-401 to 524.5-502. The principal or a person named by the principal in the power of attorney to receive accountings is entitled to recover reasonable attorney fees and costs if the court finds that the attorney-in-fact failed to render an accounting to the principal or any person named by the principal in the power of attorney form to receive accountings after the duty to render an accounting arose.
(b) This section is effective August 1, 2013, and applies to powers of attorney executed before, on, or after that date.
History:
2013 c 23 s 6
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-101 — Citation And Numbering System.

524.1-101 CITATION AND NUMBERING SYSTEM.
This chapter shall be known and may be cited as the "Uniform Probate Code." It is arranged and numbered, subject however to the provisions of section 3C.10, subdivision 1, so that the enacted chapter may be compiled in the next published edition of Minnesota Statutes without change and in conformity with the official numbering of the Uniform Probate Code. The articles of Laws 1974, Chapter 442 are numbered out of sequence to facilitate the possible inclusion of other articles of the probate code in one chapter.
History:
1974 c 442 art 1 s 524.1-101; 1984 c 480 s 19; 1984 c 655 art 2 s 19 subd 7
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-102 — Purposes; Rule Of Construction.

524.1-102 PURPOSES; RULE OF CONSTRUCTION.
(a) This chapter and chapter 525 shall be liberally construed and applied to promote the underlying purposes and policies.
(b) The underlying purposes and policies of this chapter and chapter 525 are:
(1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons;
(2) to discover and make effective the intent of a decedent in distribution of property;
(3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to successors;
(4) to make uniform the law among the various jurisdictions.
History:
1974 c 442 art 1 s 524.1-102; 1975 c 347 s 12; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-103 — Supplementary General Principles Of Law Applicable.

524.1-103 SUPPLEMENTARY GENERAL PRINCIPLES OF LAW APPLICABLE.
Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement its provisions.
History:
1974 c 442 art 1 s 524.1-103
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-104 — Severability.

524.1-104 SEVERABILITY.
If any provision of this chapter or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are declared to be severable.
History:
1974 c 442 art 1 s 524.1-104
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-106 — Effect Of Fraud And Evasion.

524.1-106 EFFECT OF FRAUD AND EVASION.
Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this chapter or if fraud is used to avoid or circumvent the provisions or purposes of this chapter, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefiting from the fraud, whether innocent or not. Any proceeding must be commenced within two years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than five years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent while living which affects the succession of the estate.
History:
1974 c 442 art 1 s 524.1-106; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-107 — Evidence As To Death Or Status.

524.1-107 EVIDENCE AS TO DEATH OR STATUS.
In proceedings under chapter 524 the Rules of Evidence in courts of general jurisdiction including any relating to simultaneous deaths, are applicable unless specifically displaced by this chapter. In addition, the following rules relating to determination of death and status are applicable:
(1) a certified or authenticated copy of a death record purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie proof of the fact, place, date and time of death and the identity of the decedent;
(2) a certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that a person is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances and places disclosed by the record or report;
(3) the provisions of section 578.16 shall govern the presumption of death of a person whose absence is not satisfactorily explained.
History:
1974 c 442 art 1 s 524.1-107; 1975 c 347 s 13; 1Sp2001 c 9 art 15 s 32; 2012 c 143 art 3 s 38
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-108 — Acts By Holder Of General Power.

524.1-108 ACTS BY HOLDER OF GENERAL POWER.
For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all coholders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests as objects, takers in default, or otherwise, are subject to the power.
History:
1974 c 442 art 1 s 524.1-108; 1975 c 347 s 14
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-301 — Territorial Application.

524.1-301 TERRITORIAL APPLICATION.
Except as otherwise provided in this chapter, this chapter and chapter 525 apply to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in this state, and (2) the property of nonresident decedents located in this state or property coming into the control of a fiduciary who is subject to the laws of this state.
History:
1974 c 442 art 1 s 524.1-301; 1975 c 347 s 16
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-302 — Subject Matter Jurisdiction.

524.1-302 SUBJECT MATTER JURISDICTION.
(a) To the full extent permitted by the Constitution, the court has jurisdiction over all subject matter relating to estates of decedents, including construction of wills and determination of heirs and successors of decedents.
(b) The court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters which come before it.
History:
1974 c 442 art 1 s 524.1-302; 1975 c 347 s 17
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-303 — Venue; Multiple Proceedings; Transfer.

524.1-303 VENUE; MULTIPLE PROCEEDINGS; TRANSFER.
(a) Where a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed.
(b) If proceedings concerning the same estate, protected person, conservatee, or ward are commenced in more than one court of this state, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court.
(c) If a court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court making the finding may transfer the proceeding or file to the other court.
History:
1974 c 442 art 1 s 524.1-303; 1975 c 347 s 18
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-304 — Practice In Court.

524.1-304
MS 1974 [Repealed, 1975 c 347 s 144]
524.1-304 PRACTICE IN COURT.
(a) Unless inconsistent with the provisions of this chapter or chapter 525, pleadings, practice, procedure and forms in all probate proceedings shall be governed insofar as practicable by Rules of Civil Procedure provided for in section 484.81 and adopted pursuant thereto.
(b) Notwithstanding paragraph (a), and in addition to its general powers, the court shall have power to correct, modify, vacate, or amend its records, orders, and decrees:
(1) at any time, for the correction of clerical error or pursuant to the provisions of section 524.3-413;
(2) within the time for taking an appeal, for the correction of judicial error;
(3) within two years after petitioner's discovery thereof, for fraud, whether intrinsic or extrinsic, or misrepresentation unless petitioner be a party to such fraud; or
(4) within two years after the date of filing of any record, order, or decree, for excusable neglect, inadvertence, or mistake.
In any case, the petitioner must proceed with due diligence and may be barred by laches or the court may deny relief where it appears that the granting thereof would be inequitable in view of all the facts and circumstances appearing.
History:
1977 c 157 s 1; 2009 c 117 art 1 s 1; 2011 c 76 art 1 s 62
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-306 — Jury Trial.

524.1-306 JURY TRIAL.
(a) If duly demanded, a party is entitled to trial by jury in any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury.
(b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only.
History:
1974 c 442 art 1 s 524.1-306
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-307 — Registrar; Powers.

524.1-307 REGISTRAR; POWERS.
The acts and orders which this chapter specifies as performable by the registrar shall be performed by a judge of the court or by a person, including the court administrator, designated by the court by a written order filed and recorded in the office of the court.
In addition to acts specified in this chapter to be performed by the registrar, the registrar may take acknowledgments, administer oaths, fix and approve bonds, provide information on the various methods of transferring property of decedents under the laws of this state, issue letters in informal proceedings and perform such other acts as the court may by written order authorize as necessary or incidental to the conduct of informal proceedings. Letters, orders and documents issued by the registrar may be certified, authenticated or exemplified by the registrar or in the same manner as those issued by the court. All files shall be maintained by the court administrator. The probate registrar shall not render advice calling for the exercise of such professional judgment as constitutes the practice of law.
History:
1974 c 442 art 1 s 524.1-307; 1975 c 347 s 19; 1977 c 440 s 2; 1Sp1986 c 3 art 1 s 82
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-310 — Verification Of Filed Documents.

524.1-310 VERIFICATION OF FILED DOCUMENTS.
Every document filed with the court under this chapter or chapter 525 shall be verified except where the requirement of verification is waived by rule and except in the case of a pleading signed by an attorney in accordance with the Rules of Civil Procedure. Whenever a document is required to be verified:
(1) such verification may be made by the unsworn written declaration of the party or parties signing the document that the representations made therein are known or believed to be true and that they are made under penalties for perjury, or
(2) such verification may be made by the affidavit of the party or parties signing the document that the representations made therein are true or believed to be true.
A party who makes a false material statement not believing it to be true in a document the party verifies in accordance with the preceding sentence and files with the court under this chapter or chapter 525 shall be subject to the penalties for perjury.
History:
1974 c 442 art 1 s 524.1-310; 1976 c 161 s 3; 1986 c 444
2023 Minnesota Statutes › Chapters 524 - 532 — Probate; Property; Estates; Guardianships; Anatomical Gifts › Chapter 524 — Uniform Probate Code › Section 524.1-401 — Notice; Method And Time Of Giving.

524.1-401 NOTICE; METHOD AND TIME OF GIVING.
(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or the person's attorney if the person has appeared by attorney or requested that notice be sent to the attorney. Subject to paragraph (e), notice shall be given:
(1) by mailing a copy thereof at least 14 days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in the demand for notice, if any, or at the demander's office or place of residence, if known;
(2) by delivering a copy thereof to the person being notified personally at least 14 days before the time set for the hearing; or
(3) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing once a week for two consecutive weeks, a copy thereof in a legal newspaper in the county where the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing.
(b) The court for good cause shown may provide for a different method or time of giving notice for any hearing.
(c) Proof of the giving of notice shall be made on or before the hearing and filed in the proceeding.
(d) No defect in any notice nor in publication or in service thereof shall limit or affect the validity of the appointment, powers, or other duties of the personal representative. Any of the notices required by this section and sections 524.3-306, 524.3-310, 524.3-403 and 524.3-801 may be combined into one notice.
(e) Except where personal service is required by statute for the petition to appoint a guardian under section 524.5-308 or conservator under section 524.5-404, service of all documents and notices under this chapter may, and where required by Supreme Court rule or order shall, be made by electronic means other than facsimile transmission if authorized by rule or order of the Supreme Court and if service is made in accordance with the rule or order.
History:
1974 c 442 art 1 s 524.1-401; 1975 c 347 s 20; 1986 c 444; 2014 c 204 s 5