Power of attorney short form

It might become easier for some active military personnel to give power of attorney.

Sponsored by Rep. Mike Obermueller (DFL-Eagan) and Sen. Tarryl Clark (DFL-St. Cloud), HF1960*/SF1712 would create a new short form for active duty Minnesota military personnel serving outside the state.

Approved 131-0 by the House May 5, it awaits Senate action.

“The power of attorney provided in this short form is the same as any other,” Obermueller said. “It just gives another tool for military personnel about to be deployed outside the state to give power attorney to usually a family member or friend.” It would automatically expire when the person is off active duty.

Obermueller said the greatest difference between the current form and that proposed is accountability.

“This bill provides that unless the service person thinks otherwise, there’s going to be an accounting of the money spent or used by the attorney-in-fact,” Obermueller said. “That is not in current law, although you could always negotiate that or use that point if you wanted to have it. This sets it out as a baseline.”

Rep. Dan Severson (R-Sauk Rapids) wondered if there are safety measures in the bill so the power of attorney is not abused and future earnings are not put in jeopardy.

“If the short form is used, it does prohibit the power of attorney from transferring money to themselves out of the accounts,” Obermueller said. The attorney-in-fact must also report what money was used and for what purpose. “If you just sign the short form as it is would provide that quarterly, but you could even put it in place, as part of signing off on it as the principal, at weekly, monthly or once a year, however you want to do it.”