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145C.09 Revocation of durable power of attorney.

Subdivision 1. Revocation. The principal may revoke a durable power of attorney for health care at any time by doing any of the following:

(1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the durable power of attorney for health care instrument or directing another in the presence of the principal to destroy the durable power of attorney for health care instrument;

(2) executing a statement, in writing and dated, expressing the principal's intent to revoke the durable power of attorney for health care;

(3) verbally expressing the principal's intent to revoke the durable power of attorney for health care in the presence of two witnesses who do not have to be present at the same time; or

(4) executing a subsequent durable power of attorney for health care instrument, to the extent the subsequent instrument is inconsistent with any prior instrument.

Subd. 2. Effect of dissolution or annulment of marriage or termination of domestic partnership on appointment of agent. Unless the durable power of attorney for health care expressly provides otherwise, the appointment by the principal of the principal's spouse or domestic partner as agent under a durable power of attorney for health care is revoked by the commencement of proceedings for dissolution, annulment, or termination of the principal's marriage or commencement of proceedings for termination of the principal's registered domestic partnership.

HIST: 1993 c 312 s 10

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Revisor of Statutes