Minnesota Now Allows Electronic Trusts, Powers of Attorney, and Health Care Directives

On Behalf of | Oct 14, 2026 | Probate & Estate Law

As of August 1, 2026, Minnesotans can sign trusts, powers of attorney, health care directives, and many guardianship and probate documents electronically. The Legislature adopted the Uniform Electronic Estate Planning Documents Act this spring (2026 Minn. Laws ch. 45, codified at Minn. Stat. ch. 533). It builds on the 2023 law that already allowed electronic wills. Together, the two laws mean nearly every core estate planning document can now exist in digital form.
The new law does three practical things. First, a document cannot be rejected just because it is electronic or signed electronically. Second, witnesses and notaries may participate through “electronic presence,” meaning real-time audio and video communication that is substantially the same as being in the same room. Third, anyone may print a paper copy of an electronic document and certify, under penalty of perjury, that it is accurate. That certified copy carries the same effect as the original, which matters when a bank, title company, or hospital asks for paper.
The law does not require anyone to go digital. Paper documents remain fully valid, and many clients will still prefer a traditional signing. It also does not override other laws that require a particular form, and it does not loosen the substantive rules. A power of attorney still has to meet Minnesota’s statutory requirements, and a health care directive still has to be properly witnessed or notarized. An electronic document signed under pressure, or by someone who lacks capacity, is just as vulnerable to challenge as a paper one.
For families, the biggest benefits are access and speed. An adult child in another state can witness or sign remotely. An agent can produce a power of attorney from a phone at the bank counter. A health care directive can travel with a patient between facilities. The risks are also new: where the authoritative version is stored, who controls the login, and whether institutions will accept it on day one. Expect some banks and care facilities to lag behind the statute.
If you signed your estate plan years ago, this is a good moment to review it, whether or not you want electronic copies. Ask your attorney how your documents are stored, how your agents will access them, and whether a certified paper copy should be kept with your records. Messick Law prepares and updates trusts, powers of attorney, and health care directives for families throughout Minnesota.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship.