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An advance directive for health care is a legal document that allows individuals to outline their preferences regarding medical treatment, particularly in situations where they may be unable to communicate their wishes due to a serious condition.
Under Minnesota law, an advance directive form can include both a living will and a durable power of attorney for health care (medical power of attorney). So, this document enables individuals to specify their desired medical treatments and appoint a trusted agent to make health care decisions on their behalf.
This way, individuals can be assured that their medical choices will be respected when they can no longer voice them independently.
Signing Requirements for Minnesota Advance Health Care Directive
Section 145C.03 of the Minnesota Statutes outlines the specific requirements for the proper creation and execution of a health care advance directive, including:
Signing Requirements for Minnesota
Signature requirements. The principal must sign the document. If the principal cannot sign, another person can sign on their behalf, but the principal must authorize this.
Verification of signature. The principal's signature (or the signature of the person authorized to sign for them) must be verified by either a notary public or two witnesses.
Additionally, certain individuals, such as the ones listed below, are excluded from serving as witnesses or notaries to ensure impartiality:
The appointed health care agent or alternate agent.
A health care provider giving direct care to the principal or an employee of that health care provider on the day the directive is signed.
A notary public can be an employee of the health care provider giving direct care but not a witness.
Minnesota Advance Health Care Directive Revocation & Changing
Minnesota advance directive is effective when a doctor, advanced practice registered nurse or physician assistant determines that the principal lacks the capacity to make their own health care decisions, according to Section 145C.06.
Section 145C.09 states that the principal can revoke an advance directive for health care by:
Directive Revocation and Changes
Physically destroying advance directive
Creating a written and dated statement that expresses the intent to revoke
Verbally stating the intent to revoke it in front of two witnesses
Making a new health care advance directive that conflicts with the old one
Additionally, if the principal starts divorce or partnership termination proceedings, any appointment of a spouse or partner as a health care agent is automatically revoked unless otherwise specified.
A court can also declare an advance directive invalid if it was made under coercion, fraud, or does not meet legal requirements.
Additional Legal Considerations for Minnesota Advance Health Care Directive
According to Section 145C.04, a health care directive from another state is valid in Minnesota if it meets the legal requirements of the state where it was made or complies with Section 145C.03.
As stated in Section 145C.08, a health care agent has the same rights as the principal to access, review, and obtain copies of their medical records.
Section 145C.15 specifies that if a health care agent directs life-sustaining treatment, such as nutrition or hydration, the health care provider must do everything to deliver that care, as long as they are legally able and capable of doing so. If they cannot provide it, they must quickly transfer the person to a provider who can.
How to Choose a Health Care Agent in Minnesota
When choosing a Minnesota health care proxy, select someone who is at least 18 years old, of sound mind, willing to follow your wishes, and whom you fully trust. The most common choice is a family member, close friend, or attorney. On the other hand, your health care provider or staff at your care facility cannot be your agent.
What Happens if You Don’t Have an Advance Directive in Minnesota?
Without an advance directive in Minnesota, there are no clear instructions regarding an individual's medical wishes. In this situation, medical decisions are made based on the doctor's assessment of what is best for the patient's condition rather than the patient's personal desires.
Therefore, if you have strong opinions about the treatments you would want or do not want in the event of future medical issues, engaging in advance care planning is crucial and implies creating an advance directive to ensure your preferences are documented and communicated.