Minnesota Medical Power of Attorney Form [PDF]

A Minnesota medical power of attorney, or a healthcare power of attorney, is a legal document that allows one person, called the agent or the attorney-in-fact, to act on behalf of another person, called the principal, and make decisions about their medical treatment and healthcare.

The medical power of attorney should be issued when the principal is in unstable physical or mental health or is facing a serious medical procedure or surgery that will make them unable to make healthcare decisions themselves.

In this way, the agent or attorney-in-fact will be able to make medical decisions on behalf of the principal according to the medical preferences they have outlined in the medical power of attorney.

Laws and Legal Requirements for a Medical Power of Attorney in Minnesota

Laws and Legal Requirements

Chapter 145B of the Minnesota Statutes regulates the medical power of attorney status.

Section 145C.16 provides that the principal should sign the medical POA before a notary public or at least two witnesses.

Section 145C.09 provides the revocation requirements. It requires the principal to revoke the medical power of attorney in writing. Moreover, the principal should have legal capacity at the time of revocation. However, the document can also be revoked verbally in the presence of at least two witnesses.

How to Write a Medical Power of Attorney in Minnesota

To make a valid Minnesota medical power of attorney that is in accordance with the state laws and regulations, you should follow the steps outlined below.

How to Write a Medical Power of Attorney

#1. Access the Medical Power of Attorney Form

Here, you can find the medical power of attorney template, which will include all the information that should be provided for the power of attorney to be valid and effective. Our specially designed legal document builder will give you specific instructions on filling out each section of the document.

First, you should enter the basic details about the principal and the document, such as the principal’s full name, mailing address, contact details, and date of issuing the power of attorney.

#2. Appoint a Healthcare Representative

In this section, you will provide details about the person you want to authorize to act as your agent or attorney-in-fact and make important decisions about your healthcare. You should choose someone of legal age and with the legal capacity to act.

Moreover, you should find someone you can trust. This can be your spouse, a blood relative, a friend, or any other trusted advisor. To appoint a healthcare representative, enter their full name, mailing address, and contact details on the power of attorney form.

This section also includes medical power of attorney rights and limitations. This defines your agent's scope of authority.

#3. Identify an Alternative Healthcare Representative

Here, you will appoint a secondary agent by entering their full name, mailing address, and contact details. You can appoint one or more people as your secondary agents.

The secondary agent will act only in cases where the primary agent cannot do so. This can happen if the primary agent loses their capacity, passes away, or is unable to represent the principal in some other way.

#4. Identify the Witnesses and Have Them Sign the Form

After completing the medical power of attorney form, you should print and sign the document. When signing the medical POA, you should have at least two witnesses present. They will confirm that you were of sound mind and had no influence when you signed the document.

#5. Notarize the Form

Alternatively, you can sign the document before the notary public instead of having two witnesses acknowledge your signature. The notary public will confirm your identity and confirm that you have willingly signed the medical power of attorney.