Minnesota law: an adult may execute a health care directive - Living Will Instructions or Power of Attorney for Health Care directing that life-sustaining procedures be withheld or withdrawn
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Minnesota Advance Health Care Directive: It is not mandatory that you have health care directive, however it is highly recommended. Without advance directive you can not communicate your wishes to the doctor |
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According to Minnesota law a principal with the capacity to do so may execute a health care directive. A health care directive may include one or more health care instructions to direct health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a health care power of attorney to appoint a health care agent to make health care decisions for the principal when the principal, in the judgment of the principal's attending physician, lacks decision-making capacity, unless otherwise specified in the health care directive.
The statutory form is not mandatory, but recommended. Before you start working on your document you need to reed the following definitions: Health care directive means a written instrument that complies with section 145C.03 of MN Statutes and includes one or more health care instructions, a health care power of attorney, or both; or a durable power of attorney for health care executed under this chapter before August 1, 1998. Health care instruction means a written statement of the principal's values, preferences, guidelines, or directions regarding health care. Principal means an individual age 18 or older who has executed a health care directive. Health care agent means an individual age 18 or older who is appointed by a principal in a health care power of attorney to make health care decisions on behalf of the principal. Health care agent may also be referred to as "agent." Health care means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a person's physical or mental condition. Health care includes the provision of nutrition or hydration parenterally or through intubation but does not include any treatment, service, or procedure that violates the provisions of section 609.215 prohibiting assisted suicide. Health care also includes the establishment of a person's abode within or without the state and personal security safeguards for a person, to the extent decisions on these matters relate to the health care needs of the person. Health care decision means the consent, refusal of consent, or withdrawal of consent to health care. Reasonably available means able to be contacted and willing and able to act in a timely manner considering the urgency of the principal's health care needs. In exercising authority under a health care directive, a health care agent has a duty to act in good faith. A health care agent or any alternate health care agent has a personal obligation to the principal to make health care decisions authorized by the health care power of attorney, but this obligation does not constitute a legal duty to act. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan may not condition admission to a facility, or the providing of treatment or insurance, on the requirement that an individual execute a health care directive. The Minnesota health care directive is not limited to decisions relating to a terminal condition. A health care directive can be used to provide guidance for decisions of all types which need to be made at any time one is not capable of making decisions. The Minnesota Living Will () allows you to express your end-of-life health related wishes in advance, while you are in a good state of mind. In a Minnesota Living Will you may state whether you accept or reject life-supporting treatment, such as feeding tube, artificial nutrition or hydration, cardiac resuscitation, mechanical respiration, etc., in case you can not communicate your wishes due to the illness, advanced age, or brain damage. In this document you may state whether you wish to donate your organs for research, educational or other purposes. You may also look at your Minnesota Living Will as a supportive guideline for your health care agent to make the decision in compliance with your desires. The Minnesota Advance Health Care Directive must contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses After you sign your Minnesota Advance Health Care Directive please do not forget to:
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