Every person in Minnesota should have a Health Care Directive to designate someone to make health and medical decisions for them if they are unable. A Healthcare Directive may also be called a Living Will, Advanced Directive, or Healthcare Power of Attorney.
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Minnesota law allows you to inform others of your health care wishes. You have the right to state your wishes or appoint an agent in writing so that others will know what you want if you can’t tell them because of illness or injury. The information that follows tells about health care directives and how to prepare them. It does not give every detail of the law.
A health care directive is a written document that informs other of your wishes about your health care. It allows you to name a person (“agent”) to decide for you if you are unable to decide. It also allows you to name an agent if you want someone else to decide for you. You must be at least 18 years old to make a health care directive.
A health care directive is important if your attending physician determines you can’t communicate your health care choices (because of physical or mental incapacity). It is also important if you wish to have someone else make your health care decisions. In some circumstances, your directive may state that you want someone other than an attending physician to decide when you cannot make your own decisions.
Simply put, putting your wishes about your health care in writing helps make sure they’ll be known and followed by family, friends, health care providers and others. Sometimes decisions must be made when a person isn’t able to decide or communicate preferences. A health care directive communicates your wishes when you’re not able to.
You don’t have to have a health care directive. But, writing one helps to make sure your wishes are followed.
You will still receive medical treatment if you don’t have a written directive. Health care providers will listen to what people close to you say about your treatment preferences, but the best way to be sure your wishes are followed is to have a health care directive.
There are forms for health care directives. You don’t have to use a form, but your health care directive must meet the following requirements to be legal:
Before you prepare or revise your directive, you should discuss your health care wishes with your doctor or other health care provider.
Information about how to obtain forms for preparation of your health care directive can be found below.
Health care directives prepared in other states are legal if they meet the requirements of the other state’s laws or the Minnesota requirements. But requests for assisted suicide will not be followed.
You have many choices of what to put in your health care directive. For example, you may include:
You may be as specific or as general as you wish. You can choose which issues or treatments to deal with in your health care directive.
There are some limits about what you can put in your health care directive. For instance:
Your health care directive lasts until you change or cancel it. As long as the changes meet the health care directive requirements listed above, you may cancel your directive by any of the following:
Your health care provider generally will follow your health care directive, or any instructions from your agent, as long as the health care follows reasonable medical practice. But, you or your agent cannot request treatment that will not help you or which the provider cannot provide. If the provider cannot follow your agent’s directions about life-sustaining treatment, the provider must inform the agent. The provider must also document the notice in your medical record. The provider must allow the agency to arrange to transfer you to another provider who will follow the agent’s directions.
Before August 1, 1998, Minnesota law provided for several other types of directives, including living wills, durable health care powers of attorney and mental health declarations.
The law changed so people can use one form for all their health care instructions.
Forms created before August 1, 1998, are still legal if they followed the law in effect when written. They are also legal if they meet the requirements of the new law (described above). You may want to review any existing documents to make sure they say what you want and meet all requirements.
You should inform others of your health care directive and give people copies of it. You may wish to inform family members, your health care agent or agents, and your health care providers that you have a health care directive. You should give them a copy. It’s a good idea to review and update your directive as your needs change. Keep it in a safe place where it is easily found.
Complaints of this type can be filed with the Office of Health Facility Complaints at 651-201-4200 (Metro Area) or Toll-free at 1-800-369-7994.
Complaints of this type can be filed with the Minnesota Health Information Clearinghouse at 651-201-5178 or Toll-free at 1-800-657-3793.
Common legal terms related to a Minnesota Health Care Directive include
The Minnesota Attorney General’s Office provides this free Health Care Directive form to use as a template for your loved ones: Minnesota Health Care Directive Form.
CREDIT: Some of this was extracted from information provided by Minnesota government offices.
Important: This material was prepared by law firm staff for educational purposes only. Use this to spot issues to discuss with your lawyer, not as a replacement for a lawyer. You should not rely on this info. It may not be appropriate for your circumstances. It may be out-of-date or otherwise inaccurate.
Aaron Hall
Business Attorney
Minneapolis, Minnesota
[email protected]
