Updated on March 2nd, 2022
A Minnesota advance directive is a medical document that enables an individual to elect a health care agent and detail the treatments and procedures they would like to receive should they lose the ability to communicate their wishes. The first part of the document transfers power from the patient to a health care agent once the former loses decision-making capacity, a term defined under 145C.01.1b as “the ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision.” The second part of the document allows the individual to express their goals, beliefs, and fears regarding their health care.
- Agent’s Duties – § 145C.07
- Laws – Chapter 145C (Health Care Directives)
- Signing Requirements (§ 145C.03(5)) – Two (2) Witnesses or Notary Public
- Statutory Form – § 145C.16
Statute – 145C.01.5a
“Health care directive” means a written instrument that complies with section 145C.03 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.