Living Wills and Advance Directives in Minnesota
How to make a valid living will (advance directive) and medical power of attorney in Minnesota, with the official form.
Short answer: Minnesota combines the living will and health care power of attorney into one 'health care directive.' A directive can contain health care instructions (such as wishes about life-sustaining treatment), appoint a health care agent, or both. Minn. Stat. §§ 145C.03, 145C.16
| Living will / advance directive | Minnesota combines the living will and health care power of attorney into one 'health care directive.' A directive can contain health care instructions (such as wishes about life-sustaining treatment), appoint a health care agent, or both. To be legally sufficient it must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone the principal authorizes), and be verified by a notary public or by two witnesses. A suggested optional form is printed in the statute. Suggested form: https://www.revisor.mn.gov/statutes/cite/145C.16 Source: Minn. Stat. §§ 145C.03, 145C.16 |
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| Medical power of attorney | The 'health care power of attorney' part of a Minnesota health care directive names a health care agent (and alternates). The agent or alternate may not witness or notarize the directive, and at least one witness may not be a health care provider (or provider's employee) giving direct care to the principal; a notary may be a provider's employee. Unless related to the principal or the directive says otherwise, a health care provider attending the principal (or that provider's employee) cannot serve as agent, nor can the person the principal named to determine decision-making capacity. |
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FAQ
How do I make a living will in Minnesota?
Minnesota combines the living will and health care power of attorney into one 'health care directive.' A directive can contain health care instructions (such as wishes about life-sustaining treatment), appoint a health care agent, or both. To be legally sufficient it must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone the principal authorizes), and be verified by a notary public or by two witnesses. A suggested optional form is printed in the statute.
How do I make a medical power of attorney in Minnesota?
The 'health care power of attorney' part of a Minnesota health care directive names a health care agent (and alternates). The agent or alternate may not witness or notarize the directive, and at least one witness may not be a health care provider (or provider's employee) giving direct care to the principal; a notary may be a provider's employee. Unless related to the principal or the directive says otherwise, a health care provider attending the principal (or that provider's employee) cannot serve as agent, nor can the person the principal named to determine decision-making capacity.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.