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.

A health care directive must be in writing, dated, state the principal's name, be signed by a principal with capacity (or by someone authorized to sign for the principal), and be verified by a notary public or by two witnesses. The named agent may not witness or notarize, and at least one witness may not be a health care provider (or employee) giving direct care to the principal. A suggested, optional form is in statute.

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.

Minnesota has a "Statutory Short Form Power of Attorney" for general (financial) powers (Minn. Stat. 523.23); the principal's signature must be acknowledged before a notary public or other official, while the attorney-in-fact's acknowledgment and specimen signature does not need notarization. A health care directive must be signed by the principal (or an authorized person for the principal) and the signature verified either by a notary public or by witnesses; a named health care agent or alternate may not act as witness or notary, and at least one witness must not be a health care provider (or provider's employee) giving direct care to the principal, though a notary may be such an employee (Minn. Stat. 145C.03).