Health Care Directives
A health care directive is a document that allows you (the principal) to give guidance to health care providers about how your healthcare is managed or to appoint a healthcare agent to make decisions about your healthcare on your behalf. Health care directives only become effective when the principal is unable to make decisions on their own. A health care directive can give specific instructions to both health care providers and health care agents about, among other things, how care is to be managed, what medical steps are to be taken or not taken, whether anatomical gifts should be made if the principal dies and how the principal would like their remains handled after death (I.E. burial, cremation etc.).
Minnesota Health Care Directive
To be legally sufficient in Minnesota a health care directive must: 1.) Be in writing; 2.) Be dated; 3.) State the principal’s name; 4.) Be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal; 5.) 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 as allowed by Minnesota law; and 6.) Include a health care instruction, a health care power of attorney, or both.
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*This material is educational only, it does not constitute legal advice, it should not be relied on and it does not create an attorney-client relationship.