Health Care Directives

Under Minnesota law, you have the right to state your wishes regarding the types of health care you want (and the type of care you don't want).  You also have the right to appoint a "health care agent" to make important health care decisions for you when you "lack decision-making capacity." 

A properly drafted health care directive is critical to ensuring that your health care wishes are carried out.  And it is important to ensure that your chosen "health care agent" is making the right decisions on your behalf.  Having clear health care directives in place also promotes family unity in times of crisis, and avoids potential conflicts and court actions similar to what we witnessed in the Terri Shiavo case.

While there are forms for health care directives, it is important that you seek appropriate counsel to confirm that your wishes are unambiguously set forth in a manner that is enforceable under Minnesota law.

You have many choices of what to put in your health care directive. For example, you may include:

• The person you trust as your agent to make health care decisions for you. You can name alternative agents in case the first agent is unavailable, or joint agents.
• Your goals, values and preferences about health care.
• The types of medical treatment you would want (or not want).
• How you want your agent or agents to decide.
• Where you want to receive care.
• Instructions about artificial nutrition and hydration.
• Mental health treatments that use electroshock therapy or neuroleptic medications.
• Instructions if you are pregnant.
• Donation of organs, tissues and eyes.
• Funeral arrangements.
• Who you would like as your guardian or conservator if there is a court action.

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, however, limits on what you can put in your health care directive.  For example:

• Your agent must be at least 18 years of age.
• Your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons for the naming of the agent in your directive.
• You cannot request health care treatment that is outside of reasonable medical practice.
• You cannot request assisted suicide.

What If I've Already Prepared a Health Care Document?   Is It Still Good?

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.

What Should I Do With My Health Care Directive After I Have Signed It?

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.