Complete Guide to Advance Health Care Directives in Minnesota

Looking to ensure your healthcare wishes are followed in Minnesota? An advance health care directive allows you to do just that. It is crucial to involve and inform people close to you about your advance care directive to ensure your wishes are respected and carried out. This guide provides step-by-step instructions on how to create and manage your directive, ensuring your preferences are respected when you can’t communicate them yourself.

Key Takeaways

An advance care directive in Minnesota allows individuals to specify their health care preferences and appoint a decision-maker, called a health care agent, ensuring their wishes are respected when they cannot communicate them.

To create a legally binding directive, it must be written, signed, and witnessed according to Minnesota law; clear instructions are crucial to guide health care agents effectively.

Advance directives remain valid until revoked or updated, and it is recommended to review them every three to five years or after significant life changes to ensure they reflect current wishes.

Minnesota Advance Care Directive: An Overview

An advance care directive in Minnesota is a vital planning tool that allows you to name a decision-maker and state your health care wishes. The primary purpose of an advance care directive is to ensure that your preferences are honored when you are unable to speak for yourself. Minnesota law (§ 145C) permits any adult to put their health care choices in writing, making it a legally recognized document that outlines your medical treatment preferences.

While having an advance care directive is not mandatory, it is strongly encouraged for everyone aged 18 and older. The document remains valid until you choose to change or revoke it, and even those created before August 1, 1998, are still considered valid.

It is also important to involve and inform people close to you about your advance care directive. Sharing copies with key people, including family members and health care agents, ensures that everyone is aware of your health care decisions.

Hospitals in Minnesota are required to inform patients of their rights regarding advance directives upon admission. This ensures that even if you don’t have a directive, emergency care will still be provided under Minnesota law. Key agencies such as the Minnesota Department of Health and the Minnesota Board on Aging play crucial roles in educating the public about the importance of advance care directives.

Creating Your Advance Care Directive

Creating an advance care directive involves several important steps to ensure that your wishes are clearly communicated and legally recognized. The process begins with understanding that this legal document is triggered by your incapacity to make decisions. It’s essential to carefully consider your preferences and discuss them with your chosen decision-maker, called a health care agent, and physician before finalizing the directive.

The Minnesota Health-Care Directive Planning Toolkit is an invaluable resource that provides step-by-step guidance on how to create your health care directives, from choosing your health care agent to writing clear instructions and meeting the signing and witnessing requirements.

Proper storage and sharing of your directive are also crucial to ensure that it is accessible when needed. Now, let’s delve deeper into each of these steps to help you create a comprehensive and effective advance care directive.

Choosing Your Health Care Agent

Selecting a health care agent, called a health care agent, is one of the most critical decisions you’ll make when creating your advance care directive. Minnesota law allows you to appoint a trusted adult (18 or older) to act as your health care agent. Identify at least one primary agent and consider appointing alternates in case your primary agent is unavailable. This person will be responsible for making health care decisions on your behalf, so it’s crucial that they understand and respect your values and goals.

Before finalizing your decision, have a thorough discussion with your physician to ensure that your wishes are medically feasible and clearly communicated in the form of a written document. Your agent should be someone you trust implicitly, who is willing to advocate for your preferences, and who can handle the emotional and practical responsibilities of the role.

By choosing the right person, you can rest assured that your health care decisions will be in capable hands, promoting your wellbeing.

Writing Clear Instructions

Clear and specific instructions are the backbone of an effective advance care directive. Start by talking through various scenarios with your health care agent to ensure they understand your preferences. Your instructions should include both desired treatments and those you wish to refuse, such as ventilation or tube feeding. This level of detail will help your agent and health care providers make decisions that align with your wishes.

It's also crucial to involve and inform people close to you about your advance care directive. Sharing copies of the directive with key people, including family members and health care agents, ensures everyone is aware of your health care decisions.

If you have specific mental health directives, such as preferences for electroconvulsive therapy (ECT) or medications, be sure to include these as well. Additionally, consider including a values section where you can express your quality of life considerations, spiritual or cultural priorities, and any other factors that are important to you.

By communicating your wishes clearly in writing, you ensure that your health care agent and providers can follow your instructions accurately.

Signing and Witnessing Requirements

To make your advance care directive legally binding, it must be written, dated, and signed by you or an authorized signer. Minnesota law provides two options for witnessing your signature: you can either have the document notarized by a notary public, which requires one signature, or have it witnessed by two individuals who are not related to you and are not your appointed health care agent. Your health care agent cannot act as a witness.

These witnessing requirements are in place to ensure the authenticity of your advance care directive and to protect against any potential conflicts of interest. Once the document is properly signed and witnessed, it becomes a legally recognized expression of your health care preferences.

What You Can (and Can’t) Include

When creating your advance care directive, it’s important to understand what types of directives you can include and what limitations exist under Minnesota law. You are allowed to specify your preferences for life-sustaining care, artificial nutrition, and organ donation. Additionally, you can include mental health instructions and set limits on pain management, ensuring that your care aligns with your personal values and medical needs.

However, there are certain limitations to what you can include in your advance care directive. For instance, requests for assisted suicide are not legally recognized in Minnesota and will be considered void. Additionally, your health care agent cannot authorize intrusive mental health treatments like electroshock therapy unless you specifically designate them as your "proxy" for such treatments in your directive, following Minnesota's recently enacted legislation on this matter.

Be aware that health care providers may claim a conscience objection to certain directives. In such cases, they are required to state their policy in writing. Understanding these constraints will help you create a directive that is both comprehensive and legally compliant.

Validity, Updates & Revocation

An advance care directive remains valid until you choose to update or revoke it. Review your directive every three to five years or after any major life or health changes to ensure that it still accurately reflects your wishes. To update your directive, you must execute a new document following the current legal requirements.

If you decide to revoke your advance care directive, you can do so by destroying all copies of the document or by informing two adults that you are canceling it. This ensures that your previous instructions are no longer in effect and prevents any confusion in the future.

Keeping your directive up to date and reviewing it regularly will help ensure that your health care preferences are always honored.

Handling Out-of-State Directives

For those who travel frequently or move between states, it’s important to understand how out-of-state directives are handled in Minnesota. Generally, an advance directive created in another state will be recognized in Minnesota if it complies with either the standards of the originating state or Minnesota’s standards. This provides flexibility and ensures that your health care preferences are respected regardless of where you are.

However, it’s advisable for snowbirds and individuals who move between states to double-check their directives for any clauses that Minnesota may not honor, such as aid-in-dying provisions. By ensuring that your directive is compliant with Minnesota law, you can avoid potential complications and ensure that your wishes are upheld.

Storing & Sharing Your Directive

Proper storage and sharing of your advance care directive are crucial to ensuring that it is accessible when needed. Keep the original document with your personal papers, but avoid storing it in a bank safe-deposit box, which may not be easily accessible in an emergency. Distribute signed copies to your health care agent(s), primary doctor, and include it in your hospital’s electronic medical records. Share copies with key family members to ensure they are aware of your wishes.

It is also important to involve and inform people close to you about your advance care directive. Clear communication with people about your treatment preferences ensures that your wishes are respected and carried out.

Additionally, consider carrying a wallet card that notes the location where you can find your directive. This can be helpful in emergencies when you may not be able to communicate your preferences directly. Making sure that your directive is easily accessible will help ensure that your health care wishes are followed.

Addressing Provider Non-Compliance

Despite having a legally binding advance care directive, there may be instances where health care providers do not comply with your wishes. If this happens, you can file complaints with the Office of Health Facility Complaints at the state level or with the managed-care office for Health Maintenance Organizations (HMOs). Providers who refuse to follow life-support directions are required to inform your health care agent and document their refusal. They must also arrange for your transfer to a facility that will comply with your wishes.

By understanding your rights and the reasons to take in case of non-compliance, you can ensure that your health care preferences are respected and followed even in challenging situations.

Resources for Additional Information

There are numerous resources available to help you create and manage your advance care directive. Free forms can be obtained from local hospitals and organizations like Honoring Choices Minnesota. The Minnesota Health-Care Directive Toolkit is a comprehensive resource that can be downloaded to guide you through the process.

For those needing additional assistance, legal aid clinics offer low or no-cost help with advance care planning. The Minnesota State Bar directory can also connect you with attorneys who specialize in advance care directives. Utilizing these resources can provide you with the support and information needed to create a thorough and effective directive.

Ready to Put Your Wishes in Writing? We Can Help.

If you’re unsure how to draft—or update—your Minnesota Health Care Directive, don’t go it alone. The team at Steve Wilson Law Office focuses on advance-care planning and offers free, no-obligation consultations. Even if we’re not the right fit, we’ll point you to trusted resources so your voice is heard when it matters most.

Don’t leave your future to chance. Whether you need a first-time directive, a comprehensive review, or guidance on out-of-state documents, we’ll walk you through every step—agent selection, precise instructions, proper witnessing, and secure storage—so your preferences carry full legal weight.

📞 Call our Minnesota offices at (952) 250-0075 or use our secure contact form to schedule your free evaluation today. Our skilled attorneys can craft a personalized, legally sound advance care directive plan that protects your interests and provides your family with true peace of mind.

Summary

In summary, an advance care directive is a crucial document that ensures your health care preferences are respected when you are unable to communicate them yourself. By understanding the process of creating, updating, and storing your directive, you can take proactive steps to secure your future health care decisions.

We hope this guide has provided you with the information and resources needed to create an effective advance care directive. Take action today to give yourself and your loved ones peace of mind knowing that your health care wishes will be honored.

Frequently Asked Questions

Creating an advance care directive can raise many questions. Here are some of the most frequently asked questions:

Is a directive required in Minnesota?

A directive is not required in Minnesota, but it is highly recommended for individuals over the age of 18.

Can I name more than one agent?

You can name more than one agent, and it is advisable to appoint alternatives for added security.

How often should I revise it?

You should revise it every three to five years or following any significant life changes. This ensures that your information remains current and relevant.

Can I include mental health instructions?

Yes, you can include mental health directives, such as preferences for ECT or medication, in your instructions. This ensures that your mental health needs are respected and addressed.

What should I do if a provider refuses to follow my directive?

If a provider refuses to follow your directive, you should file a complaint and ensure arrangements are made for your transfer to a compliant facility. This action will protect your rights and preferences in receiving care.

Does a health care directive need to be notarized in Minnesota?

In Minnesota, a health care directive does not need to be notarized, but it must be either signed in the presence of a notary public or witnessed by two individuals to be legally valid.

What are the three types of advance directives?

The three types of advance directives include the living will, durable power of attorney for health care, and the health care proxy, each serving to communicate your medical treatment preferences when you're unable to do so.

What is the Minnesota advance directive?

The Minnesota advance directive is a legally recognized document that allows individuals to outline their health care preferences and appoint a decision-making agent, ensuring their medical treatment wishes are followed when they are unable to communicate them themselves.

What is the difference between an advance care plan and an advance directive?

An advance care plan is a comprehensive arrangement outlining your future health care preferences, while an advance directive is a legal document that specifies your medical treatment wishes and appoints a health care agent to make decisions if you're unable to communicate them.

What is the difference between a DNR and an advance care directive?

A DNR (Do Not Resuscitate) order is a specific medical directive that instructs health care providers not to perform CPR if your heart stops, whereas an advance care directive is a broader legal document outlining your overall health care preferences and appointing an agent to make decisions on your behalf if you're unable to communicate.