Minnesota guide
Minnesota Health Care Directive: What to Know and Where to Keep It
A health care directive lets you name someone to make medical decisions if you cannot, and say what care you do and do not want. In Minnesota it is the main document for this, and it works best when the people who need it can find it quickly. Here is how it works and how it fits in an emergency binder.
What it is
Minnesota calls its advance directive a health care directive. It can name a health care agent to decide for you and can state your treatment preferences. Minnesota's statute offers a suggested form, but the form is a template and not a required one.
How to make it valid
You sign it, and then it must be either notarized or witnessed by two people. The date is completed when it is notarized or witnessed. Under Minnesota Statutes section 145C.16:
- If you use a notary, the person you name as agent or alternate agent cannot be the notary.
- If you use two witnesses, both must be at least 18 and neither can be your agent or alternate agent. Only one witness may be a health care provider (or a provider's employee) who is giving you direct care that day.
Who should have a copy
- Your health care agent and alternate agent.
- Your primary doctor, so it can go in your medical record. Ask whether your clinic or hospital system stores it in your online chart.
- Any hospital or clinic you use often.
- Your emergency binder, with a note saying where the signed original is kept.
Where to find help in Minnesota
Many Minnesota hospitals and clinics offer advance care planning classes or appointments. In the Brainerd lakes area, health systems such as Essentia Health run advance care planning programs. Local hospice organizations also publish family resources. Your county, a senior center or the Minnesota Board on Aging's Senior LinkAge Line can point you to local help.
What the directive does not do
It covers health care decisions. It does not say who inherits your property (that is a will), and it does not give anyone authority over your money (that is a financial power of attorney). An emergency binder is the place that records where all of those documents are.
Keep everything findable
The free Emergency Binder Lite has a documents page for your directive, will and powers of attorney. The Paper Trail adds medical information, accounts and a 30 to 90 day list for your family.
Frequently asked questions
Does Minnesota require a specific health care directive form?
No. Minnesota's statute includes a suggested form, but it is a template and not a required one.
How do I sign a Minnesota health care directive?
You sign it, and it must be notarized or witnessed by two people. The person you name as your agent cannot act as the notary or as a witness.
Can my doctor witness my directive?
Only one of the two witnesses may be a health care provider, or a provider's employee, who is giving you direct care that day. A witness in that position must initial a designated box on the form.
Who should get a copy?
Your health care agent and alternate agent, your primary doctor and any hospital or clinic you use often, plus a note in your emergency binder saying where the signed original is kept.
Is this legal advice?
No. This is general information. For your situation, ask an attorney or a health care provider's advance care planning staff.
AuraByRobbie sells The Paper Trail on Etsy. This guide is general information, not legal, tax, financial or medical advice.