A Health Care Directive (sometimes referred to as a “Living Will” or a “Durable Power of Attorney for Health Care”) is a document that helps those involved in your care know what your wishes are when you are not able to communicate those desires at a point in time when decisions regarding your care need to be made.
How do I make a Health Care Directive in Minnesota?
In Minnesota there is not one required document or form that must be used in order to create a Health Care Directive. It can be as long and detailed or as “short and sweet” as you like, so long as some basic, required information is contained in the document.
The following must be present in order for a Health Care Directive to be valid:
- The Principal (person making the Health Care Directive for their care) must be 18 years or older and have the mental capacity to understand and make decisions;
- Be in writing and state the Principal’s name;
- The date the Directive was made;
- The name of the Health Care Agent (person designated to make health care decisions for the Principal when the Principal is not able to) AND/OR statements/instructions/wishes about the health care choices to be made on the Principal’s behalf;
- Be signed by the Principal and witnessed by either:
- A notary public, OR
- Two witnesses who are NOT the Health Care Agent named in the document
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