Healthcare Directive
A legal document that states your wishes for medical treatment if you become unable to speak for yourself, and names someone to make healthcare decisions on your behalf.
A healthcare directive is a legal document that lets you plan ahead for medical decisions. In Minnesota, healthcare directives are governed by Chapter 145C of Minnesota Statutes. The document serves two main purposes: it lets you write down your wishes for medical care, and it lets you name a person (called a “healthcare agent”) to make decisions for you if you cannot make them yourself.
Minnesota combined what used to be two separate documents into one. Before the current law, people needed a “living will” to state their treatment wishes and a separate “healthcare power of attorney” to name someone to make decisions. Now, a single healthcare directive covers both. You may sometimes hear the term “advance directive” used to mean the same thing, though “healthcare directive” is the official term under Minnesota law.
To be valid in Minnesota, a healthcare directive must be in writing, signed, dated, and witnessed by two people or notarized. You must be at least 18 years old and able to understand what you are signing. You can change or cancel your healthcare directive at any time, as long as you are able to make your own decisions. Your healthcare agent only has the power to act when a doctor determines that you can no longer make or communicate your own healthcare decisions.
Why it matters: Without a healthcare directive, your family may have to go to court to get the authority to make medical decisions for you. This can be stressful, expensive, and time-consuming during an already difficult situation. Having a healthcare directive in place ensures your wishes are known and that someone you trust can act on your behalf.
Example: A 45-year-old Minnesota resident creates a healthcare directive naming her sister as her healthcare agent. The document states that she does not want to be kept on life support if she has no reasonable chance of recovery. Two years later, she is in a serious car accident and cannot communicate. Her sister is able to work with doctors to make medical decisions based on the wishes written in the directive.
Estate planning, hospital admissions, serious illness preparation