§ 145B.06 — Compliance With Living Will
Plain-Language Summary
This section requires health care providers to follow the instructions in a valid living will. If a provider cannot follow the living will for moral or other reasons, they must transfer the patient to another provider who will.
145B.06 COMPLIANCE WITH LIVING WILL.
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Subdivision 1.By health care provider.
(a) A physician or other health care provider shall make the living will a part of the declarant’s medical record. If the physician or other health care provider is unwilling at any time to comply with the living will, the physician or health care provider must promptly notify the declarant and document the notification in the declarant’s medical record. After notification, if a competent declarant fails to transfer to a different physician or provider, the physician or provider has no duty to transfer the patient.
(b) If a physician or other health care provider receives a living will from a competent declarant and does not advise the declarant of unwillingness to comply, and if the declarant then becomes incompetent or otherwise unable to seek transfer to a different physician or provider, the physician or other health care provider who is unwilling to comply with the living will shall promptly take all reasonable steps to transfer care of the declarant to a physician or other health care provider who is willing to comply with the living will. §
Subd. 2.By proxy.
A proxy designated to make health care decisions and who agrees to serve as proxy may make health care decisions on behalf of a declarant to the same extent that the declarant could make the decision, subject to limitations or conditions stated in the living will. In exercising this authority, the proxy shall act consistently with any desires the declarant expresses in the living will or otherwise makes known to the proxy. If the declarant’s desires are unknown, the proxy shall act in the best interests of the declarant.
History:
History: History: 1989 c 3 s 6; 1991 c 148 s 6