Legal Requirements

• There are several requirements that must be met in order to establish a valid health care directive in Minnesota. According to state law, you must at least 18 years of age and of sound mind. Your document must be signed, dated and witnessed by two individuals who are not beneficiaries of your estate. Your health care directive takes effect when you notify your physician of its existence. Health care directives do not apply if you become incapacitated while pregnant and the fetus can be delivered with continued treatment.
  
  

Scope

• Under Minnesota law, you have the right to make decisions regarding when to administer or withhold treatment if you are in a terminal state. You must specify instructions regarding the use of artificial nutrition and hydration. You can also specify instructions regarding mental health treatment, donation of your organs and funeral arrangements. You may also appoint an agent to make health care decisions on your behalf. You may not include a request for any treatment or procedure that is beyond the scope of reasonable medical practice, including assisted suicide.
  
  

Physician Responsibilities

• Your physician is bound by law to carry out your wishes according to your health care directive. If he is unable or unwilling to do so, he is required to notify you if you are still competent. If you are considered incompetent, he must notify your agent of his unwillingness to comply and make all reasonable efforts to transfer you to the care of a physician who will execute your health care directive as written.
  
  

Revocation

• Minnesota law allows you to revoke your health care directive at any time in part or in whole. You may revoke your directive by destroying it or writing a new directive. Revocation takes effect when you communicate your desire to do so to your physician. This declaration may be written or oral. If you spouse is your designated agent, divorce automatically revokes this authority.
  
  

Considerations

• If you do not wish to be resuscitated by paramedics or hospital personnel, you may also consider drafting a separate Do Not Resuscitate order to ensure your wishes are upheld. You should also make copies of your health care directive and give them to your physician, relatives and friends.