Most Minnesotans have heard the term “living will,” but many do not realize that Minnesota law uses a different term: the health care directive. Completing a health care directive is among the most important things you can do for yourself and your family, and you do not have to be elderly or seriously ill to benefit from one.
At Syverson PLLC, attorney Bill Syverson has helped hundreds of Minnesota families build estate plans that prepare them for the unexpected. A health care directive is a cornerstone of that planning. Understanding exactly what it does and why it matters can help you prepare for the future.
What Minnesota Law Says About Health Care Directives
Minnesota does not use the term living will in its statutes. Instead, Minnesota Statutes Chapter 145C governs what the state calls a health care directive, which combines two things into one document: your written medical instructions and, if you choose, the appointment of a health care agent to make decisions on your behalf.
Before 1998, Minnesota had separate documents for living wills and health care powers of attorney. The law was updated to allow people to handle both in a single, streamlined form. That is the health care directive most Minnesotans use today.
To be legally valid in Minnesota, your health care directive must be in writing, dated, include your name, and be signed by you and verified by either a notary public or two adult witnesses. Your witnesses cannot be your named health care agent, so choose them carefully.
What a Health Care Directive Actually Does
A health care directive lets you communicate two distinct things: who you want to make medical decisions for you, and what decisions you want made. You can address one or both in your document.
The first part allows you to name a health care agent, sometimes called a health care proxy, who is authorized to speak with doctors and make treatment decisions on your behalf if you are unable to do so. This could be a spouse, an adult child, a sibling, or a close friend. The person you name should know your values and be someone you trust to follow your wishes even under pressure.
The second part contains your actual health care instructions. You can specify what interventions you do or do not want in various scenarios, including situations where you are dying, permanently unconscious, temporarily incapacitated, or completely dependent on others for care. You can also address pain management, artificial nutrition and hydration, and organ donation.
Why Every Adult Needs One, Not Just Seniors
A common misconception is that health care directives are only for older adults or people with serious illnesses. In reality, any adult can become incapacitated suddenly due to an accident, a stroke, a surgical complication, or any number of unexpected events.
If something happens to you and you do not have a health care directive in place, your loved ones may face an agonizing situation. Without legal authority to act, family members may disagree about your care. In serious cases, they may have to petition a court for guardianship just to make decisions on your behalf. A properly drafted health care directive eliminates that uncertainty.
This document is also a gift to the people who love you. When your wishes are documented clearly, your family does not have to guess what you would have wanted. They can focus on being present with you rather than being forced into an impossible decision.
How It Works Alongside Your Other Estate Planning Documents
A health care directive works alongside, but is separate from, your financial power of attorney. Your financial power of attorney designates someone to manage your money and property if you become incapacitated. Your health care directive handles your medical decisions. Together, these two documents ensure that both your finances and your healthcare are in trusted hands if you cannot manage them yourself.
Your health care directive also works in coordination with your will or trust. Your will governs what happens to your assets after you pass away. Your health care directive governs what happens to you while you are still living but unable to communicate your wishes. Both documents are essential parts of a complete plan.
One important note: your health care directive goes into effect when your attending physician, advanced practice registered nurse, or physician assistant determines that you lack the ability to make your own medical decisions. It does not give anyone ongoing authority over your healthcare while you are perfectly capable of speaking for yourself.
What to Think About Before You Create One
Before sitting down to draft your health care directive, it helps to reflect on a few questions. Who do you trust most to carry out your wishes under difficult circumstances? Have you talked with that person about your values and what matters most to you in terms of medical care?
You should also think about your wishes in specific scenarios. Would you want every possible life-sustaining measure taken if there were no reasonable chance of recovery? Are there treatments you would want to avoid? How do you feel about artificial nutrition and hydration? These are not easy questions, but answering them in advance spares your family from having to guess.
Minnesota law does not require you to use any particular form, though a statutory form is available under Chapter 145C. What matters most is that your directive is clear, specific, and legally executed. Working with an attorney ensures that your document says exactly what you intend and holds up when it is needed most.
Contact a Saint Cloud Estate Planning Attorney Today
Completing a health care directive is one of the most important things you can do for the people who love you. It takes the guesswork out of an already difficult situation and ensures that your voice is heard even when you cannot speak for yourself.
Bill Syverson has extensive experience helping St. Cloud area families put the right documents in place. If you are ready to create or update your health care directive and create an effective estate plan, we are here to help. Contact Syverson PLLC today to schedule a consultation and take this important step for yourself and your family.
