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If You Already Have a Living Will or
Power of Attorney for Health Care
If you have a Living Will or a Power of Attorney for Health Care that was signed before 1989, it may still be valid. Check to see that it meets the six requirements listed below. If you haven’t reviewed the document in some time, check to see that it fits your current situation and health status and that it still expresses your wishes.
To be legal in Minnesota, a health care directive must:
§ be in writing;
§ bear the name and signature (or mark) of the person to whom it applies;
§ be dated;
§ name a health care agent (decision-maker) and/or state wishes/preferences about care;
§ be executed by a person with the capacity to understand and make decisions; and
§ be verified by two witnesses or a Notary Public.
Note:
§ Most Living Wills only apply if you have a terminal illness. A health care directive can apply any time you are unable to decide for yourself.
§ Giving someone the Power of Attorney for Health Care only gives that person the power to make health care decisions. A separate process is required to give someone Power of Attorney for financial or business decisions.
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