Health Care Directives

A health care directive is a legal written document that tells others your wishes about your health care.

A health care directive is important if you can’t communicate your health care choices because of physical or mental incapacity. It is also important if you want someone else to make your health care decisions for you.

Minnesota law allows you to tell others what health care you want if you can’t tell them yourself because of illness or injury. You have the right to state your wishes in writing or to appoint one or more persons to serve as your agent(s). The job of your agent(s) is to carry out your wishes and/or to make decisions for you.

You can get forms for health care directives from the social worker assigned to the area where you are staying. You can also get the forms from your doctor, attorney, or the Minnesota Board on Aging (1-800-882-6262 or 651-296-2770).

You can choose which issues or treatments to deal with in your health care directive. You may be as specific or as general as you wish. Your heath care provider must follow your health care directive or any instructions from your agent, as long as the health care directive follows reasonable medical practice.

You cannot request health care treatment that is outside of reasonable medical practice or against the law. You cannot request assisted suicide. You or your agent cannot request treatment that won’t help you or which the provider cannot provide. If the provider cannot follow your agent’s directions about life-sustaining treatment, the provider must inform your agent. The provider must also document the notice in your medical record. Those providing your care must allow your agent to transfer you to another provider who will follow your agent’s directions.

You will still receive medical treatment if you don’t have a written health care directive. Health care providers will listen to what people close to you say your wishes would be. However, the best way to be sure your wishes are followed is to have a health care directive.

Health care directives from other states are legal if they meet both Minnesota requirements and the requirements of the other state’s laws. If you live in Wisconsin, you must use the form approved in Wisconsin. Your wishes will be followed in Minnesota hospitals.

Before August 1, 1998, Minnesota law allowed several other types of health care directives including living wills, durable health care, powers of attorney and mental health declarations. The law changed so people can use one form for all their health care instructions. Forms created before August 1, 1998, are still legal if they follow the law in effect when they were written. They are also legal if they meet the requirements of the new law.

If you would like more information on how to write a health care directive, please ask the social worker assigned to the area where you are staying.