Finalizing a Health Care Directive in Minnesota

In Minnesota, you must have your health care directive notarized or witnessed.

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In Minnesota, your living will and durable power of attorney for health care are combined into one document called a Health Care Directive. Your health care directive must be signed by two witnesses or notarized. Neither your witnesses nor the notary may be your health care agent.

  • If you choose to have the document witnessed, at least one of the witnesses may not be a health care provider or an employee of a provider directly attending to you.
  • If you choose to have the document notarized, the notary may not be your health care agent.

After you sign your document and have it either notarized or witnessed, it is legally valid. Keep the original in your files and give a copy to your health care agent, if you named one. To ensure that you get the health care that you want, it’s a good idea to make your wishes widely known. So, you might also consider giving copies of your health care directive to your physician, your hospital, your HMO or other insurance plan, and trusted family members and friends.

Review your document every few years to make sure that it still reflects your wishes. Also, consider making new documents if you move to another state, get married or divorced, or if your agent is no longer able to supervise your wishes.

Your properly finalized document will stay in effect until you revoke it, if you ever choose to do so. You can revoke your document at any time. The best way to revoke your health care directive is to do it in writing. If possible, also collect and tear up all copies that you may have distributed to others. Finally, tell everyone who knows about your health care directive that you have revoked it.

Learn more about Living Wills and Medical Powers of Attorney.

Learn more about Minnesota Living Wills and Health Care Directives.

When you make a health care directive with Quicken WillMaker Plus, it will conform to all of Minnesota’s laws about living wills and powers of attorney for health care and it will print with plain English instructions that detail how to make it legal. 


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