Do I Need to Have My Minnesota Living Will Witnessed or Notarized?

In Minnesota, you must sign your health care directive in front of witnesses or a notary.

In Minnesota, your  living will and medical power of attorney  are combined into a single document called a health care directive.  You may use your health care directive to document your health care wishes and to name a trusted person to make health care decisions for you when you cannot make those decisions for yourself.

Sign Your Minnesota Health Care Directive in Front of Two Witnesses or a Notary

Your health care directive must be signed by two witnesses or notarized. Neither your witnesses nor the notary may be your health care agent. In addition, 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.

What to Do With Your Signed Health Care Directive

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. 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 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

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 Minnesota law. Your document will print with plain English instructions telling you how to make it legal.  

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