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A Minnesota living will, also known as a Minnesota health care directive and a Minnesota advance directive form, is a document designed to record your wishes about your future health care instructions from a terminal condition or incurable injury. This legal document is used in the event that you are no longer able to make your own decisions. It must comply with Minnesota law. A Minnesota living will allows you to appoint a healthcare agent and an alternate agent who will make medical decisions according to your already recorded desires if you are incapacitated. You cannot name your doctor or an employee of your doctor as your healthcare agent unless they are a family member by blood, marriage, or adoption. A Minnesota living will must be signed by two witnesses or notarized.
According to Minnesota statutes, a living will is not the same as a durable power of attorney. If you are interested in establishing a power of attorney of any kind, you should seek legal advice from an estate planning attorney.
Chapter 145C: Minnesota living wills, known as health care directives, may appoint someone to make decisions on behalf of the declarant. It may also include an additional healthcare power of attorney.
This document is just one of the forms used in an estate plan. It’s also important to create a Minnesota last will and testament.
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