Q & A: Health Care Directives
Minnesota law allows you to inform others of your health care wishes. You have the right to state your wishes or appoint an agent in writing so that others will know what you want if you can’t tell them because of illness or injury. The information that follows tells about health care directives and how to prepare them. It does not give every detail of the law.
What is a Health Care Directive?
A health care directive is a written document that informs other of your wishes about your health care. It allows you to name a person (“agent”) to decide for you if you are unable to decide. It also allows you to name an agent if you want someone else to decide for you. You must be at least 18 years old to make a health care directive.
Why Have a Health Care Directive?
A health care directive is important if your attending physician determines you can’t communicate your health care choices (because of physical or mental incapacity). It is also important if you wish to have someone else make your health care decisions. In some circumstances, your directive may state that you want someone other than an attending physician to decide when you cannot make your own decisions.
How Do I Make a Health Care Directive?
There are forms for health care directives. You don’t have to use a form, but your health care directive must meet the following requirements to be legal:
• Be in writing and dated.
• State your name.
• Be signed by you or someone you authorize to sign for you, when you can understand and communicate your health care wishes.
Have your signature verified by a notary public or two witnesses.
Include the appointment of an agent to make health care decisions for you and/or instructions about the health care choices you wish to make.
What Can I Put in a Health Care Directive?
You have many choices of what to put in your health care directive. For example, you may include:
• The person you trust as your agent to make health care decisions for you. You can name alternative agents in case the first agent is unavailable, or joint agents.
• Your goals, values and preferences about health care.
• The types of medical treatment you would want (or not want).
• How you want your agent or agents to decide.
• Where you want to receive care.
• Instructions about artificial nutrition and hydration.
• Mental health treatments that use electroshock therapy or neuroleptic medications.
• Instructions if you are pregnant.
• Donation of organs, tissues and eyes.
• Funeral arrangements.
• Who you would like as your guardian or conservator if there is a court action.
Are There Any Limits to What I Can Put in My Health Care Directive?
There are some limits about what you can put in your health care directive. For instance:
• Your agent must be at least 18 years of age.
• Your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons for the naming of the agent in your directive.
• You cannot request health care treatment that is outside of reasonable medical practice.
• You cannot request assisted suicide.
How To Obtain Additional Information
Minnesota Board on Aging’s Senior LinkAge Line®, 1-800-333-2433. A suggested health care directive form is available on the internet at: http://www.mnaging.org/.
Source: MN Dept. of Health
