The Minnesota Health Care Directive Page 3
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Beware of Confusing a Health Care Directive with other Estate Planning Tools!
A Will: A legal document written to have control over what happens to one’s
property and assets when one dies. This does not involve health care decisions.
A Power of Attorney: A legal document in which one person gives another the
authority to make specific financial decisions. Unless specifically written to do so, this
will not cover health care decisions
.
Know the Facts!
♦ Once a health care directive is written, it can be changed or revoked as long as you
have capacity.
♦ It is just as important for an individual who wants to initiate or continue medical
treatment to leave written instructions as it is for individuals who have other
preferences.
♦ A health care directive does not require an attorney to complete. A suggested form
and suggestions for completing are included inside to help you put your wishes in
writing.
♦ It is illegal for a health care provider to require you to complete an advance directive.
Health care providers are required to tell you about advance directive laws in
Minnesota and note whether or not you have an advance directive in your medical file.
♦ Laws regarding advance directives are not the same in all fifty states in the U.S. If
you spend a great deal of time in another state, or move to another state, be sure you
understand the laws.
Step-by-Step Suggestions for Completing
Part I: Naming an Agent
Review the Agent’s Duties
When naming a health care agent, select someone who is at least 18 years of age and,
when possible, someone who:
You trust;
Has similar beliefs and values about medical care and death or dying OR is
willing to carry out your wishes even if they are different from his or her own;
Is not easily intimidated by family members, friends, or health care providers;
Will be an advocate for your interests;
These materials were developed by a group of professionals with expertise in law,
health care, life and death health care decision making, and plain language materials
development with the leadership of Marlene S. Stum, PhD, University of Minnesota
Extension Service. (Updated 2008)
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