Why plan in advance  for health care?

You may be one of the 70 to 80 percent of Americans who will be faced with decisions about medical treatments as you near the end of life. These decisions can be complicated, emotional, and are often made in a time of crisis. If you are not able to make these decisions for yourself, a loved one or caregiver will have that responsibility. Planning ahead, especially if you put your wishes and preferences in writing, can help ensure that you receive the kind of care you want, and can be a special gift you give to your loved ones.

What is a Health Care Directive?

A Health Care Directive is a written document that can guide health care decisions in the event that you become unable to make or communicate decisions for yourself. In a health care directive you may do one or both of the following:

• Name a person or persons to make health care decisions for you, and/or
• State your wishes and preferences about the kind of care you want
  

Before 1989, Minnesota law recognized the Living Will or the Power of Attorney for Health Care as official documents that could guide health care decisions. The Health Care Directive combines the purposes of these two documents.

What are the legal requirements for a Health Care Directive?

To be legal in Minnesota, a Health Care Directive must:

• be in writing;
• bear the name and signature (or mark) of the person to whom it applies;
• be dated;
• name a health care agent (decision-maker) and/or state wishes/preferences about care
  
• be executed by a person with the capacity to understand and make decisions; and
• be verified by two witnesses or a Notary Public.

There are many different Health Care Directive forms available that meet the legal requirements in Minnesota. It is not necessary to have an attorney provide or fill out the form. In fact, it is not necessary to use a pre-printed form at all. Any written statement that meets the requirements stated above can serve as a legal health care directive.

Will your Health Care Directive be honored?

• Talk to your loved ones and medical providers about your wishes and preferences and give them each a copy of your directive. (A copy is just as legal as the original!
  
• Keep your directive up to date. Review and update your directive regularly, especially when you move, your health or your health care provider changes, or you need or want to change your agent. Keep a list of who has copies so that you can provide them with the updated version.

Remember that your Health Care Directive is a statement of wishes and preferences. Having a directive does not guarantee that you will get exactly what you wish for. However, having a plan and talking about that plan with the people who are important to you does guarantee that you will have a say in the decisions about your care.

Where to get more information