Minnesota Medical Power of Attorney Form
A Minnesota medical power of attorney is a document that a principal fills out to give an agent the legal ability to make health-related choices for them if they are unable. The principal can use the form to specify which treatments or care they prefer, and the agent must follow these guidelines as written. Once the principal becomes incapacitated, they cannot complete or sign the form as these actions must occur before illness or injury. Before signing, the principal should discuss their preferences with their primary physician and selected agent.
The physician must follow the wishes as stated in the form, even if they feel another course of treatment would be best. The principal can give the agent as much or as little authority as they’d like depending on the options they select in the form. If they specifically want to limit the agent’s power, they can state how they want or do not want the agent to act when faced with specific situations or decisions.
Each party involved (i.e., principal, agent, physician) should keep a copy of the signed medical power of attorney. Having a copy of the form allows the agent and physician to reference the form as needed. By signing, the agent agrees to act in the principal’s best interest, although they are not liable for decisions made with good intentions.
Laws: Chapter 145C
Signing requirements (§ 145C.03): The principal must sign in the presence of a Notary Public or one (1) witness who cannot be:
- Agent;
- Related person (by blood or marriage);
- The receiving estate after death;
- Physician; and/or
- An employee of the physician or health care facility (unless the employee is a relative).