Minnesota Living Will Requirements
Based on Minnesota Statutes §145C (Health Care Directives)
Quick Summary
- Document type: Health Care Directive
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Minnesota requires 2 witnesses who are present when you sign your health care directive. Witnesses have the following restrictions:
Witness restrictions:
- A health care agent or alternate health care agent named in the directive may not act as a witness
- A health care agent or alternate health care agent named in the directive may not act as the notary public
- At least one witness must not be a health care provider or employee of a health care provider giving direct care to the principal on the date of signing
When Your Living Will Takes Effect
Your Minnesota living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition for which the administration of medical treatment will serve only to prolong the dying process.
Persistent Vegetative State
Minnesota does not separately define persistent vegetative state in its health care directive statute. The health care directive allows the principal to include instructions addressing any health care situation, including a state of permanent unconsciousness from which recovery is unlikely.
Irreversible Condition
An irreversible condition is encompassed within the definition of terminal condition as a condition that cannot be cured or reversed and for which medical treatment serves only to prolong the process of dying.
Important Notes for Minnesota
- Minnesota follows the Health Care Directive statute (Minnesota Statutes §145C)
- A health care directive must contain verification of the principal's signature either by a notary public or by two witnesses
- Notarization may be used as an alternative to witnesses for signature verification
- A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal
- The health care directive combines the living will and health care power of attorney into a single document
- Minnesota also has a separate Living Will statute (§145B) which remains in effect but is largely superseded by the health care directive
- A health care directive may include a health care instruction, a health care power of attorney, or both
- The directive may be revoked at any time by the principal by destroying the document, by written revocation, or by verbal expression of intent to revoke
- Individuals who are health care providers or facility employees may not serve as a health care agent unless they are related to the principal by blood, marriage, registered domestic partnership, or adoption
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.