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Making an Advance Directive in Minnesota
A Minnesota Advance Directive is a legal document that outlines your preferences with regard to health care, such as your request for or refusal of a medical treatment, and/or the appointment of a chosen decision maker.
The person making an Advance Directive is known as the "principal," and the people or entities receiving permission to carry out the principal's wishes are called "agents." Suitable for residents of Minnesota, this Advance Directive can be used in Ramsey County, Dakota County, Hennepin County, and in all other parts of the state. Each Minnesota Advance Directive from Rocket Lawyer can be personalized for your specific situation. This document provides proof of your decisions to healthcare institutions, and it will confirm that your selected agent has been given the authority to act in your interest.
It is quick and easy to set forth your medical wishes with a free Minnesota Advance Directive template from Rocket Lawyer:
This solution will often end up being much less expensive and less time-consuming than finding and hiring the average law firm. If necessary, you can prepare this Advance Directive on behalf of your spouse or another relative, and then help them sign it after you've drafted it. Please note that for an Advance Directive to be considered legally valid, the principal must be an adult who is mentally competent when they sign. If the principal has already been declared incompetent, a conservatorship might be necessary. When dealing with this situation, it's best to talk to a lawyer.
Everyone over 18 years old should have an Advance Healthcare Directive (both a Healthcare Power of Attorney and a Living Will). While it may be challenging to think about, there will likely come a time when you cannot make medical decisions on your own. Here are a few typical circumstances in which you might find it useful to make or update your Advance Directive:
Regardless of whether this Minnesota Advance Directive is being made as a result of a recent change in your health or as part of a long-term plan, notarization and/or witnesses are highly recommended for protecting your document if its legitimacy is disputed by a third party. In Minnesota, Advance Directives that contain your medical treatment preferences are not valid during pregnancy.
Making an Advance Directive is usually simple to do, but you could still need advice. Finding a legal professional to check your Advance Directive could take a lot of time if you attempt to do it on your own. An alternate approach might be via Rocket Lawyer attorney services. Rocket Lawyer members are able to request a document review from an experienced lawyer or pose other legal questions. As always, you can be confident that Rocket Lawyer is by your side.
The cost of working with a lawyer to produce an Advance Directive might total anywhere between $200 and $1,000, depending on where you are. Rocket Lawyer isn't your average Advance Directive template provider. With our service, anyone under a Rocket Lawyer membership has access to up to a 40% discount when hiring an On Call attorney.
Alongside each Advance Directive, there's a series of instructions that you'll need to finalize your document. You are encouraged to take any or all of these actions related to your document: editing it, downloading it as a PDF document or Word file, and/or signing it. Finally, your agent(s) and care providers should receive a copy of your fully executed document.
The requirements and restrictions will vary by state; however, in Minnesota, your Advance Directive needs to be signed by two witnesses or a notary public. Only one of the witnesses to your Advance Directive can be your healthcare provider. As a basic principle, witnesses will need to be over 18 years old, and no witness should also be acting as your healthcare agent.
Legal references for an Advance Directive in Minnesota: § 145C.03