Minnesota Living Will
Form reviewed by Bahman Eslamboly, Attorney at FindLegalForms
Living Will Form for use in Minnesota.
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Use this form if:
- You are at least 18 years of age.
- You reside in Minnesota.
This is what you will receive:
- Information, Instructions and Minnesota Statutory References for the Living Will
- A lawyer-prepared Minnesota Living Will Form.
Minnesota Living Will
Product Details
| Product | Minnesota Living Will |
| Country | United States |
| Pages | 9 |
| Dimensions | Designed for Letter Size (8.5" x 11") |
| Printer compatibility | Designed to print on all ink-jet and laser printers |
| Editable | Yes (.doc, .wpd and .rtf) |
| Format |
Microsoft Word Adobe PDF WordPerfect Rich Text Format |
| Platform |
Windows Compatible Mac Compatible Linux Compatible |
| Availability | In Stock. Instant Download |
| Usage | Unlimited number of prints |
| Category | Living Wills |
| Product number | #19252 |
| Download time | Less than 1 minute (approx.) |
| Document Access |
Via secret online address Email with download links Email with attachment upon request |
| Refund Policy | 60 days, no-questions asked, 100% money back guarantee |
Frequently Asked Questions
Living Will FAQ
What is a Living Will?
A Living Will is a legal document that explains your wishes for your medical care in extreme and specific circumstances. Though it is called a “will,” it is only similar to a standard will in that it explains what you want to happen while you are unable to explain your own wishes. However, a Living Will can still be used while you are alive – hence the name – but will be employed only when you are mentally/physically incapable of expressing your wishes yourself.
Essentially, a Living Will is a legal document that tells your doctors and family how to handle your medical care in situations where you cannot express those wishes yourself. It is separate from a Durable Power of Attorney for Health Care in that it lays out your wishes and a Durable Power of Attorney for Health Care appoints someone to make your medical decisions on your behalf.
Why would I need a Living Will?
A Living Will is crucial to use if you have specific wishes on how you want to be treated in certain situations – for example, if you are mentally incapacitated in an accident. If you want to continue to receive life-saving treatment, you can establish this in your Living Will and ensure that this is the treatment you receive. Without a Living Will, the decision may pass to someone else,and they may make the decision you did not want to have made.
What kind of information can I put in a Living Will?
Generally, the Living Will will address life-prolonging health care you receive while you’re incapacitated. You are known as the “declarant,” which means you’re simply declaring your wishes regarding this type of medical care. You will typically need to address what you want in the cases of highly specific issues; this means you’ll likely go through a few of these issues hypothetically and write down your wishes should these scenarios ever arise. Information such as who you want to make decision for you are left to other documents and can be handled with a comprehensive Advance Health Care Directive (see next question).
What is an Advance Health Care Directive?
An Advance Health Care Directive is essentially a comprehensive plan you have for situations that would call for Living Wills, but is slightly more comprehensive than a Living Will because it will also include the naming of a proxy that can make your decisions for you. In this situation, the Living Will is then used as a guideline for your wishes (to be carried out by the person granted your Health Care Power of Attorney), but not necessarily the final word in any particular decision made about your health care.
Technically, a Living Will is a type of Advance Health Care Directive, which simply refers to any arrangements you make in advance of health care issues like those presented here.
If I have a Living Will, do I still need a Will?
Yes, because a Will addresses completely separate issues from that of a Living Will. While both documents address difficult scenarios to think about, they are completely separate scenarios as well. In the Will, you make arrangements for what will happen to your property after your passing. In the Living Will, you make arrangements for how you want your body cared for while you’re still alive – with the possibility of recovering or not.
Is a Living Will similar to a Living Trust?
Though they might sound the same, in reality the two different arrangements have little to do with each other. A Living Trust is an arrangement that you can set up in order to transfer property upon your death while a Living Will is an arrangement in which you address your medical issues while still alive.
What kind of events might necessitate reviewing my Living Will?
Though the Living Will generally won’t require many changes over the years (except the changes you personally want to make), it’s important to remember that an Advance Health Care Directive such as a Living Will might depend on a durable power of attorney for health care that you wanted to appoint to a spouse that you are no longer married to. This is why it’s important to review these documents after a divorce, as well as regularly revisit them from time to time to ensure that they match your wishes.
What’s the difference between a Living Will and Durable Power of Attorney for Health Care?
The Living Will establishes your wishes; the Durable Power of Attorney for Health Care establishes who will make the decisions on your behalf while you’re still alive, albeit incapacitated. In essence, the Living Will allows you to make your own decisions and the Durable Power of Attorney for Health Care appoints someone else to make them for you. Both can be useful to have, however, simply because you may not have thought of every possible scenario in your Living Will.
When is a Living Will enforceable?
A Living Will is enforceable only when it is legally crafted (according to the laws in your state), signed, and when the circumstances that the Living Will describes actually come to pass. Otherwise, your medical decisions will all be handled normally. Also, it is important to remember that if you appoint someone with Durable Power of Attorney for Health Care, they may be able to make the final decisions about your health care.
What are the requirements for a Living Will to be valid?
The Living Will should conform to all local and state laws and should address issues that will actually arise in the event of a medical emergency or specific condition.
When is a Living Will effective?
A Living Will’s effectiveness depends on whether or not it is valid (see question above) and whether the situations described in the Living Will actually come to pass. If not, you will simply continue to live your life the way you usually have, making your own medical decisions along the way.
Is This Form Right For You?
Use This Form If:
- Individuals who wish to ensure their medical treatment preferences are honored in the event of terminal illness or incapacitation can utilize this form. By completing a Living Will, they provide clear instructions to healthcare providers regarding their desires for life-prolonging measures.
- For those who have strong beliefs about end-of-life care, this form serves as a vital tool to communicate their wishes. It allows individuals to specify whether they want to receive or refuse life-sustaining treatment, ensuring their values are respected even when they cannot voice them.
- Situations requiring clarity in medical decision-making often arise during critical health crises. This Living Will provides a legally binding document that can alleviate the burden on family members by outlining the individual's preferences regarding medical interventions.
- Patients undergoing serious medical treatments may want to prepare for unforeseen circumstances. By establishing a Living Will, they can proactively dictate their healthcare choices, reducing uncertainty for both themselves and their loved ones.
- Families facing difficult decisions about a loved one's care can benefit from this form. It provides a clear directive that can guide family members and healthcare providers in making choices that align with the patient's wishes.
Do Not Use If:
- – This form is not appropriate for individuals who are not yet 18 years old, as minors cannot legally execute a Living Will in Minnesota. In such cases, parents or guardians may need to make healthcare decisions on their behalf.
- – If a person is currently in a state of mental incapacity and unable to understand or express their wishes, they should not attempt to create a Living Will. It is essential that individuals are of sound mind when drafting such documents.
- – For those who are not residents of Minnesota, this Living Will may not be valid. Individuals should seek a Living Will that complies with the laws of their respective state to ensure enforceability.
- – Individuals who are not comfortable making decisions about their medical treatment or who prefer to leave such decisions to family members may find this form unnecessary. In such cases, a healthcare proxy may be more appropriate.
- – If someone is undergoing a temporary medical condition and expects to recover, a Living Will may not be suitable. This document is intended for long-term situations involving terminal illness or incapacitation.
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Product Laws
Living Will Laws - Minnesota
State Law Reference: Minnesota Statutes Annotated.
Living Will Form: Health Care Living Will (Section 145B-04).
Other Directives: An organ donation form is provided on this site as part of the state-specific Advance Health Care Directive under the Anatomical Gift Act (Sections 525.9211+52A.01+).
Living Will Effective: Living Will becomes effective in the event that you can no longer make your own medical decisions. Not valid if pregnant. (Sections 145B.02 and 145B.04).
Living Will/Advance Health Care Directive Witness Requirements: Sign in the presence of two (2) witnesses eighteen (18) years or older or a notary public. A witness cannot be the person whom you appointed as your agent. At least one (1) witness cannot be your health care provider or an employee of your health care provider. (Section 145B.03).
Advance Health Care Directive: Agent may consent, refuse to consent, withdraw consent to any care, treatment, procedure or health care decision to maintain, diagnose, or treat mental or physical condition of principal including food and water by artificial means. Divorce revokes any designation of former spouse as agent to make health care decisions. Revocable at any time by (1) destroying; (2) written statement expressing intent to revoke; (3) verbally expressing intent to revoke in presence of 2 witnesses; (4) executing subsequent instrument. Power of attorney document, when executed in another state in compliance with that state’s law is valid and enforceable in Minnesota to the extent it is consistent with Minnesota law. Health care provider is not subject to criminal prosecution, civil liability or professional disciplinary action if they rely in good faith on health care decision made by agent; no criminal, civil, or professional liability for health care provider who administers health care to keep patient alive despite agent’s decision) if all reasonable steps were promptly taken to transfer patient to complying provider. State-specific form is provided by legislature and is referred to as Health Care Living Will. (Section 145B.04).
Durable Health Care Power of Attorney: State-specific form is part of Advance Health Care Directive. (Section 145B.04). Follow signature, witness, and notary requirements as noted on form.
Durable Financial Power of Attorney: State-specific form provided by legislature allows choice as to whether Power of Attorney will be durable or non-durable. (Section 523.07). Follow signature, witness, and notary requirements as noted on form. Also included on CD is Minnesota Affidavit by Attorney-in-Fact of Nontermination or Nonrevocation, to be used to verify to a third party that Power of Attorney is still in full force and effect.
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