WHAT IS A HEALTH CARE DIRECTIVE?

A Health Care directive is a written tool used to guide health care decisions when an individual is unable to do so because of incapacity. Many people are familiar with the terms "living will" or "durable power of attorney for health care" as types of health care directives. As of August 1, 1998, Minnesota law was changed so that these documents are combined into a “health care directive,” sometimes now called an “advanced directive.”

WHO IS A “HEALTH CARE AGENT?

One or more persons legally authorized to make health care decisions for another who is not able to communicate.

SOME FACTS ABOUT HEALTH CARE DIRECTIVES:

• Once a health care directive is written, it can be changed or revoked as long as you have capacity. You can draft a statement, in writing and dated, stating your intent to cancel your health care directive. You can also cancel it by stating your intent to do so in the presence of two witnesses who do not have to be present at the same time. To change your health care directive you should make a new one. Any previous directives will be revoked if they are different. You should tell others who know about your health care directive that you have changed or canceled it.
  
  
• It is illegal for a health care provider to require you to complete a health care directive. Health care providers are required to tell you about advance directive laws in Minnesota and note whether or not you have a health care directive in your medical file.
  
  
• It is unlawful for anyone to withhold knowledge of the existence of a health care directive.
  
  
• Laws regarding health care directives are not the same in all fifty states in the U.S. If you spend a great deal of time in another state, or move to another state, be sure you understand the laws. A health care directive document executed in another state can be used in Minnesota if the document complies with the law of the other state and is consistent with the laws of Minnesota.
  
  
• You may indicate you have a health care directive on your Minnesota driver's license or other sources of identification.
  
  
• If you do not have a health care directive and can't make your own health care choices, your providers will probably talk to your family about what treatment is best for you. If there is disagreement, someone may seek appointment of a guardian or conservator. If this happens, you have no control over who will be named, and you can't be sure your wishes will be followed.
  
  
• It is just as important for individuals who want to initiate or continue medical treatment to leave written instructions as it is for individuals who have other preferences.
  
  
• Your health care directive can state that you wish to donate your organs when you die. You can state any limits or special wishes concerning your organ donation. Your next of kin may be asked for permission to donate your organs even if you do not mention a donation in your health care directive. You can also state in your health care directive that you do not wish to donate your organs. Your health care directive does not have to say anything about organ donation.
  
  
• A pregnant woman can state in her health care directive what type of care she does and does not want for herself as well as her unborn child. However, if a pregnant woman does not indicate her wishes on her directive, the law will assume the woman wants all care possible to preserve the life of her unborn child.