Minn. Stat. § 145B.01
Citation
This chapter may be cited as the "Minnesota Living Will Act."
Minnesota Statutes Chapter 145B — Living Will
Minnesota · statute · Minn. Stat. ch. 145B · 18 active provisions
Minn. Stat. § 145B.011
Application of Chapter
This chapter applies only to living wills executed before August 1, 1998. If a document purporting to be a living will is executed on or after August 1, 1998, its legal sufficiency, interpretation, and enforcement must be determined under the provisions of chapter 145C in effect on the date of its execution.
Minn. Stat. § 145B.02
Definitions
Subdivision 1. Applicability. The definitions in this section apply to this chapter. Subd. 2. Living will. "Living will" means a writing made according to section 145B.03. Subd. 3. Health care. "Health care" means care, treatment, services, or procedures to maintain, diagnose, or treat an individual's physical conditio…
Minn. Stat. § 145B.03
Living Will
Subdivision 1. Scope. A competent adult may make a living will of preferences or instructions regarding health care. These preferences or instructions may include, but are not limited to, consent to or refusal of any health care, treatment, service, procedure, or placement. A living will may include preferences or inst…
Minn. Stat. § 145B.04
Suggested Form
A living will executed after August 1, 1989, under this chapter must be substantially in the form in this section. Forms printed for public distribution must be substantially in the form in this section. "Health Care Living Will Notice: This is an important legal document. Before signing this document, you should know…
Minn. Stat. § 145B.05
When Operative
A living will becomes operative when it is delivered to the declarant's physician or other health care provider. The physician or provider must comply with it to the fullest extent possible, consistent with reasonable medical practice and other applicable law, or comply with the notice and transfer provisions of sectio…
Minn. Stat. § 145B.06
Compliance with Living Will
Subdivision 1. By health care provider. (a) A physician or other health care provider shall make the living will a part of the declarant's medical record. If the physician or other health care provider is unwilling at any time to comply with the living will, the physician or health care provider must promptly notify th…
Minn. Stat. § 145B.07
Transfer of Care
If a living will is delivered to a physician or other health care provider who transfers care of patients to other health care providers, or if a living will is delivered to a health care provider, including a health care facility or HMO that delivers patient care through an arrangement with individual providers, the p…
Minn. Stat. § 145B.08
Access to Medical Information by Proxy
Unless a living will under this chapter provides otherwise, a proxy has the same rights as the declarant to receive information regarding proposed health care, to receive and review medical records, and to consent to the disclosure of medical records for purposes related to the declarant's health care or insurance.
Minn. Stat. § 145B.09
Revocation
Subdivision 1. General. A living will under this chapter may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's physical or mental condition. A revocation is effective when the declarant communicates it to the attending physician or other health care provide…
Minn. Stat. § 145B.105
Penalties
Subdivision 1. Gross misdemeanor offenses. Whoever commits any of the following acts is guilty of a gross misdemeanor: (1) willfully conceals, cancels, defaces, or obliterates a living will of a declarant without the consent of the declarant; (2) willfully conceals or withholds personal knowledge of a revocation of a l…
Minn. Stat. § 145B.11
Effect on Insurance
The making or effectuation of a living will under this chapter does not affect the sale, procurement, issuance, or validity of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity or the liability of the party issuing the policy or ann…
Minn. Stat. § 145B.12
What if There Is No Living Will or Proxy?
Subdivision 1. No presumption created. If an individual has not executed or has revoked a living will under this chapter, a presumption is not created with respect to: (1) the individual's intentions concerning the provision of health care; or (2) the appropriate health care to be provided. Subd. 2. Nutrition or hydrat…
Minn. Stat. § 145B.13
Reasonable Medical Practice Required
In reliance on a patient's living will, a decision to administer, withhold, or withdraw medical treatment after the patient has been diagnosed by the attending physician, advanced practice registered nurse, or physician assistant to be in a terminal condition must always be based on reasonable medical practice, includi…
Minn. Stat. § 145B.14
Certain Practices Not Condoned
Nothing in this chapter may be construed to condone, authorize, or approve mercy killing, euthanasia, suicide, or assisted suicide.
Minn. Stat. § 145B.15
Recognition of Previously Executed Living Will
A living will that substantially complies with section 145B.03, but is made before August 1, 1989, is an effective living will under this chapter.
Minn. Stat. § 145B.16
Recognition of Document Executed in Another State
A living will executed in another state is effective if it substantially complies with this chapter.
Minn. Stat. § 145B.17
Existing Rights
Nothing in this chapter impairs or supersedes the existing rights of any patient or any other legal right or legal responsibility a person may have to begin, continue, withhold, or withdraw health care. Nothing in this chapter prohibits lawful treatment by spiritual means through prayer in lieu of medical or surgical t…