MINNESOTA LEGAL INFORMATION

Witnesses: Either a notary OR two witnesses are necessary to the signature of the maker;

Who may be a witness? Minnesota Law contains the following requirements for witnesses to a health care directive:
(a) A health care agent or alternate health care agent appointed in a health care power of attorney may not act as a witness or notary public for the execution of the health care directive that includes the health care power of attorney.
(b) At least one witness to the execution of the health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal.
Minn. Stat. 145C.03, Subdivision 3.

Who may be a health care agent? Minnesota Law contains the following requirements for witnesses to a health care directive:
(a) An individual appointed by the principal under section 145C.05, subdivision 2, paragraph (b), to make the determination of the principal's decision-making capacity is not eligible to act as the health care agent.
(b) The following individuals are not eligible to act as the health care agent, unless the individual appointed is related to the principal by blood, marriage, registered domestic partnership, or adoption, or unless the principal has otherwise specified in the health care directive:

1. a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal; or
2. an employee of a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal.

Minn. Stat. 145C.03, Subdivision 2.

Notary: There is no express provision in the Minnesota statutes requiring that a living will be notarized; however, it is highly recommended that your living will be notarized to ensure that it is accepted by medical personnel in an emergency situation;

Must health care agent sign form? No requirement that health care agent sign form;

Minnesota Statutes containing living will requirements: Minnesota Code Chapter 145C; See also suggested form of Minnesota Living Will in statute: Minnesota Code section 145C.16.

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