To be legal in Minnesota, a health care directive must:
- be in writing;
- bear the name and signature (or mark) of the person to whom it applies;
- be dated;
- name a health care agent (decision-maker) and/or state wishes/preferences about care;
- be executed by a person with the capacity to understand and make decisions; and
- be verified by two witnesses or a Notary Public.
There are a many different health care directive forms available that meet the legal requirements in Minnesota. It is not necessary to have an attorney provide or fill out the form. In fact, it is not necessary to use a pre-printed form at all. Any written statement that meets the requirements stated above can serve as a legal health care directive.