Minnesota Will Laws

  Minnesota

Here you will find legal terms and their application by state as this can vary depending on where you live.

Reciprocity - The practice of exchanging things with others for mutual benefit, especially privileges granted by one country or organization to another. Certain states will limit the extent to which they honor health care directives(reciprocity) from other states, meaning they will only accept them so far as they comply with their own laws. This creates a bit of a legal grey area, however, most times it doesn't become an issue.

State Law Citation and Title

MN ST § 524.2-101 to 524.2-123

Minnesota Statutes Chapter 524, Article 2, Part 1 (Intestate Succession)

State Law Statute

145B.01, et seq. Living Will Act; 145C.01 Health Care Directiv

Specific Powers

Decisions on whether to administer, withhold, or withdraw medical treatment, services, or procedures to maintain, diagnose, or treat an individual’s physical condition when the individual is in a terminal condition. Decisions must be based on reasonable medical practice including:

1. continuation of appropriate care to maintain comfort, hygiene, human dignity, and to alleviate pain;
2. oral administration of food and water to a patient who accepts it, except for clearly documented medical reasons

   Revocation Duration

   A living will is revocable at any time, in any manner, in whole or in part by the declarant without regard to the declarants current physical or mental condition. Revocation is effective upon communication to the physician. Divorce revokes any designation of the former spouse as a proxy to make health care decisions.

   Reciprocity

   A declaration executed in another state is effective if it substantially complies with Minnesota law.

   Transfer Unwilling

   Physician must notify competent declarant of unwillingness but has no duty to transfer. If physician received living will from competent patient and did not notify declarant of unwillingness to comply and declarant subsequently becomes incompetent, physician must take all reasonable steps to transfer to complying physician

   Immunity Physician

   Physician acting in good faith and in accordance with applicable standards of care is immune from criminal prosecution, civil liability, or professional disciplinary action