A living will—also known as an Advance Health Care Directive—is a document in which the declarant or principal (person making the living will) specifies what kind of medical treatment the declarant does and does not want if the declarant has a medical emergency and is unable to communicate those wishes. A living will may direct health care providers to administer, withhold, or withdraw life-sustaining treatments if the declarant is in a terminal or irreversible condition.
Laws and terminology for documents related to living wills, Advance Health Care Directives, Do Not Resuscitate orders (DNRs), and other health care documents vary from state to state. These laws are generally located in a state’s statutes—often in the probate code or estates code.
In Minnesota, an Advance Health Care Directive, commonly referred to as a living will, is a legal document that allows an individual (the principal) to outline their preferences for medical treatment in the event that they are unable to communicate their wishes due to incapacity. Under Minnesota law, specifically the Minnesota Statutes sections 145C.01 to 145C.29, the directive can include instructions on the use of life-sustaining treatment if the individual is in a terminal condition or has an irreversible condition that will lead to death without the administration of life-sustaining procedures. The directive may also appoint a health care agent to make decisions on behalf of the principal when they are unable to do so. Additionally, Minnesota recognizes Do Not Resuscitate (DNR) orders, which are separate from the Advance Health Care Directive and instruct medical personnel not to perform CPR if the patient's breathing or heart stops. It is important for individuals to ensure that their Advance Health Care Directive complies with Minnesota law and to review it regularly to ensure that it reflects their current wishes.