A health care directive (also known as a living will or durable power of attorney for health care) is an essential incapacity planning tool.  Anyone over the age of 18 should create a health care directive, if to do nothing else but name an agent to make medical decisions on his or her behalf.  Without this document, family and friends may find themselves unable to make someone else’s medical decisions, which necessitates involvement of the courts to get the appropriate authorization.

A Health Care Directive has two components

• Power of Attorney for health care appoints an agent or proxy to make all health care decisions                                       

• Living Will contains specific health care instructions and wishes to be carried out by the agent (including life-sustaining treatments, organ and tissue donation, cremation, or other provisions in the event of a terminal illness)

what does a Health care directive do?

Minnesota law does not provide that a spouse, parent, partner, child, or grandchild has any automatic authority to make decisions for their loved one. Further, with the passage of the Health Insurance Portability and Accounting Act ("HIPAA"), doctors and hospitals are often reluctant to share medical records with anyone, even spouses or parents. A Health Care Directive names someone as your agent, which gives them the right to view your medical records and make decisions if you are no longer able to make those decisions for yourself.