You may have recently obtained a Health Care Directive, sometimes called an Advance Directive. Perhaps you had engaged the services of an attorney to draft one, or you filled out a form yourself, such as the one available from the Minnesota Office of Attorney General. Now, what to do with it?
The Minnesota Health Care Directive has
two components. It appoints a health care agent, and it provides your health care
instructions. To execute the document and make it legal, you must sign and date
it, and your signing must be acknowledged either by a Notary Public or by two
witnesses.
Your Health Care Directive does not take effect until your health care provider determines that you can no longer make health care decisions by yourself.
Now that you have
completed and executed the instrument, what do you do with it? Give copies to
all of your health care providers. Unlike the case with a Will or a Power of
Attorney, both of which require an original to be produced, with a Health Care
Directive a copy or facsimile is all you need to give to your providers. The copies do not have to be certified.
Your primary physician, clinics, hospital,
assisted living facility, dentist, etc., should all get a copy. Many
providers will electronically scan your document and store it in your medical
file. Similarly, you can scan it yourself and send it electronically to your providers if you don't want to bring it to them in person.
It is also a good idea to give copies of your Health Care Directive to each of your health care agents. Take the time to discuss your wishes and answer any questions your agents may have. That helps prepare them for what is expected regarding your medical treatment options if the time comes when you are unable to make those decisions on your own.
When you obtain or renew your Minnesota driver's license, you can check the box on the application to make note on your license that you have a Health Care Directive. The designation on your driver's license itself does not constitute delivery of a health care declaration, but it will put medical providers on notice that a Health Care Directive exists.
Please note that you can revoke your Health Care Directive at any time and for any reason. There are four ways to do that:
- Make a written
statement stating that you want to cancel it.
- Destroy it.
- Tell at least two people that you want to cancel it.
- Write a new Health Care Directive.
Safekeeping of your Health Care Directive.
Keep your original, signed document in a safe place, where your health care agent can access it.
NEVER store the document in a safe deposit box. If something happens to you that would trigger the Health Care Directive, and a copy is not on file where you are being treated, your health care agent may not be able to get to the bank to retrieve it. Your doctors may need guidance quickly and the bank may be closed or far away.