Minnesota Living Will

A Summary

Due to the recent publicity surrounding Terri Schiavo and Living Wills, many in Minnesota will be considering a living will to avoid expensive and emotional legal lawsuits.   Minnesota created a Living Will statute under chapter 145B that defines a Minnesota Living Will and provides guidance on a Minnesota Living Will form.  In Minnesota a living will must be witnessed by two people unrelated to the person creating the Minnesota Living Will.  Two witnesses or a notary must sign the living will.  The creator of the Minnesota Living Will must also sign the document.  If the creator of the Minnesota living will cannot sign, they may indicate a proxy to sign for them in the presence of the living will witnesses or notary.   The Minnesota Living Will form can be found in chapter 145B.04 on the Minnesota Legislative website.  The complete Living Will Minnesota chapter can be found at the Minnesota Living Will section 145B Website.

Section 145B.02 Defines various Minnesota Living Will terms.  Perhaps the most important is:

Terminal condition. "Terminal condition" means an incurable or irreversible condition for which the administration of medical treatment will serve only to prolong the dying process.

 145B.03 States what a Living Will in Minnesota must include and the procedure for making a legal Minnesota Living Will.

 145B.04 Is the suggested Minnesota Living Will Form.

 145B.05 - 17 Describe revocation, effect on insurance, and issues such as what if there is no Minnesota Living Will created?  Be sure to consult the statue on Minnesota Living Wills at the State of Minnesota website to ensure you have all the facts on Living Wills in Minnesota.