HF 2521

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions governing 
  1.3             advance health care directives; combining laws 
  1.4             governing living wills and durable power of attorney 
  1.5             for health care; amending Minnesota Statutes 1996, 
  1.6             sections 144.335, subdivision 1; 145C.01, subdivisions 
  1.7             2, 3, 4, 8, and by adding subdivisions; 145C.02; 
  1.8             145C.03; 145C.04; 145C.05, subdivision 2, and by 
  1.9             adding a subdivision; 145C.06; 145C.07; 145C.08; 
  1.10            145C.09; 145C.10; 145C.11; 145C.12; 145C.13, 
  1.11            subdivision 1; 525.55, subdivisions 1 and 2; 525.551, 
  1.12            subdivisions 1 and 5; and 525.9212; Minnesota Statutes 
  1.13            1997 Supplement, sections 14.03, subdivision 3; 
  1.14            149A.80, subdivision 2; and 253B.04, subdivision 1a; 
  1.15            proposing coding for new law in Minnesota Statutes, 
  1.16            chapters 145B; and 145C; repealing Minnesota Statutes 
  1.17            1996, sections 145C.05, subdivision 1; and 145C.15. 
  1.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.19     Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.20  14.03, subdivision 3, is amended to read: 
  1.21     Subd. 3.  [RULEMAKING PROCEDURES.] (a) The definition of a 
  1.22  rule in section 14.02, subdivision 4, does not include: 
  1.23     (1) rules concerning only the internal management of the 
  1.24  agency or other agencies that do not directly affect the rights 
  1.25  of or procedures available to the public; 
  1.26     (2) an application deadline on a form; and the remainder of 
  1.27  a form and instructions for use of the form to the extent that 
  1.28  they do not impose substantive requirements other than 
  1.29  requirements contained in statute or rule; 
  1.30     (3) the curriculum adopted by an agency to implement a 
  1.31  statute or rule permitting or mandating minimum educational 
  2.1   requirements for persons regulated by an agency, provided the 
  2.2   topic areas to be covered by the minimum educational 
  2.3   requirements are specified in statute or rule; 
  2.4      (4) procedures for sharing data among government agencies, 
  2.5   provided these procedures are consistent with chapter 13 and 
  2.6   other law governing data practices.  
  2.7      (b) The definition of a rule in section 14.02, subdivision 
  2.8   4, does not include: 
  2.9      (1) rules of the commissioner of corrections relating to 
  2.10  the placement and supervision of inmates serving a supervised 
  2.11  release term, the internal management of institutions under the 
  2.12  commissioner's control, and rules adopted under section 609.105 
  2.13  governing the inmates of those institutions; 
  2.14     (2) rules relating to weight limitations on the use of 
  2.15  highways when the substance of the rules is indicated to the 
  2.16  public by means of signs; 
  2.17     (3) opinions of the attorney general; 
  2.18     (4) the data element dictionary and the annual data 
  2.19  acquisition calendar of the department of children, families, 
  2.20  and learning to the extent provided by section 121.932; 
  2.21     (5) the occupational safety and health standards provided 
  2.22  in section 182.655; 
  2.23     (6) revenue notices and tax information bulletins of the 
  2.24  commissioner of revenue; 
  2.25     (7) uniform conveyancing forms adopted by the commissioner 
  2.26  of commerce under section 507.09; or 
  2.27     (8) the interpretive guidelines developed by the 
  2.28  commissioner of human services to the extent provided in chapter 
  2.29  245A; or 
  2.30     (9) health care directives forms and instructions adopted 
  2.31  by the commissioner of health under section 145C.05, subdivision 
  2.32  1a. 
  2.33     Sec. 2.  Minnesota Statutes 1996, section 144.335, 
  2.34  subdivision 1, is amended to read: 
  2.35     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  2.36  section, the following terms have the meanings given them: 
  3.1      (a) "Patient" means a natural person who has received 
  3.2   health care services from a provider for treatment or 
  3.3   examination of a medical, psychiatric, or mental condition, the 
  3.4   surviving spouse and parents of a deceased patient, or a person 
  3.5   the patient designates appoints in writing as a representative, 
  3.6   including a health care agent acting pursuant to chapter 145C, 
  3.7   unless the authority of the agent has been limited by the 
  3.8   principal in the principal's health care directive.  Except for 
  3.9   minors who have received health care services pursuant to 
  3.10  sections 144.341 to 144.347, in the case of a minor, patient 
  3.11  includes a parent or guardian, or a person acting as a parent or 
  3.12  guardian in the absence of a parent or guardian. 
  3.13     (b) "Provider" means (1) any person who furnishes health 
  3.14  care services and is licensed to furnish the services pursuant 
  3.15  to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care 
  3.16  provider licensed under section 144A.46; (3) a health care 
  3.17  facility licensed pursuant to this chapter or chapter 144A; (4) 
  3.18  a physician assistant registered under chapter 147A; and (5) an 
  3.19  unlicensed mental health practitioner regulated pursuant to 
  3.20  sections 148B.60 to 148B.71. 
  3.21     (c) "Individually identifiable form" means a form in which 
  3.22  the patient is or can be identified as the subject of the health 
  3.23  records. 
  3.24     Sec. 3.  [145B.011] [APPLICATION OF CHAPTER.] 
  3.25     This chapter applies only to living wills executed before 
  3.26  August 1, 1998.  If a document purporting to be a living will is 
  3.27  executed on or after August 1, 1998, its legal sufficiency, 
  3.28  interpretation, and enforcement must be determined under the 
  3.29  provisions of chapter 145C in effect on the date of its 
  3.30  execution. 
  3.31     Sec. 4.  Minnesota Statutes 1996, section 145C.01, is 
  3.32  amended by adding a subdivision to read: 
  3.33     Subd. 1a.  [ACT IN GOOD FAITH.] "Act in good faith" means 
  3.34  to act consistently with a legally sufficient health care 
  3.35  directive of the principal, a living will executed under chapter 
  3.36  145B, a declaration regarding intrusive mental health treatment 
  4.1   executed under section 253B.03, subdivision 6d, or information 
  4.2   otherwise made known by the principal, unless the actor has 
  4.3   actual knowledge of the modification or revocation of the 
  4.4   information expressed.  If these sources of information do not 
  4.5   provide adequate guidance to the actor, "act in good faith" 
  4.6   means acting in the best interests of the principal, considering 
  4.7   the principal's overall general health condition and prognosis 
  4.8   and the principal's personal values to the extent known. 
  4.9      Sec. 5.  Minnesota Statutes 1996, section 145C.01, is 
  4.10  amended by adding a subdivision to read: 
  4.11     Subd. 1b.  [DECISION-MAKING CAPACITY.] "Decision-making 
  4.12  capacity" means the ability to understand the significant 
  4.13  benefits, risks, and alternatives to proposed health care and to 
  4.14  make and communicate a health care decision. 
  4.15     Sec. 6.  Minnesota Statutes 1996, section 145C.01, 
  4.16  subdivision 2, is amended to read: 
  4.17     Subd. 2.  [HEALTH CARE AGENT.] "Health care agent" means an 
  4.18  individual age 18 or older who is designated appointed by a 
  4.19  principal in a durable health care power of attorney for health 
  4.20  care to make health care decisions on behalf of a the principal 
  4.21  and has consented to act in that capacity.  An agent "Health 
  4.22  care agent" may also be referred to as "attorney in fact agent." 
  4.23     Sec. 7.  Minnesota Statutes 1996, section 145C.01, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [DURABLE HEALTH CARE POWER OF ATTORNEY FOR HEALTH 
  4.26  CARE.] "Durable Health care power of attorney for health care" 
  4.27  means an instrument authorizing an appointing a health care 
  4.28  agent to make health care decisions for the principal if the 
  4.29  principal is unable, in the judgment of the attending physician, 
  4.30  to make or communicate health care decisions. 
  4.31     Sec. 8.  Minnesota Statutes 1996, section 145C.01, 
  4.32  subdivision 4, is amended to read: 
  4.33     Subd. 4.  [HEALTH CARE.] "Health care" means any care, 
  4.34  treatment, service, or procedure to maintain, diagnose, or treat 
  4.35  otherwise affect a person's physical or mental condition.  
  4.36  "Health care" includes the provision of nutrition or hydration 
  5.1   parenterally or through intubation.  "Health care" does not 
  5.2   include intrusive mental health treatment as defined in section 
  5.3   253B.03, subdivision 6b, unless the durable power of attorney 
  5.4   for health care specifically applies to decisions relating to 
  5.5   intrusive mental health treatment also includes the 
  5.6   establishment of a person's abode within or without the state, 
  5.7   visitation limitations for a person and personal security 
  5.8   safeguards for a person, to the extent decisions on these 
  5.9   matters relate to the health care needs of the person. 
  5.10     Sec. 9.  Minnesota Statutes 1996, section 145C.01, is 
  5.11  amended by adding a subdivision to read: 
  5.12     Subd. 5a.  [HEALTH CARE DIRECTIVE.] "Health care directive" 
  5.13  means a written instrument that complies with section 145C.03 
  5.14  and includes one or more health care instructions, a health care 
  5.15  power of attorney, or both; or a durable power of attorney for 
  5.16  health care executed under this chapter before August 1, 1998. 
  5.17     Sec. 10.  Minnesota Statutes 1996, section 145C.01, is 
  5.18  amended by adding a subdivision to read: 
  5.19     Subd. 7a.  [HEALTH CARE INSTRUCTION.] "Health care 
  5.20  instruction" means a written statement of the principal's 
  5.21  values, preferences, guidelines, or directions regarding health 
  5.22  care. 
  5.23     Sec. 11.  Minnesota Statutes 1996, section 145C.01, 
  5.24  subdivision 8, is amended to read: 
  5.25     Subd. 8.  [PRINCIPAL.] "Principal" means an individual age 
  5.26  18 or older who has executed a durable power of attorney for 
  5.27  health care directive. 
  5.28     Sec. 12.  Minnesota Statutes 1996, section 145C.01, is 
  5.29  amended by adding a subdivision to read: 
  5.30     Subd. 9.  [REASONABLY AVAILABLE.] "Reasonably available" 
  5.31  means readily able to be contacted without undue effort and 
  5.32  willing and able to act in a timely manner considering the 
  5.33  urgency of the principal's health care needs. 
  5.34     Sec. 13.  Minnesota Statutes 1996, section 145C.02, is 
  5.35  amended to read: 
  5.36     145C.02 [DURABLE POWER OF ATTORNEY FOR HEALTH CARE 
  6.1   DIRECTIVE.] 
  6.2      A durable power of attorney for health care under this 
  6.3   chapter authorizes the agent to make health care decisions for 
  6.4   the principal when the principal is unable, in the judgment of 
  6.5   the principal's attending physician, to make or communicate 
  6.6   health care decisions.  The durable power of attorney for health 
  6.7   care must substantially comply with the requirements of this 
  6.8   chapter.  An instrument executed prior to August 1, 1993, 
  6.9   purporting to create a durable power of attorney for health care 
  6.10  is valid if the document specifically authorizes the agent to 
  6.11  make health care decisions and is executed in compliance with 
  6.12  section 145C.03.  A principal with the capacity to do so may 
  6.13  executive a health care directive.  A health care directive may 
  6.14  include one or more health care instructions to direct health 
  6.15  care providers, others assisting with health care, family 
  6.16  members, and a health care agent.  A health care directive may 
  6.17  include a health care power of attorney to appoint a health care 
  6.18  agent to make health care decisions for the principal when the 
  6.19  principal, in the judgment of the principal's attending 
  6.20  physician, lacks decision-making capacity, unless otherwise 
  6.21  specified in the health care directive. 
  6.22     Sec. 14.  Minnesota Statutes 1996, section 145C.03, is 
  6.23  amended to read: 
  6.24     145C.03 [REQUIREMENTS.] 
  6.25     Subdivision 1.  [EXECUTION LEGAL SUFFICIENCY.] A durable 
  6.26  power of attorney for health care must be signed by the 
  6.27  principal or in the principal's name by some other individual 
  6.28  acting in the principal's presence and by the principal's 
  6.29  direction.  A durable power of attorney for health care must 
  6.30  contain the date of its execution and must be witnessed or 
  6.31  acknowledged by one of the following methods: 
  6.32     (1) signed by at least two individuals age 18 or older each 
  6.33  of whom witnessed either the signing of the instrument by the 
  6.34  principal or the principal's acknowledgment of the signature; or 
  6.35     (2) acknowledged by the principal before a notary public 
  6.36  who is not the agent.  To be legally sufficient in this state, a 
  7.1   health care directive must: 
  7.2      (1) be in writing; 
  7.3      (2) be dated; 
  7.4      (3) state the principal's name; 
  7.5      (4) be executed by a principal with capacity to do so with 
  7.6   the signature of the principal or with the signature of another 
  7.7   person authorized by the principal to sign on behalf of the 
  7.8   principal; 
  7.9      (5) contain verification of the principal's signature or 
  7.10  the signature of the person authorized by the principal to sign 
  7.11  on behalf of the principal, either by a notary public or by 
  7.12  witnesses as provided under this chapter; and 
  7.13     (6) include a health care instruction, a health care power 
  7.14  of attorney, or both. 
  7.15     Subd. 2.  [INDIVIDUALS INELIGIBLE TO ACT AS HEALTH CARE 
  7.16  AGENT.] (a) An individual appointed by the principal under 
  7.17  section 145C.05, subdivision 2, paragraph (b), to make the 
  7.18  determination of the principal's decision-making capacity is not 
  7.19  eligible to act as the health care agent. 
  7.20     (b) The following individuals are not eligible to act as 
  7.21  the health care agent in a durable power of attorney for health 
  7.22  care, unless the individual designated appointed is related to 
  7.23  the principal by blood, marriage, registered domestic 
  7.24  partnership, or adoption, or unless the principal has otherwise 
  7.25  specified in the health care directive: 
  7.26     (1) a health care provider attending the principal on the 
  7.27  date of execution of the health care directive or on the date 
  7.28  the health care agent must make decisions for the principal; or 
  7.29     (2) an employee of a health care provider attending the 
  7.30  principal on the date of execution of the health care directive 
  7.31  or on the date the health care agent must make decisions for the 
  7.32  principal.  
  7.33     Subd. 3.  [INDIVIDUALS INELIGIBLE TO ACT AS WITNESSES OR 
  7.34  NOTARY PUBLIC.] The (a) A health care agent designated or 
  7.35  alternate health care agent appointed in the durable power of 
  7.36  attorney for a health care power of attorney may not act as a 
  8.1   witness or notary public for the execution of the durable power 
  8.2   of attorney for health care directive that includes the health 
  8.3   care power of attorney. 
  8.4      (b) At least one witness to the execution of the durable 
  8.5   power of attorney for health care directive must not be a health 
  8.6   care provider providing direct care to the principal or an 
  8.7   employee of a health care provider providing direct care to the 
  8.8   principal on the date of execution.  A person notarizing a 
  8.9   health care directive may be an employee of a health care 
  8.10  provider providing direct care to the principal. 
  8.11     Sec. 15.  Minnesota Statutes 1996, section 145C.04, is 
  8.12  amended to read: 
  8.13     145C.04 [EXECUTED IN ANOTHER STATE.] 
  8.14     A durable power of attorney for health care or similar 
  8.15  document executed in another state or jurisdiction in compliance 
  8.16  with the law of that state or jurisdiction is valid and 
  8.17  enforceable in this state, to the extent the document is 
  8.18  consistent with the laws of this state, health care directive or 
  8.19  similar document executed in another state or jurisdiction is 
  8.20  legally sufficient under this chapter if it: 
  8.21     (1) complies with the law of the state or jurisdiction in 
  8.22  which it was executed; or 
  8.23     (2) complies with section 145C.03. 
  8.24     Sec. 16.  Minnesota Statutes 1996, section 145C.05, is 
  8.25  amended by adding a subdivision to read: 
  8.26     Subd. 1a.  [SUGGESTED FORMS; NEW FORMS; AMENDMENTS.] The 
  8.27  commissioner of health shall appoint an advisory task force on 
  8.28  health care directive forms to recommend to the commissioner a 
  8.29  suggested or recommended form or forms and supplemental 
  8.30  instructions for a health care directive.  The task force 
  8.31  membership must be representative of health care consumers, 
  8.32  health care providers, health care facilities, health plans or 
  8.33  health maintenance organizations, and their respective legal 
  8.34  representatives; individuals providing consumer education and 
  8.35  advocacy in health; and other representatives of the public 
  8.36  chosen by the commissioner, giving consideration to diverse 
  9.1   religious and ethnic representation.  The commissioner may adopt 
  9.2   amended or new forms consistent with the laws of this state by 
  9.3   complying with the procedures in section 14.386, paragraph (a), 
  9.4   clause (1). 
  9.5      Sec. 17.  Minnesota Statutes 1996, section 145C.05, 
  9.6   subdivision 2, is amended to read: 
  9.7      Subd. 2.  [ADDITIONAL PROVISIONS THAT MAY BE INCLUDED.] The 
  9.8   durable power of attorney for (a) A health care directive may 
  9.9   include additional provisions consistent with this chapter, 
  9.10  including, but not limited to: 
  9.11     (1) the designation of one or more alternative alternate 
  9.12  health care agents to act if the named health care agent is 
  9.13  unable, unavailable, or unwilling not reasonably available to 
  9.14  serve; 
  9.15     (2) specific instructions to the agent or any alternative 
  9.16  agents directions to joint health care agents regarding the 
  9.17  process or standards by which the health care agents are to 
  9.18  reach a health care decision for the principal, and a statement 
  9.19  whether joint health care agents may act independently of one 
  9.20  another; 
  9.21     (3) limitations, if any, on the right of the health care 
  9.22  agent or any alternative alternate health care agents to 
  9.23  receive, review, obtain copies of, and consent to the disclosure 
  9.24  of the principal's medical records; 
  9.25     (4) limitations, if any, on the nomination of the health 
  9.26  care agent as guardian or conservator of the person for purposes 
  9.27  of section 525.544; and 
  9.28     (5) a document of gift for the purpose of making an 
  9.29  anatomical gift, as set forth in sections 525.921 to 525.9224, 
  9.30  or an amendment to, revocation of, or refusal to make an 
  9.31  anatomical gift.; 
  9.32     (6) a declaration regarding intrusive mental health 
  9.33  treatment under section 253B.03, subdivision 6d, or a statement 
  9.34  that the health care agent is authorized to give consent for the 
  9.35  principal under section 253B.04, subdivision 1a; 
  9.36     (7) a funeral directive as provided in section 149A.80, 
 10.1   subdivision 2; 
 10.2      (8) limitations, if any, to the effect of dissolution or 
 10.3   annulment of marriage or termination of domestic partnership on 
 10.4   the appointment of a health care agent under section 145C.09, 
 10.5   subdivision 2; 
 10.6      (9) specific reasons why a principal wants a health care 
 10.7   provider or an employee of a health care provider attending the 
 10.8   principal to be eligible to act as the principal's health care 
 10.9   agent; 
 10.10     (10) health care instructions by a woman of child bearing 
 10.11  age regarding how she would like her pregnancy, if any, to 
 10.12  affect health care decisions made on her behalf; and 
 10.13     (11) health care instructions regarding artificially 
 10.14  administered nutrition or hydration. 
 10.15     (b) A health care directive may include a statement of the 
 10.16  circumstances under which the health care directive becomes 
 10.17  effective other than upon the judgment of the principal's 
 10.18  attending physician that the principal lacks decision-making 
 10.19  capacity.  This statement may include appointment of an 
 10.20  individual other than the principal's attending physician to 
 10.21  determine the principal's decision-making capacity, because the 
 10.22  principal in good faith generally selects and depends upon 
 10.23  spiritual means or prayer for the treatment or care of disease 
 10.24  or remedial care and does not have an attending physician or for 
 10.25  any other reason considered significant by the principal.  The 
 10.26  principal's attending physician shall make the determination of 
 10.27  the principal's decision-making capacity if the appointed 
 10.28  individual is not reasonably available. 
 10.29     This statement may authorize the health care agent to make 
 10.30  health care decisions for the principal even though the 
 10.31  principal retains decision-making capacity. 
 10.32     Sec. 18.  Minnesota Statutes 1996, section 145C.06, is 
 10.33  amended to read: 
 10.34     145C.06 [WHEN EFFECTIVE.] 
 10.35     (a) Except as provided in paragraph (b), a durable power of 
 10.36  attorney for A health care directive is effective for a health 
 11.1   care decision when: 
 11.2      (1) it has been executed in accordance with meets the 
 11.3   requirements of section 145C.03, subdivision 1; and 
 11.4      (2) the principal is unable, in the determination of the 
 11.5   attending physician of the principal, to make or communicate 
 11.6   that health care decision and the agent consents to make or 
 11.7   communicate the decision lacks decision-making capacity to make 
 11.8   the health care decision; or if other conditions for 
 11.9   effectiveness otherwise specified by the principal have been met.
 11.10     A health care directive is not effective for a health care 
 11.11  decision when the principal, in the determination of the 
 11.12  attending physician of the principal, recovers decision-making 
 11.13  capacity; or if other conditions for effectiveness otherwise 
 11.14  specified by the principal have been met. 
 11.15     (b) If the principal states in the durable power of 
 11.16  attorney that the principal does not have an attending physician 
 11.17  because the principal in good faith generally selects and 
 11.18  depends upon spiritual means or prayer for the treatment or care 
 11.19  of disease or remedial care, the principal may designate an 
 11.20  individual in the durable power of attorney for health care who 
 11.21  may certify in a writing acknowledged before a notary public 
 11.22  that the principal is unable to make or communicate a health 
 11.23  care decision.  The requirements of section 145C.03, 
 11.24  subdivisions 2 and 3, relating to the eligibility of a health 
 11.25  care provider attending the principal or the provider's employee 
 11.26  to act as an agent or witness apply to an individual designated 
 11.27  under this paragraph. 
 11.28     Sec. 19.  Minnesota Statutes 1996, section 145C.07, is 
 11.29  amended to read: 
 11.30     145C.07 [AUTHORITY AND DUTIES OF HEALTH CARE AGENT.] 
 11.31     Subdivision 1.  [AUTHORITY.] The health care agent has 
 11.32  authority to make any particular health care decision only if 
 11.33  the principal is unable lacks decision-making capacity, in the 
 11.34  determination of the attending physician, to make or communicate 
 11.35  that health care decision; or if other conditions for 
 11.36  effectiveness otherwise specified by the principal have been 
 12.1   met.  The agent does not have authority to consent to a 
 12.2   voluntary commitment under chapter 253B.  The physician or other 
 12.3   health care provider shall continue to obtain the principal's 
 12.4   informed consent to all health care decisions for which the 
 12.5   principal is capable of informed consent has decision-making 
 12.6   capacity, unless other conditions for effectiveness otherwise 
 12.7   specified by the principal have been met.  An alternate health 
 12.8   care agent has authority to act if the primary health care agent 
 12.9   is not reasonably available to act. 
 12.10     Subd. 2.  [HEALTH CARE AGENT AS GUARDIAN.] Except as 
 12.11  otherwise provided in the durable power of attorney for health 
 12.12  care Unless the principal has otherwise specified in the health 
 12.13  care directive, the appointment of the health care agent in a 
 12.14  durable power of attorney for health care directive is 
 12.15  considered a nomination of a guardian or conservator of the 
 12.16  person for purposes of section 525.544. 
 12.17     Subd. 3.  [DUTIES.] In exercising the authority under the 
 12.18  durable power of attorney for a health care directive, the a 
 12.19  health care agent has a duty to act in accordance with the 
 12.20  desires of the principal as expressed in the durable power of 
 12.21  attorney for health care, as expressed in a living will under 
 12.22  chapter 145B or in a declaration regarding intrusive mental 
 12.23  health treatment under section 253B.03, subdivision 6d, or as 
 12.24  otherwise made known by the principal to the agent at any time.  
 12.25  If the principal's desires are not known or cannot be determined 
 12.26  from information known to the agent, the agent has a duty to act 
 12.27  in the best interests of the principal taking into account the 
 12.28  principal's overall medical condition and prognosis good faith.  
 12.29  An A health care agent or any alternative alternate health care 
 12.30  agent has a personal obligation to the principal to make health 
 12.31  care decisions authorized by the durable health care power of 
 12.32  attorney for health care, but this obligation does not 
 12.33  constitute a legal duty to act. 
 12.34     Subd. 4.  [INCONSISTENCIES AMONG DOCUMENTS.] In the event 
 12.35  of inconsistency between the designation appointment of a proxy 
 12.36  under chapter 145B or section 253B.03, subdivision 6d, or of an 
 13.1   a health care agent under this chapter, the most 
 13.2   recent designation appointment takes precedence.  In the event 
 13.3   of other inconsistencies among documents executed under this 
 13.4   chapter, under chapter 145B, or under section 253B.03, 
 13.5   subdivision 6d, or 525.544, or other legally sufficient 
 13.6   documents, the provisions of the most recently executed document 
 13.7   take precedence only to the extent of the inconsistency. 
 13.8      Sec. 20.  Minnesota Statutes 1996, section 145C.08, is 
 13.9   amended to read: 
 13.10     145C.08 [AUTHORITY TO REVIEW MEDICAL RECORDS.] 
 13.11     An A health care agent acting pursuant to a durable power 
 13.12  of attorney for health care directive has the same right as the 
 13.13  principal to receive, review, and obtain copies of medical 
 13.14  records of the principal, and to consent to the disclosure of 
 13.15  medical records of the principal, unless the durable power of 
 13.16  attorney for health care expressly provides otherwise principal 
 13.17  has otherwise specified in the health care directive. 
 13.18     Sec. 21.  Minnesota Statutes 1996, section 145C.09, is 
 13.19  amended to read: 
 13.20     145C.09 [REVOCATION OF DURABLE POWER OF ATTORNEY HEALTH 
 13.21  CARE DIRECTIVE.] 
 13.22     Subdivision 1.  [REVOCATION.] The A principal with the 
 13.23  capacity to do so may revoke a durable power of attorney for 
 13.24  health care directive in whole or in part at any time by doing 
 13.25  any of the following: 
 13.26     (1) canceling, defacing, obliterating, burning, tearing, or 
 13.27  otherwise destroying the durable power of attorney for health 
 13.28  care directive instrument or directing another in the presence 
 13.29  of the principal to destroy the durable power of attorney for 
 13.30  health care directive instrument, with the intent to revoke the 
 13.31  health care directive in whole or in part; 
 13.32     (2) executing a statement, in writing and dated, expressing 
 13.33  the principal's intent to revoke the durable power of attorney 
 13.34  for health care directive in whole or in part; 
 13.35     (3) verbally expressing the principal's intent to revoke 
 13.36  the durable power of attorney for health care directive in whole 
 14.1   or in part in the presence of two witnesses who do not have to 
 14.2   be present at the same time; or 
 14.3      (4) executing a subsequent durable power of attorney for 
 14.4   health care instrument directive, to the extent the subsequent 
 14.5   instrument is inconsistent with any prior instrument. 
 14.6      Subd. 2.  [EFFECT OF DISSOLUTION OR ANNULMENT OF MARRIAGE 
 14.7   OR TERMINATION OF DOMESTIC PARTNERSHIP ON APPOINTMENT OF HEALTH 
 14.8   CARE AGENT.] Unless the durable power of attorney for health 
 14.9   care expressly provides otherwise principal has otherwise 
 14.10  specified in the health care directive, the appointment by the 
 14.11  principal of the principal's spouse or registered domestic 
 14.12  partner as health care agent under a durable health care power 
 14.13  of attorney for health care is revoked by the commencement of 
 14.14  proceedings for dissolution, annulment, or termination of the 
 14.15  principal's marriage or commencement of proceedings for 
 14.16  termination of the principal's registered domestic partnership. 
 14.17     Sec. 22.  Minnesota Statutes 1996, section 145C.10, is 
 14.18  amended to read: 
 14.19     145C.10 [PRESUMPTIONS.] 
 14.20     (a) The principal is presumed to have the capacity to 
 14.21  appoint an agent to make execute a health care decisions 
 14.22  directive and to revoke a durable power of attorney for health 
 14.23  care directive, absent clear and convincing evidence to the 
 14.24  contrary. 
 14.25     (b) A health care provider or health care agent may presume 
 14.26  that a durable power of attorney for health care directive is 
 14.27  valid legally sufficient absent actual knowledge to the contrary.
 14.28  A health care directive is presumed to be properly executed, 
 14.29  absent clear and convincing evidence to the contrary. 
 14.30     (c) It is presumed that an A health care agent, and a 
 14.31  health care provider acting pursuant to the direction of an a 
 14.32  health care agent, are presumed to be acting in good faith and 
 14.33  in the best interests of the principal, absent clear and 
 14.34  convincing evidence to the contrary. 
 14.35     (d) A health care directive is presumed to remain in effect 
 14.36  until the principal modifies or revokes it, absent clear and 
 15.1   convincing evidence to the contrary. 
 15.2      (e) This chapter does not create a presumption concerning 
 15.3   the intention of an individual who has not executed a durable 
 15.4   power of attorney for health care directive and does not impair 
 15.5   or supersede any right or responsibility of an individual to 
 15.6   consent, refuse to consent, or withdraw consent to health care 
 15.7   on behalf of another in the absence of a durable power of 
 15.8   attorney for health care directive. 
 15.9      (f) A copy of a health care directive is presumed to be a 
 15.10  true and accurate copy of the executed original, absent clear 
 15.11  and convincing evidence to the contrary, and must be given the 
 15.12  same effect as an original. 
 15.13     For purposes of this chapter, acting in good faith means 
 15.14  acting consistently with the desires of the principal as 
 15.15  expressed in the durable power of attorney for health care, as 
 15.16  expressed in a living will under chapter 145B or in a 
 15.17  declaration regarding intrusive mental health treatment under 
 15.18  section 253B.03, subdivision 6d, or otherwise made known by the 
 15.19  principal to the agent.  If the principal's desires are not 
 15.20  known or cannot be determined from information known to the 
 15.21  agent, acting in good faith means acting in the best interests 
 15.22  of the principal, taking into account the principal's overall 
 15.23  medical condition and prognosis. 
 15.24     Sec. 23.  Minnesota Statutes 1996, section 145C.11, is 
 15.25  amended to read: 
 15.26     145C.11 [IMMUNITIES.] 
 15.27     Subdivision 1.  [HEALTH CARE AGENT.] An A health care agent 
 15.28  is not subject to criminal prosecution or civil liability for 
 15.29  any health care decision made in good faith pursuant to a 
 15.30  durable power of attorney for health care, unless the agent has 
 15.31  actual knowledge of the revocation of the durable power of 
 15.32  attorney for health care if the health care agent acts in good 
 15.33  faith. 
 15.34     Subd. 2.  [HEALTH CARE PROVIDER.] (a) A health care 
 15.35  provider is not subject to criminal prosecution, civil 
 15.36  liability, or professional disciplinary action if the health 
 16.1   care provider acts in good faith. 
 16.2      (b) A health care provider is not subject to criminal 
 16.3   prosecution, civil liability, or professional disciplinary 
 16.4   action if the health care provider relies on a health care 
 16.5   decision made by the health care agent and the following 
 16.6   requirements are satisfied: 
 16.7      (1) the health care provider believes in good faith that 
 16.8   the decision was made by an a health care agent authorized 
 16.9   appointed to make the decision and has no actual knowledge that 
 16.10  the durable power of attorney for health care directive has been 
 16.11  revoked; and 
 16.12     (2) the health care provider believes in good faith that 
 16.13  the decision is consistent with the desires of the principal as 
 16.14  expressed in the durable power of attorney for health care or 
 16.15  otherwise made known by the principal to the health care agent 
 16.16  is acting in good faith. 
 16.17     (b) (c) A health care provider who administers health care 
 16.18  necessary to keep the principal alive, despite a health care 
 16.19  decision of the health care agent to withhold or withdraw that 
 16.20  treatment, is not subject to criminal prosecution, civil 
 16.21  liability, or professional disciplinary action if that health 
 16.22  care provider promptly took all reasonable steps to transfer 
 16.23  care of the principal to another health care provider willing to 
 16.24  comply with the decision of the health care agent. 
 16.25     Sec. 24.  Minnesota Statutes 1996, section 145C.12, is 
 16.26  amended to read: 
 16.27     145C.12 [PROHIBITED PRACTICES.] 
 16.28     Subdivision 1.  [HEALTH CARE PROVIDER.] A health care 
 16.29  provider, health care service plan, insurer, self-insured 
 16.30  employee welfare benefit plan, or nonprofit hospital plan may 
 16.31  not condition admission to a facility, or the providing of 
 16.32  treatment or insurance, on the requirement that an individual 
 16.33  execute a durable power of attorney for health care directive. 
 16.34     Subd. 2.  [INSURANCE.] A policy of life insurance is not 
 16.35  legally impaired or invalidated in any manner by the withholding 
 16.36  or withdrawing of health care pursuant to the direction of an a 
 17.1   health care agent appointed pursuant to this chapter, or 
 17.2   pursuant to the implementation of health care instructions under 
 17.3   this chapter. 
 17.4      Sec. 25.  Minnesota Statutes 1996, section 145C.13, 
 17.5   subdivision 1, is amended to read: 
 17.6      Subdivision 1.  [GROSS MISDEMEANOR OFFENSES.] Whoever 
 17.7   commits any of the following acts is guilty of a gross 
 17.8   misdemeanor: 
 17.9      (1) willfully conceals, cancels, defaces, or obliterates a 
 17.10  durable power of attorney for health care directive of a 
 17.11  principal without the consent of the principal; 
 17.12     (2) willfully conceals or withholds personal knowledge of a 
 17.13  revocation of a durable power of attorney for health care 
 17.14  directive; 
 17.15     (3) falsifies or forges a durable power of attorney for 
 17.16  health care directive or a revocation of the instrument; 
 17.17     (4) coerces or fraudulently induces another to execute a 
 17.18  durable power of attorney for health care directive; or 
 17.19     (5) requires or prohibits the execution of a durable power 
 17.20  of attorney for health care directive as a condition for being 
 17.21  insured for or receiving all or some health care services. 
 17.22     Sec. 26.  [145C.16] [INTERIM SUGGESTED FORM OF HEALTH CARE 
 17.23  DIRECTIVE.] 
 17.24     The following is an interim suggested form of a health care 
 17.25  directive and is not a required form. 
 17.26                      HEALTH CARE DIRECTIVE 
 17.27     I, ..........................., understand this document 
 17.28  allows me to do ONE OR BOTH of the following: 
 17.29     PART I:  Name another person (called the health care agent) 
 17.30  to make health care decisions for me if I am unable to decide or 
 17.31  speak for myself.  My health care agent must make health care 
 17.32  decisions for me based on the instructions I provide in this 
 17.33  document (Part II), if any, the wishes I have made known to him 
 17.34  or her, or must act in my best interest if I have not made my 
 17.35  health care wishes known. 
 17.36     AND/OR 
 18.1      PART II:  Give health care instructions to guide others 
 18.2   making health care decisions for me.  If I have named a health 
 18.3   care agent, these instructions are to be used by the agent.  
 18.4   These instructions may also be used by my health care providers, 
 18.5   others assisting with my health care and my family, in the event 
 18.6   I cannot make decisions for myself. 
 18.7             PART I:  APPOINTMENT OF HEALTH CARE AGENT 
 18.8          THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS
 18.9        FOR ME IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
 18.10     (I know I can change my agent or alternate agent at any 
 18.11     time and I know I do not have to appoint an agent or an 
 18.12     alternate agent) 
 18.13  NOTE:  If you appoint an agent, you should discuss this health 
 18.14  care directive with your agent and give your agent a copy. 
 18.15     When I am unable to decide or speak for myself, I trust and 
 18.16  appoint .......................... to make health care decisions 
 18.17  for me.  This person is called my health care agent. 
 18.18     Relationship of my health care agent to me:........... 
 18.19  ............................................................... 
 18.20     Telephone number of my health care agent:  ........... 
 18.21  ............................................................... 
 18.22     Address of my health care agent:  .................... 
 18.23  .............................................................. 
 18.24     (OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT:  If 
 18.25  my health care agent is not reasonably available, I trust and 
 18.26  appoint .................... to be my health care agent instead. 
 18.27     Relationship of my alternate health care agent to me:  
 18.28  ............................................................... 
 18.29     Telephone number of my alternate health care agent:  
 18.30  ............................................................... 
 18.31     Address of my alternate health care agent:  ......... 
 18.32  ............................................................... 
 18.33      THIS IS WHAT I WANT MY HEALTH CARE AGENT TO BE ABLE TO
 18.34         DO IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
 18.35               (I know I can change these choices)
 18.36     My health care agent is automatically given the powers 
 19.1   listed below in (A) through (D).  My health care agent must 
 19.2   follow my health care instructions in this document or any other 
 19.3   instructions I have given to my agent.  If I have not given 
 19.4   health care instructions, then my agent must act in my best 
 19.5   interest. 
 19.6      Whenever I am unable to decide or speak for myself, my 
 19.7   health care agent has the power to: 
 19.8      (A) Make any health care decision for me.  This includes 
 19.9   the power to give, refuse, or withdraw consent to any care, 
 19.10  treatment, service, or procedures.  This includes deciding 
 19.11  whether to stop or not start health care that is keeping me or 
 19.12  might keep me alive, and deciding about intrusive mental health 
 19.13  treatment. 
 19.14     (B) Choose my health care providers. 
 19.15     (C) Choose where I live and receive care and support when 
 19.16  those choices relate to my health care needs. 
 19.17     (D) Review my medical records and have the same rights that 
 19.18  I would have to give my medical records to other people. 
 19.19     If I DO NOT want my health care agent to have a power 
 19.20  listed above in (A) through (D) OR if I want to LIMIT any power 
 19.21  in (A) through (D), I MUST say that here: 
 19.22  ..............................................................
 19.23  ............................................................... 
 19.24  ...............................................................
 19.25     My health care agent is NOT automatically given the powers 
 19.26  listed below in (1) and (2).  If I WANT my agent to have any of 
 19.27  the powers in (1) and (2), I must INITIAL the line in front of 
 19.28  the power; then my agent WILL HAVE that power. 
 19.29     ...  (1)  To decide whether to donate my organs when I die.
 19.30     ...  (2)  To decide what will happen with my body when I die
 19.31               (burial, cremation).
 19.32     If I want to say anything more about my health care agent's 
 19.33  powers or limits on the powers, I can say it here: 
 19.34  .................................................................
 19.35  .................................................................
 19.36  .................................................................
 20.1                 PART II: HEALTH CARE INSTRUCTIONS
 20.2      These are instructions for my health care when I am unable 
 20.3   to decide or speak for myself.  These instructions must be 
 20.4   followed (so long as they address my needs). 
 20.5        THESE ARE MY BELIEFS AND VALUES ABOUT MY HEALTH CARE
 20.6      (I know I can change these choices or leave any of them 
 20.7      blank) 
 20.8      I want you to know these things about me to help you make 
 20.9   decisions about my health care: 
 20.10     My goals for my health care:  ..............................
 20.11  .................................................................
 20.12  .................................................................
 20.13     My fears about my health care:  ............................
 20.14  .................................................................
 20.15  .................................................................
 20.16     My spiritual or religious beliefs and traditions:  .........
 20.17  .................................................................
 20.18  .................................................................
 20.19     My beliefs about when life would be no longer worth 
 20.20  living:  ........................................................
 20.21  .................................................................
 20.22  .................................................................
 20.23     My thoughts about how my medical condition might affect my 
 20.24  family:  ........................................................
 20.25  .................................................................
 20.26  .................................................................
 20.27      THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE
 20.28     (I know I can change these choices or leave any of them 
 20.29     blank) 
 20.30     Many medical treatments may be used to try to improve my 
 20.31  medical condition or to prolong my life.  Examples include 
 20.32  artificial breathing by a machine connected to a tube in the 
 20.33  lungs, artificial feeding or fluids through tubes, attempts to 
 20.34  start a stopped heart, surgeries, dialysis, antibiotics, and 
 20.35  blood transfusions.  Most medical treatments can be tried for a 
 20.36  while and then stopped if they do not help. 
 21.1      I have these views about my health care in these situations:
 21.2      (Note:  You can discuss general feelings, specific 
 21.3   treatments, or leave any of them blank) 
 21.4      If I had a reasonable chance of recovery, and were 
 21.5   temporarily unable to decide or speak for myself, I would want:  
 21.6   .................................................................
 21.7   .................................................................
 21.8   .................................................................
 21.9      If I were dying and unable to decide or speak for myself, I 
 21.10  would want:  ....................................................
 21.11  .................................................................
 21.12  .................................................................
 21.13     If I were permanently unconscious and unable to decide or 
 21.14  speak for myself, I would want:  ................................
 21.15  .................................................................
 21.16  .................................................................
 21.17     If I were completely dependent on others for my care and 
 21.18  unable to decide or speak for myself, I would want:  ............
 21.19  .................................................................
 21.20  .................................................................
 21.21     In all circumstances, my doctors will try to keep me 
 21.22  comfortable and reduce my pain.  This is how I feel about pain 
 21.23  relief if it would affect my alertness or if it could shorten my 
 21.24  life:  ..........................................................
 21.25  .................................................................
 21.26  .................................................................
 21.27     There are other things that I want or do not want for my 
 21.28  health care, if possible: 
 21.29     Who I would like to be my doctor:  .........................
 21.30  .................................................................
 21.31  .................................................................
 21.32     Where I would like to live to receive health care:  
 21.33  .................................................................
 21.34  .................................................................
 21.35  .................................................................
 21.36     Where I would like to die and other wishes I have about 
 22.1   dying:  .........................................................
 22.2   .................................................................
 22.3   .................................................................
 22.4      My wishes about donating parts of my body when I die:  .....
 22.5   .................................................................
 22.6   .................................................................
 22.7      My wishes about what happens to my body when I die 
 22.8   (cremation, burial):  ...........................................
 22.9   .................................................................
 22.10  .................................................................
 22.11     Any other things:  .........................................
 22.12  .................................................................
 22.13  .................................................................
 22.14               PART III:  MAKING THE DOCUMENT LEGAL
 22.15     This document must be signed by me.  It also must either be 
 22.16  verified by a notary public (Option 1) OR witnessed by two 
 22.17  witnesses (Option 2).  It must be dated when it is verified or 
 22.18  witnessed. 
 22.19     I am thinking clearly, I agree with everything that is 
 22.20  written in this document, and I have made this document 
 22.21  willingly. 
 22.22  ..........................................
 22.23  My Signature
 22.24       Date signed:    .....................
 22.25       Date of birth:  .....................
 22.26       Address:        ...................................
 22.27                       ...................................
 22.28  If I cannot sign my name, I can ask someone to sign this 
 22.29  document for me. 
 22.30  ..........................................
 22.31  Signature of the person who I asked to sign this document for me.
 22.32  ..........................................
 22.33  Printed name of the person who I asked to sign this document for 
 22.34  me. 
 22.35                     Option 1:  Notary Public
 22.36     In my presence on .................... (date), 
 23.1   ....................... (name) acknowledged his/her signature on 
 23.2   this document or acknowledged that he/she authorized the person 
 23.3   signing this document to sign on his/her behalf.  I am not named 
 23.4   as a health care agent or alternate health care agent in this 
 23.5   document. 
 23.6   .............................. 
 23.7   (Signature of Notary)                         (Notary Stamp)
 23.8                      Option 2:  Two Witnesses
 23.9      Two witnesses must sign.  Only one of the two witnesses can 
 23.10  be a health care provider or an employee of a health care 
 23.11  provider giving direct care to me on the day I sign this 
 23.12  document. 
 23.13  Witness One: 
 23.14     (i)  In may presence on ............... (date), 
 23.15  ............... (name) acknowledged his/her signature on this 
 23.16  document or acknowledged that he/she authorized the person 
 23.17  signing this document to sign on his/her behalf. 
 23.18     (ii)  I am at least 18 years of age. 
 23.19     (iii)  I am not named as a health care agent or an 
 23.20  alternate health care agent in this document. 
 23.21     (iv)  If I am a health care provider or an employee of a 
 23.22  health care provider giving direct care to the person listed 
 23.23  above in (A), I must initial this box:  [ ] 
 23.24     I certify that the information in (i) through (iv) is true 
 23.25  and correct. 
 23.26  ......................................
 23.27  (Signature of Witness One)
 23.28  Address:  ..........................................
 23.29            ..........................................
 23.30  Witness Two: 
 23.31     (i)  In my presence on .............. (date), 
 23.32  ................. (name) acknowledged his/her signature on this 
 23.33  document or acknowledged that he/she authorized the person 
 23.34  signing this document to sign on his/her behalf. 
 23.35     (ii)  I am at least 18 years of age. 
 23.36     (iii)  I am not named as a health care agent or an 
 24.1   alternate health care agent in this document. 
 24.2      (iv)  If I am a health care provider or an employee of a 
 24.3   health care provider giving direct care to the person listed 
 24.4   above in (A), I must initial this box:  [ ] 
 24.5      I certify that the information in (i) through (iv) is true 
 24.6   and correct. 
 24.7   ....................................
 24.8   (Signature of Witness Two)
 24.9   Address:  .........................................
 24.10            .........................................
 24.11  REMINDER:  Keep this document with your personal papers in a 
 24.12  safe place (not in a safe deposit box).  Give signed copies to 
 24.13  your doctors, family, close friends, health care agent, and 
 24.14  alternate health care agent.  Make sure your doctor is willing 
 24.15  to follow your wishes.  This document should be part of your 
 24.16  medical record at your physician's office and at the hospital, 
 24.17  home care agency, hospice, or nursing facility where you receive 
 24.18  your care. 
 24.19     Sec. 27.  Minnesota Statutes 1997 Supplement, section 
 24.20  149A.80, subdivision 2, is amended to read: 
 24.21     Subd. 2.  [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF 
 24.22  DISPOSITION.] The right to control the disposition of the 
 24.23  remains of a deceased person, including the location and 
 24.24  conditions of final disposition, unless other directions have 
 24.25  been given by the decedent pursuant to subdivision 1, vests in, 
 24.26  and the duty of final disposition of the body devolves upon, the 
 24.27  following in the order named: 
 24.28     (1) the person designated appointed in a dated written 
 24.29  instrument signed by the decedent.  Written instrument includes, 
 24.30  but is not limited to, a health care directive executed under 
 24.31  chapter 145C.  Written instrument does not include a durable or 
 24.32  nondurable power of attorney which terminates on the death of 
 24.33  the principal pursuant to sections 523.08 and 523.09; 
 24.34     (2) the surviving, legally recognized spouse; 
 24.35     (3) the surviving biological or adopted child or children 
 24.36  of the decedent over the age of majority, provided that, in the 
 25.1   absence of actual knowledge to the contrary, a funeral director 
 25.2   or mortician may rely on instructions given by the child or 
 25.3   children who represent that they are the sole surviving child, 
 25.4   or that they constitute a majority of the surviving children; 
 25.5      (4) the surviving parent or parents of the decedent; 
 25.6      (5) the surviving biological or adopted sibling or siblings 
 25.7   of the decedent over the age of majority, provided that, in the 
 25.8   absence of actual knowledge to the contrary, a funeral director 
 25.9   or mortician may rely on instructions given by the sibling or 
 25.10  siblings who represent that they are the sole surviving sibling, 
 25.11  or that they constitute a majority of the surviving siblings; 
 25.12     (6) the person or persons respectively in the next degree 
 25.13  of kinship in the order named by law to inherit the estate of 
 25.14  the decedent; and 
 25.15     (7) the appropriate public or court authority, as required 
 25.16  by law. 
 25.17     For purposes of this subdivision, the appropriate public or 
 25.18  court authority includes the county board of the county in which 
 25.19  the death occurred if the person dies without apparent financial 
 25.20  means to provide for final disposition or the district court in 
 25.21  the county in which the death occurred. 
 25.22     Sec. 28.  Minnesota Statutes 1997 Supplement, section 
 25.23  253B.04, subdivision 1a, is amended to read: 
 25.24     Subd. 1a.  [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 
 25.25  WITH MENTAL ILLNESS.] (a) A person with a mental illness may 
 25.26  seek or voluntarily agree to accept treatment or admission to a 
 25.27  facility.  If the mental health provider determines that the 
 25.28  person lacks the capacity to give informed consent for the 
 25.29  treatment or admission, and in the absence of a durable power of 
 25.30  attorney for health care power of attorney that authorizes 
 25.31  consent, the designated agency or its designee may give informed 
 25.32  consent for mental health treatment or admission to a treatment 
 25.33  facility on behalf of the person. 
 25.34     (b) The designated agency shall apply the following 
 25.35  criteria in determining the person's ability to give informed 
 25.36  consent: 
 26.1      (1) whether the person demonstrates an awareness of the 
 26.2   person's illness, and the reasons for treatment, its risks, 
 26.3   benefits and alternatives, and the possible consequences of 
 26.4   refusing treatment; and 
 26.5      (2) whether the person communicates verbally or nonverbally 
 26.6   a clear choice concerning treatment that is a reasoned one, not 
 26.7   based on delusion, even though it may not be in the person's 
 26.8   best interests. 
 26.9      (c) The basis for the designated agency's decision that the 
 26.10  person lacks the capacity to give informed consent for treatment 
 26.11  or admission, and that the patient has voluntarily accepted 
 26.12  treatment or admission, must be documented in writing. 
 26.13     (d) A mental health provider that provides treatment in 
 26.14  reliance on the written consent given by the designated agency 
 26.15  under this subdivision is not civilly or criminally liable for 
 26.16  performing treatment without consent.  This paragraph does not 
 26.17  affect any other liability that may result from the manner in 
 26.18  which the treatment is performed. 
 26.19     (e) A person who receives treatment or is admitted to a 
 26.20  facility under this subdivision has the right to refuse 
 26.21  treatment at any time or to be released from a facility as 
 26.22  provided under subdivision 2.  The person or any interested 
 26.23  person acting on the person's behalf may seek court review 
 26.24  within five days for a determination of whether the person's 
 26.25  agreement to accept treatment or admission is voluntary.  At the 
 26.26  time a person agrees to treatment or admission to a facility 
 26.27  under this subdivision, the designated agency or its designee 
 26.28  shall inform the person in writing of the person's rights under 
 26.29  this paragraph. 
 26.30     (f) This subdivision does not authorize the administration 
 26.31  of neuroleptic medications.  Neuroleptic medications may be 
 26.32  administered only as provided in section 253B.092. 
 26.33     Sec. 29.  Minnesota Statutes 1996, section 525.55, 
 26.34  subdivision 1, is amended to read: 
 26.35     Subdivision 1.  [TIME OF NOTICE; TO WHOM GIVEN.] In all 
 26.36  cases, upon the filing of the petition the court shall fix the 
 27.1   time and place for the hearing and shall order that notice be 
 27.2   given of the hearing.  At least 14 days prior to the hearing, 
 27.3   personal service of the notice shall be made upon the proposed 
 27.4   ward or conservatee.  Notice by mail postmarked at least 14 days 
 27.5   before the hearing shall also be served on: 
 27.6      (1) the spouse, parents, adult children, brothers and 
 27.7   sisters,; 
 27.8      (2) a health care agent or proxy appointed pursuant to a 
 27.9   health care directive as defined in section 145C.01, a living 
 27.10  will under chapter 145B, or other similar document executed in 
 27.11  another state and enforceable under the laws of this state; and, 
 27.12     (3) if none of those in clause (1) or (2) are alive or can 
 27.13  be located, on the nearest kindred as determined by the court, 
 27.14  and on any other persons the court may direct, by mail 
 27.15  postmarked at least 14 days prior to the hearing. 
 27.16     If the person is a patient or resident, or client of any 
 27.17  hospital, nursing home, home care agency, or other institution, 
 27.18  notice by mail shall also be given to the administrative head of 
 27.19  the institution.  If the person is a nonresident or if after 
 27.20  diligent search cannot be found in this state, notice shall be 
 27.21  given in the manner and to those persons as the court may 
 27.22  determine. 
 27.23     Sec. 30.  Minnesota Statutes 1996, section 525.55, 
 27.24  subdivision 2, is amended to read: 
 27.25     Subd. 2.  [FORM; SERVICE.] The notice shall be written in 
 27.26  language which can be easily understood.  Included with the 
 27.27  notice shall be a copy of the petition.  The notice shall 
 27.28  contain information regarding the nature, purpose and legal 
 27.29  effects of the guardianship or conservatorship proceedings on 
 27.30  the proposed ward or conservatee.  The notice shall state that 
 27.31  the person may be adjudged incapable of self care for person or 
 27.32  property, and by reason thereof, a guardian or conservator may 
 27.33  be appointed, and that the adjudication may transfer to the 
 27.34  appointed guardian or conservator certain rights, including the 
 27.35  right to manage and control property, to enter into contracts 
 27.36  and to determine residence.  The notice shall further contain 
 28.1   information regarding the rights of the proposed ward or 
 28.2   conservatee in the proceeding, including the right to attend the 
 28.3   hearing, to be represented by an attorney, to oppose the 
 28.4   proceeding, and to present evidence.  The notice shall state 
 28.5   that if the proposed ward or conservatee wishes to exercise the 
 28.6   right to be represented by an attorney, that person must either 
 28.7   obtain counsel of choice, or ask the court to appoint an 
 28.8   attorney to represent that person, and that the county shall pay 
 28.9   a reasonable attorney's fee if that person is indigent.  The 
 28.10  procedure for requesting a court appointed attorney shall be 
 28.11  described in the notice.  If the proposed ward or conservatee is 
 28.12  a patient, resident, or client of any hospital, nursing home, 
 28.13  home care agency, or other institution, the notice must further 
 28.14  require the institution to advise the court of the existence, if 
 28.15  known, of a health care directive, as defined in section 
 28.16  145C.01, executed by the proposed ward or conservatee, a living 
 28.17  will executed under chapter 145B, or any other similar document 
 28.18  executed in another state and enforceable under the laws of this 
 28.19  state. 
 28.20     The process server shall inquire whether the proposed ward 
 28.21  or conservatee desires the notice and petition to be read to 
 28.22  that person, and shall read the notice and petition if requested 
 28.23  to do so.  In place of a process server, the court may appoint a 
 28.24  visitor to deliver the notice and petition and explain them to 
 28.25  the proposed ward or conservatee.  
 28.26     Sec. 31.  Minnesota Statutes 1996, section 525.551, 
 28.27  subdivision 1, is amended to read: 
 28.28     Subdivision 1.  [ATTENDANCE AT HEARING.] If the proposed 
 28.29  ward or conservatee is within the state, that person shall be 
 28.30  present at the hearing unless in a meeting with a visitor that 
 28.31  person specifically waives the right to appear in person or is 
 28.32  not able to attend by reason of medical condition as evidenced 
 28.33  by a written statement from a licensed physician.  The written 
 28.34  statement shall be evidence only of the proposed ward's or 
 28.35  conservatee's medical inability to attend the hearing, and shall 
 28.36  not be considered in determining the issue of incapacity.  The 
 29.1   written statement must also inform the court of the physician's 
 29.2   knowledge, if any, of the existence of a health care directive, 
 29.3   as defined in section 145C.01, executed by the proposed ward or 
 29.4   conservatee, a living will executed under chapter 145B, or any 
 29.5   other similar document executed in another state and enforceable 
 29.6   under the laws of this state.  In any instance in which a 
 29.7   proposed ward or conservatee is absent from the hearing, the 
 29.8   court shall specify in its findings of fact the reason for 
 29.9   nonattendance. 
 29.10     If a visitor delivered the notice and petition pursuant to 
 29.11  section 525.55 and the proposed ward or conservatee has waived 
 29.12  the right to attend the hearing, the visitor may testify as to 
 29.13  the notice and any waiver of the right to appear in person, and 
 29.14  as to other matters which may assist the court in determining 
 29.15  the need for a guardian or conservator and the extent of the 
 29.16  power to be granted.  
 29.17     Sec. 32.  Minnesota Statutes 1996, section 525.551, 
 29.18  subdivision 5, is amended to read: 
 29.19     Subd. 5.  [FINDINGS.] In all cases the court shall make 
 29.20  specific written findings of fact, state separately its 
 29.21  conclusions of law, and direct the entry of an appropriate 
 29.22  judgment or order. 
 29.23     If upon completion of the hearing and consideration of the 
 29.24  record the court finds:  (a) that the requirements for the 
 29.25  voluntary appointment of a conservator or guardian have been 
 29.26  met, or (b)(1) that the proposed ward or conservatee is 
 29.27  incapacitated as defined in section 525.54; and (2) in need of 
 29.28  the supervision and protection of a guardian or conservator; and 
 29.29  (3) that no appropriate alternatives to the guardianship or 
 29.30  conservatorship exist which are less restrictive of the person's 
 29.31  civil rights and liberties, such as those set forth in section 
 29.32  525.54, subdivision 7, it shall enter its order or judgment 
 29.33  granting all of the powers set out in section 525.56, 
 29.34  subdivision 3, in the case of a guardian of the person, and 
 29.35  section 525.56, subdivision 4, in the case of a guardian of the 
 29.36  estate, or specifying the powers of the conservator pursuant to 
 30.1   section 525.56.  The court shall make a finding that appointment 
 30.2   of the person chosen as guardian or conservator is in the best 
 30.3   interests of the ward or conservatee.  Except as provided in 
 30.4   section 525.544, subdivision 1, if more than one person has 
 30.5   petitioned the court to serve as guardian or conservator, or if 
 30.6   the petition is contested, the court shall make a finding that 
 30.7   the person to be appointed as guardian or conservator is the 
 30.8   most suitable and best qualified person among those who are 
 30.9   available before making the appointment.  The court's finding as 
 30.10  to the best available guardian must specifically address the 
 30.11  reasons for the court's determination that the appointment of 
 30.12  that person is in the best interests of the ward or 
 30.13  conservatee.  The court must also clarify the respective legal 
 30.14  authorities of a guardian or conservator appointed under this 
 30.15  chapter and any existing health care agent or proxy appointed 
 30.16  under a health care directive as defined in section 145C.01, a 
 30.17  living will under chapter 145B, or other similar document 
 30.18  executed in another state and enforceable under the laws of this 
 30.19  state. 
 30.20     The court may enumerate in its findings which legal rights 
 30.21  the proposed ward or conservatee is incapable of exercising. 
 30.22     Sec. 33.  Minnesota Statutes 1996, section 525.9212, is 
 30.23  amended to read: 
 30.24     525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 
 30.25  GIFTS, BY OTHERS.] 
 30.26     (a) Any member of the following classes of persons, in the 
 30.27  order of priority listed, may make an anatomical gift of all or 
 30.28  a part of the decedent's body for an authorized purpose, unless 
 30.29  the decedent has made a refusal to make that anatomical gift 
 30.30  that is unrevoked at the time of death: 
 30.31     (1) the spouse of the decedent; 
 30.32     (2) an adult son or daughter of the decedent; 
 30.33     (3) either parent of the decedent; 
 30.34     (4) an adult brother or sister of the decedent; 
 30.35     (5) a grandparent of the decedent; and 
 30.36     (6) a guardian or conservator of the person of the decedent 
 31.1   at the time of death or a health care agent or proxy appointed 
 31.2   by the decedent under a health care directive as defined in 
 31.3   section 145C.01, a living will under chapter 145B, or other 
 31.4   similar document executed in another state and enforceable under 
 31.5   the laws of this state. 
 31.6      (b) An anatomical gift may not be made by a person listed 
 31.7   in paragraph (a) if: 
 31.8      (1) a person in a prior class is available at the time of 
 31.9   death to make an anatomical gift; 
 31.10     (2) the person proposing to make an anatomical gift knows 
 31.11  of a refusal or contrary indications by the decedent; or 
 31.12     (3) the person proposing to make an anatomical gift knows 
 31.13  of an objection to making an anatomical gift by a member of the 
 31.14  person's class or a prior class. 
 31.15     (c) An anatomical gift by a person authorized under 
 31.16  paragraph (a) must be made by (i) a document of gift signed by 
 31.17  the person, or (ii) the person's telegraphic, recorded 
 31.18  telephonic, or other recorded message, or other form of 
 31.19  communication from the person that is contemporaneously reduced 
 31.20  to writing and signed by the recipient. 
 31.21     (d) An anatomical gift by a person authorized under 
 31.22  paragraph (a) may be revoked by any member of the same or a 
 31.23  prior class if, before procedures have begun for the removal of 
 31.24  a part from the body of the decedent, the physician, surgeon, 
 31.25  technician, or enucleator removing the part knows of the 
 31.26  revocation. 
 31.27     (e) A failure to make a decision as to an anatomical gift 
 31.28  under paragraph (a) is not an objection to the making of an 
 31.29  anatomical gift. 
 31.30     Sec. 34.  [REPEALER.] 
 31.31     Minnesota Statutes 1996, sections 145C.05, subdivision 1; 
 31.32  and 145C.15, are repealed. 
 31.33     Sec. 35.  [EFFECT OF AMENDMENTS.] 
 31.34     A document executed prior to August 1, 1998, that purports 
 31.35  to be a living will under Minnesota Statutes, chapter 145B, a 
 31.36  durable power of attorney for health care under Minnesota 
 32.1   Statutes, chapter 145C, or a declaration regarding intrusive 
 32.2   mental health treatment under Minnesota Statutes, section 
 32.3   253B.03, subdivision 6a, is valid if the document: 
 32.4      (1) complied with the law in effect on the date it was 
 32.5   executed; or 
 32.6      (2) complies with the requirements of Minnesota Statutes, 
 32.7   section 145C.03. 
 32.8      If the document complied with the law in effect on the date 
 32.9   it was executed but does not also comply with the requirements 
 32.10  of Minnesota Statutes, section 145C.03, it shall be given effect 
 32.11  in accordance with the laws in effect on the date it was 
 32.12  executed, unless the document provides otherwise. 
 32.13     Nothing in sections 1 to 35 impairs the evidentiary effect 
 32.14  under common law or reasonable medical practice with respect to 
 32.15  other written or oral expressions of an individual's desires 
 32.16  regarding health care. 
 32.17     Sec. 36.  [EFFECTIVE DATE.] 
 32.18     Sections 1 to 35 are effective August 1, 1998.