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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 211-H.F.No. 1450 
                  An act relating to health; organ donations; amending 
                  the living will form to include provisions for organ 
                  donations; allowing a durable power of attorney for 
                  health care to include provisions for organ donations; 
                  amending Minnesota Statutes 1994, sections 145B.04; 
                  and 145C.05, subdivision 2. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 145B.04, is 
        amended to read: 
           145B.04 [SUGGESTED FORM.] 
           A living will executed after August 1, 1989, under this 
        chapter must be substantially in the form in this section.  
        Forms printed for public distribution must be substantially in 
        the form in this section. 
                            "Health Care Living Will
        Notice: 
           This is an important legal document.  Before signing this 
        document, you should know these important facts: 
           (a) This document gives your health care providers or your 
        designated proxy the power and guidance to make health care 
        decisions according to your wishes when you are in a terminal 
        condition and cannot do so.  This document may include what kind 
        of treatment you want or do not want and under what 
        circumstances you want these decisions to be made.  You may 
        state where you want or do not want to receive any treatment. 
           (b) If you name a proxy in this document and that person 
        agrees to serve as your proxy, that person has a duty to act 
        consistently with your wishes.  If the proxy does not know your 
        wishes, the proxy has the duty to act in your best interests.  
        If you do not name a proxy, your health care providers have a 
        duty to act consistently with your instructions or tell you that 
        they are unwilling to do so. 
           (c) This document will remain valid and in effect until and 
        unless you amend or revoke it.  Review this document 
        periodically to make sure it continues to reflect your 
        preferences.  You may amend or revoke the living will at any 
        time by notifying your health care providers. 
           (d) Your named proxy has the same right as you have to 
        examine your medical records and to consent to their disclosure 
        for purposes related to your health care or insurance unless you 
        limit this right in this document. 
           (e) If there is anything in this document that you do not 
        understand, you should ask for professional help to have it 
        explained to you. 
        TO MY FAMILY, DOCTORS, AND ALL THOSE CONCERNED WITH MY CARE: 
           I, .........................., born on ........ 
        (birthdate), being an adult of sound mind, willfully and 
        voluntarily make this statement as a directive to be followed if 
        I am in a terminal condition and become unable to participate in 
        decisions regarding my health care.  I understand that my health 
        care providers are legally bound to act consistently with my 
        wishes, within the limits of reasonable medical practice and 
        other applicable law.  I also understand that I have the right 
        to make medical and health care decisions for myself as long as 
        I am able to do so and to revoke this living will at any time. 
           (1) The following are my feelings and wishes regarding my 
        health care (you may state the circumstances under which this 
        living will applies): 
        ................................................................ 
        ................................................................ 
        ................................................................ 
        ................................................................ 
           (2) I particularly want to have all appropriate health care 
        that will help in the following ways (you may give instructions 
        for care you do want): 
        .................................................................
        .................................................................
        .................................................................
        .................................................................
           (3) I particularly do not want the following (you may list 
        specific treatment you do not want in certain circumstances): 
        .................................................................
        .................................................................
           (4) I particularly want to have the following kinds of 
        life-sustaining treatment if I am diagnosed to have a terminal 
        condition (you may list the specific types of life-sustaining 
        treatment that you do want if you have a terminal condition): 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (5) I particularly do not want the following kinds of 
        life-sustaining treatment if I am diagnosed to have a terminal 
        condition (you may list the specific types of life-sustaining 
        treatment that you do not want if you have a terminal condition):
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (6) I recognize that if I reject artificially administered 
        sustenance, then I may die of dehydration or malnutrition rather 
        than from my illness or injury.  The following are my feelings 
        and wishes regarding artificially administered sustenance should 
        I have a terminal condition (you may indicate whether you wish 
        to receive food and fluids given to you in some other way than 
        by mouth if you have a terminal condition): 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (7) Thoughts I feel are relevant to my instructions.  (You 
        may, but need not, give your religious beliefs, philosophy, or 
        other personal values that you feel are important.  You may also 
        state preferences concerning the location of your care.) 
        ............................................................... 
        ............................................................... 
        ............................................................... 
        ............................................................... 
           (8) Proxy Designation.  (If you wish, you may name someone 
        to see that your wishes are carried out, but you do not have to 
        do this.  You may also name a proxy without including specific 
        instructions regarding your care.  If you name a proxy, you 
        should discuss your wishes with that person.) 
           If I become unable to communicate my instructions, I 
        designate the following person(s) to act on my behalf 
        consistently with my instructions, if any, as stated in this 
        document.  Unless I write instructions that limit my proxy's 
        authority, my proxy has full power and authority to make health 
        care decisions for me.  If a guardian or conservator of the 
        person is to be appointed for me, I nominate my proxy named in 
        this document to act as guardian or conservator of my person. 
           Name:  ................................................. 
           Address:  .............................................. 
           Phone Number:  ......................................... 
           Relationship:  (If any) ................................ 
           If the person I have named above refuses or is unable or 
        unavailable to act on my behalf, or if I revoke that person's 
        authority to act as my proxy, I authorize the following person 
        to do so: 
           Name:  .....................................................
           Address:  ..................................................
           Phone Number:  .............................................
           Relationship:  (If any) ....................................
           I understand that I have the right to revoke the 
        appointment of the persons named above to act on my behalf at 
        any time by communicating that decision to the proxy or my 
        health care provider. 
           (9) Organ Donation After Death.  (If you wish, you may 
        indicate whether you want to be an organ donor upon your 
        death.)  Initial the statement which expresses your wish: 
           .....  In the event of my death, I would like to donate my 
        organs.  I understand that to become an organ donor, I must be 
        declared brain dead.  My organ function may be maintained 
        artificially on a breathing machine, (i.e., artificial 
        ventilation), so that my organs can be removed. 
           Limitations or special wishes:  (If any) .................. 
        .................................................................
        .................................................................
           I understand that, upon my death, my next of kin may be 
        asked permission for donation.  Therefore, it is in my best 
        interests to inform my next of kin about my decision ahead of 
        time and ask them to honor my request. 
           I (have) (have not) agreed in another document or on 
        another form to donate some or all of my organs when I die. 
           .....  I do not wish to become an organ donor upon my death.
           DATE:  .....................................................
           SIGNED: ....................................................
           STATE OF .........................  
           ................................... 
           COUNTY OF ........................ 
           Subscribed, sworn to, and acknowledged before me by 
        .......... on this ..... day of ............, 19... 
           
           ......................................... 
           NOTARY PUBLIC 
           OR 
           (Sign and date here in the presence of two adult witnesses, 
        neither of whom is entitled to any part of your estate under a 
        will or by operation of law, and neither of whom is your proxy.) 
           I certify that the declarant voluntarily signed this living 
        will in my presence and that the declarant is personally known 
        to me.  I am not named as a proxy by the living will, and to the 
        best of my knowledge, I am not entitled to any part of the 
        estate of the declarant under a will or by operation of law. 
        Witness ....................  Address ..................... 
        Witness ....................  Address ..................... 
        Reminder:  Keep the signed original with your personal papers. 
        Give signed copies to your doctors, family, and proxy." 
           Sec. 2.  Minnesota Statutes 1994, section 145C.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADDITIONAL PROVISIONS.] The durable power of 
        attorney for health care may include additional provisions 
        consistent with this chapter, including: 
           (1) the designation of one or more alternative agents to 
        act if the named agent is unable, unavailable, or unwilling to 
        serve; 
           (2) specific instructions to the agent or any alternative 
        agents; 
           (3) limitations, if any, on the right of the agent or any 
        alternative agents to receive, review, obtain copies of, and 
        consent to the disclosure of the principal's medical 
        records; and 
           (4) limitations, if any, on the nomination of the agent as 
        guardian or conservator for purposes of section 525.544; and 
           (5) a document of gift for the purpose of making an 
        anatomical gift, as set forth in sections 525.921 to 525.9224, 
        or an amendment to, revocation of, or refusal to make an 
        anatomical gift. 
           Sec. 3.  [APPLICATION; EFFECT.] 
           Section 1 does not affect the validity of a living will 
        that does not contain the provisions of section 1.  Nothing in 
        this act affects or overrides the provisions of the uniform 
        anatomical gift act in Minnesota Statutes, sections 525.921 to 
        525.9224. 
           Presented to the governor May 22, 1995 
           Signed by the governor May 24, 1995, 10:10 a.m.