Skip to main content Skip to office menu Skip to footer
Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 399-S.F.No. 2050 
                  An act relating to health; modifying provisions 
                  governing advance health care directives; combining 
                  laws governing living wills and durable power of 
                  attorney for health care; amending Minnesota Statutes 
                  1996, sections 144.335, subdivision 1; 145C.01, 
                  subdivisions 2, 3, 4, 8, and by adding subdivisions; 
                  145C.02; 145C.03; 145C.04; 145C.05, subdivisions 1 and 
                  2; 145C.06; 145C.07; 145C.08; 145C.09; 145C.10; 
                  145C.11; 145C.12; 145C.13, subdivision 1; 145C.15; 
                  525.55, subdivisions 1 and 2; 525.551, subdivisions 1 
                  and 5; 525.9212; and 609.215, subdivision 3; Minnesota 
                  Statutes 1997 Supplement, sections 149A.80, 
                  subdivision 2; 253B.04, subdivision 1a; 253B.07, 
                  subdivision 1; and 253B.092, subdivisions 2 and 6; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapters 145B; and 145C. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 144.335, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] For the purposes of this 
        section, the following terms have the meanings given them: 
           (a) "Patient" means a natural person who has received 
        health care services from a provider for treatment or 
        examination of a medical, psychiatric, or mental condition, the 
        surviving spouse and parents of a deceased patient, or a person 
        the patient designates appoints in writing as a representative, 
        including a health care agent acting pursuant to chapter 145C, 
        unless the authority of the agent has been limited by the 
        principal in the principal's health care directive.  Except for 
        minors who have received health care services pursuant to 
        sections 144.341 to 144.347, in the case of a minor, patient 
        includes a parent or guardian, or a person acting as a parent or 
        guardian in the absence of a parent or guardian. 
           (b) "Provider" means (1) any person who furnishes health 
        care services and is licensed to furnish the services pursuant 
        to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care 
        provider licensed under section 144A.46; (3) a health care 
        facility licensed pursuant to this chapter or chapter 144A; (4) 
        a physician assistant registered under chapter 147A; and (5) an 
        unlicensed mental health practitioner regulated pursuant to 
        sections 148B.60 to 148B.71. 
           (c) "Individually identifiable form" means a form in which 
        the patient is or can be identified as the subject of the health 
        records. 
           Sec. 2.  [145B.011] [APPLICATION OF CHAPTER.] 
           This chapter applies only to living wills executed before 
        August 1, 1998.  If a document purporting to be a living will is 
        executed on or after August 1, 1998, its legal sufficiency, 
        interpretation, and enforcement must be determined under the 
        provisions of chapter 145C in effect on the date of its 
        execution. 
           Sec. 3.  Minnesota Statutes 1996, section 145C.01, is 
        amended by adding a subdivision to read: 
           Subd. 1a.  [ACT IN GOOD FAITH.] "Act in good faith" means 
        to act consistently with a legally sufficient health care 
        directive of the principal, a living will executed under chapter 
        145B, a declaration regarding intrusive mental health treatment 
        executed under section 253B.03, subdivision 6d, or information 
        otherwise made known by the principal, unless the actor has 
        actual knowledge of the modification or revocation of the 
        information expressed.  If these sources of information do not 
        provide adequate guidance to the actor, "act in good faith" 
        means acting in the best interests of the principal, considering 
        the principal's overall general health condition and prognosis 
        and the principal's personal values to the extent known.  
        Notwithstanding any instruction of the principal, a health care 
        agent, health care provider, or any other person is not acting 
        in good faith if the person violates the provisions of section 
        609.215 prohibiting assisted suicide. 
           Sec. 4.  Minnesota Statutes 1996, section 145C.01, is 
        amended by adding a subdivision to read: 
           Subd. 1b.  [DECISION-MAKING CAPACITY.] "Decision-making 
        capacity" means the ability to understand the significant 
        benefits, risks, and alternatives to proposed health care and to 
        make and communicate a health care decision. 
           Sec. 5.  Minnesota Statutes 1996, section 145C.01, 
        subdivision 2, is amended to read: 
           Subd. 2.  [HEALTH CARE AGENT.] "Health care agent" means an 
        individual age 18 or older who is designated appointed by a 
        principal in a durable health care power of attorney for health 
        care to make health care decisions on behalf of a the principal 
        and has consented to act in that capacity.  An agent "Health 
        care agent" may also be referred to as "attorney in fact agent." 
           Sec. 6.  Minnesota Statutes 1996, section 145C.01, 
        subdivision 3, is amended to read: 
           Subd. 3.  [DURABLE HEALTH CARE POWER OF ATTORNEY FOR HEALTH 
        CARE.] "Durable Health care power of attorney for health care" 
        means an instrument authorizing an agent appointing one or more 
        health care agents to make health care decisions for the 
        principal if the principal is unable, in the judgment of the 
        attending physician, to make or communicate health care 
        decisions. 
           Sec. 7.  Minnesota Statutes 1996, section 145C.01, 
        subdivision 4, is amended to read: 
           Subd. 4.  [HEALTH CARE.] "Health care" means any care, 
        treatment, service, or procedure to maintain, diagnose, or treat 
        otherwise affect a person's physical or mental condition.  
        "Health care" includes the provision of nutrition or hydration 
        parenterally or through intubation but does not include any 
        treatment, service, or procedure that violates the provisions of 
        section 609.215 prohibiting assisted suicide.  "Health 
        care" does not include intrusive mental health treatment as 
        defined in section 253B.03, subdivision 6b, unless the durable 
        power of attorney for health care specifically applies to 
        decisions relating to intrusive mental health treatment also 
        includes the establishment of a person's abode within or without 
        the state and personal security safeguards for a person, to the 
        extent decisions on these matters relate to the health care 
        needs of the person. 
           Sec. 8.  Minnesota Statutes 1996, section 145C.01, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [HEALTH CARE DIRECTIVE.] "Health care directive" 
        means a written instrument that complies with section 145C.03 
        and includes one or more health care instructions, a health care 
        power of attorney, or both; or a durable power of attorney for 
        health care executed under this chapter before August 1, 1998. 
           Sec. 9.  Minnesota Statutes 1996, section 145C.01, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [HEALTH CARE INSTRUCTION.] "Health care 
        instruction" means a written statement of the principal's 
        values, preferences, guidelines, or directions regarding health 
        care. 
           Sec. 10.  Minnesota Statutes 1996, section 145C.01, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PRINCIPAL.] "Principal" means an individual age 
        18 or older who has executed a durable power of attorney for 
        health care directive. 
           Sec. 11.  Minnesota Statutes 1996, section 145C.01, is 
        amended by adding a subdivision to read: 
           Subd. 9.  [REASONABLY AVAILABLE.] "Reasonably available" 
        means able to be contacted and willing and able to act in a 
        timely manner considering the urgency of the principal's health 
        care needs. 
           Sec. 12.  Minnesota Statutes 1996, section 145C.02, is 
        amended to read: 
           145C.02 [DURABLE POWER OF ATTORNEY FOR HEALTH CARE 
        DIRECTIVE.] 
           A durable power of attorney for health care under this 
        chapter authorizes the agent to make health care decisions for 
        the principal when the principal is unable, in the judgment of 
        the principal's attending physician, to make or communicate 
        health care decisions.  The durable power of attorney for health 
        care must substantially comply with the requirements of this 
        chapter.  An instrument executed prior to August 1, 1993, 
        purporting to create a durable power of attorney for health care 
        is valid if the document specifically authorizes the agent to 
        make health care decisions and is executed in compliance with 
        section 145C.03.  A principal with the capacity to do so may 
        execute a health care directive.  A health care directive may 
        include one or more health care instructions to direct health 
        care providers, others assisting with health care, family 
        members, and a health care agent.  A health care directive may 
        include a health care power of attorney to appoint a health care 
        agent to make health care decisions for the principal when the 
        principal, in the judgment of the principal's attending 
        physician, lacks decision-making capacity, unless otherwise 
        specified in the health care directive. 
           Sec. 13.  Minnesota Statutes 1996, section 145C.03, is 
        amended to read: 
           145C.03 [REQUIREMENTS.] 
           Subdivision 1.  [EXECUTION LEGAL SUFFICIENCY.] A durable 
        power of attorney for health care must be signed by the 
        principal or in the principal's name by some other individual 
        acting in the principal's presence and by the principal's 
        direction.  A durable power of attorney for health care must 
        contain the date of its execution and must be witnessed or 
        acknowledged by one of the following methods: 
           (1) signed by at least two individuals age 18 or older each 
        of whom witnessed either the signing of the instrument by the 
        principal or the principal's acknowledgment of the signature; or 
           (2) acknowledged by the principal before a notary public 
        who is not the agent.  To be legally sufficient in this state, a 
        health care directive must: 
           (1) be in writing; 
           (2) be dated; 
           (3) state the principal's name; 
           (4) be executed by a principal with capacity to do so with 
        the signature of the principal or with the signature of another 
        person authorized by the principal to sign on behalf of the 
        principal; 
           (5) contain verification of the principal's signature or 
        the signature of the person authorized by the principal to sign 
        on behalf of the principal, either by a notary public or by 
        witnesses as provided under this chapter; and 
           (6) include a health care instruction, a health care power 
        of attorney, or both. 
           Subd. 2.  [INDIVIDUALS INELIGIBLE TO ACT AS HEALTH CARE 
        AGENT.] (a) An individual appointed by the principal under 
        section 145C.05, subdivision 2, paragraph (b), to make the 
        determination of the principal's decision-making capacity is not 
        eligible to act as the health care agent. 
           (b) The following individuals are not eligible to act as 
        the health care agent in a durable power of attorney for health 
        care, unless the individual designated appointed is related to 
        the principal by blood, marriage, registered domestic 
        partnership, or adoption, or unless the principal has otherwise 
        specified in the health care directive: 
           (1) a health care provider attending the principal on the 
        date of execution of the health care directive or on the date 
        the health care agent must make decisions for the principal; or 
           (2) an employee of a health care provider attending the 
        principal on the date of execution of the health care directive 
        or on the date the health care agent must make decisions for the 
        principal.  
           Subd. 3.  [INDIVIDUALS INELIGIBLE TO ACT AS WITNESSES OR 
        NOTARY PUBLIC.] The (a) A health care agent designated or 
        alternate health care agent appointed in the durable power of 
        attorney for a health care power of attorney may not act as a 
        witness or notary public for the execution of the durable power 
        of attorney for health care directive that includes the health 
        care power of attorney. 
           (b) At least one witness to the execution of the durable 
        power of attorney for health care directive must not be a health 
        care provider providing direct care to the principal or an 
        employee of a health care provider providing direct care to the 
        principal on the date of execution.  A person notarizing a 
        health care directive may be an employee of a health care 
        provider providing direct care to the principal. 
           Sec. 14.  Minnesota Statutes 1996, section 145C.04, is 
        amended to read: 
           145C.04 [EXECUTED IN ANOTHER STATE.] 
           (a) A durable power of attorney for health care or similar 
        document executed in another state or jurisdiction in compliance 
        with the law of that state or jurisdiction is valid and 
        enforceable in this state, to the extent the document is 
        consistent with the laws of this state health care directive or 
        similar document executed in another state or jurisdiction is 
        legally sufficient under this chapter if it: 
           (1) complies with the law of the state or jurisdiction in 
        which it was executed; or 
           (2) complies with section 145C.03. 
           (b) Nothing in this section shall be interpreted to 
        authorize a directive or similar document to override the 
        provisions of section 609.215 prohibiting assisted suicide. 
           Sec. 15.  Minnesota Statutes 1996, section 145C.05, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CONTENT.] A durable power of attorney for 
        health care directive executed pursuant to this chapter may, but 
        need not, be in the following form: 
           "I appoint .......... as my agent (my attorney in fact) to 
        make any health care decision for me when, in the judgment of my 
        attending physician, I am unable to make or communicate the 
        decision myself and my agent consents to make or communicate the 
        decision on my behalf. 
           My agent has the power to make any health care decision for 
        me.  This power includes the power to give consent, to refuse 
        consent, or to withdraw consent to any care, treatment, service, 
        or procedure to maintain, diagnose, or treat my physical or 
        mental condition, including giving me food or water by 
        artificial means.  My agent has the power, where consistent with 
        the laws of this state, to make a health care decision to 
        withhold or stop health care necessary to keep me alive.  It is 
        my intention that my agent or any alternative agent has a 
        personal obligation to me to make health care decisions for me 
        consistent with my expressed wishes.  I understand, however, 
        that my agent or any alternative agent has no legal duty to act. 
           My agent and any alternative agents have consented to act 
        as my agent.  My agent and any alternative agents have been 
        notified that they will be nominated as a guardian or 
        conservator for me. 
           My agent must act consistently with my desires as stated in 
        this document or as otherwise made known by me to my agent. 
           My agent has the same right as I would have to receive, 
        review, and obtain copies of my medical records and to consent 
        to disclosure of those records." contained in section 145C.16. 
           Sec. 16.  Minnesota Statutes 1996, section 145C.05, 
        subdivision 2, is amended to read: 
           Subd. 2.  [ADDITIONAL PROVISIONS THAT MAY BE INCLUDED.] The 
        durable power of attorney for (a) A health care directive may 
        include additional provisions consistent with this chapter, 
        including, but not limited to: 
           (1) the designation of one or more alternative alternate 
        health care agents to act if the named health care agent is 
        unable, unavailable, or unwilling not reasonably available to 
        serve; 
           (2) specific instructions to the agent or any alternative 
        agents directions to joint health care agents regarding the 
        process or standards by which the health care agents are to 
        reach a health care decision for the principal, and a statement 
        whether joint health care agents may act independently of one 
        another; 
           (3) limitations, if any, on the right of the health care 
        agent or any alternative alternate health care agents to 
        receive, review, obtain copies of, and consent to the disclosure 
        of the principal's medical records; 
           (4) limitations, if any, on the nomination of the health 
        care agent as guardian or conservator of the person 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.; 
           (6) a declaration regarding intrusive mental health 
        treatment under section 253B.03, subdivision 6d, or a statement 
        that the health care agent is authorized to give consent for the 
        principal under section 253B.04, subdivision 1a; 
           (7) a funeral directive as provided in section 149A.80, 
        subdivision 2; 
           (8) limitations, if any, to the effect of dissolution or 
        annulment of marriage or termination of domestic partnership on 
        the appointment of a health care agent under section 145C.09, 
        subdivision 2; 
           (9) specific reasons why a principal wants a health care 
        provider or an employee of a health care provider attending the 
        principal to be eligible to act as the principal's health care 
        agent; 
           (10) health care instructions by a woman of child bearing 
        age regarding how she would like her pregnancy, if any, to 
        affect health care decisions made on her behalf; and 
           (11) health care instructions regarding artificially 
        administered nutrition or hydration. 
           (b) A health care directive may include a statement of the 
        circumstances under which the directive becomes effective other 
        than upon the judgment of the principal's attending physician in 
        the following situations: 
           (1) a principal who in good faith generally selects and 
        depends upon spiritual means or prayer for the treatment or care 
        of disease or remedial care and does not have an attending 
        physician, may include a statement appointing an individual who 
        may determine the principal's decision-making capacity; and 
           (2) a principal who in good faith does not generally select 
        a physician or a health care facility for the principal's health 
        care needs may include a statement appointing an individual who 
        may determine the principal's decision-making capacity, provided 
        that if the need to determine the principal's capacity arises 
        when the principal is receiving care under the direction of an 
        attending physician in a health care facility, the determination 
        must be made by an attending physician after consultation with 
        the appointed individual. 
           If a person appointed under clause (1) or (2) is not 
        reasonably available and the principal is receiving care under 
        the direction of an attending physician in a health care 
        facility, an attending physician shall determine the principal's 
        decision-making capacity. 
           (c) A health care directive may authorize a health care 
        agent to make health care decisions for a principal even though 
        the principal retains decision-making capacity. 
           Sec. 17.  Minnesota Statutes 1996, section 145C.06, is 
        amended to read: 
           145C.06 [WHEN EFFECTIVE.] 
           (a) Except as provided in paragraph (b), a durable power of 
        attorney for A health care directive is effective for a health 
        care decision when: 
           (1) it has been executed in accordance with meets the 
        requirements of section 145C.03, subdivision 1; and 
           (2) the principal is unable, in the determination of the 
        attending physician of the principal, to make or communicate 
        that health care decision and the agent consents to make or 
        communicate the decision lacks decision-making capacity to make 
        the health care decision; or if other conditions for 
        effectiveness otherwise specified by the principal have been met.
           A health care directive is not effective for a health care 
        decision when the principal, in the determination of the 
        attending physician of the principal, recovers decision-making 
        capacity; or if other conditions for effectiveness otherwise 
        specified by the principal have been met. 
           (b) If the principal states in the durable power of 
        attorney that the principal does not have an attending physician 
        because the principal in good faith generally selects and 
        depends upon spiritual means or prayer for the treatment or care 
        of disease or remedial care, the principal may designate an 
        individual in the durable power of attorney for health care who 
        may certify in a writing acknowledged before a notary public 
        that the principal is unable to make or communicate a health 
        care decision.  The requirements of section 145C.03, 
        subdivisions 2 and 3, relating to the eligibility of a health 
        care provider attending the principal or the provider's employee 
        to act as an agent or witness apply to an individual designated 
        under this paragraph. 
           Sec. 18.  Minnesota Statutes 1996, section 145C.07, is 
        amended to read: 
           145C.07 [AUTHORITY AND DUTIES OF HEALTH CARE AGENT.] 
           Subdivision 1.  [AUTHORITY.] The health care agent has 
        authority to make any particular health care decision only if 
        the principal is unable lacks decision-making capacity, in the 
        determination of the attending physician, to make or communicate 
        that health care decision; or if other conditions for 
        effectiveness otherwise specified by the principal have been 
        met.  The agent does not have authority to consent to a 
        voluntary commitment under chapter 253B.  The physician or other 
        health care provider shall continue to obtain the principal's 
        informed consent to all health care decisions for which the 
        principal is capable of informed consent has decision-making 
        capacity, unless other conditions for effectiveness otherwise 
        specified by the principal have been met.  An alternate health 
        care agent has authority to act if the primary health care agent 
        is not reasonably available to act. 
           Subd. 2.  [HEALTH CARE AGENT AS GUARDIAN.] Except as 
        otherwise provided in the durable power of attorney for health 
        care Unless the principal has otherwise specified in the health 
        care directive, the appointment of the health care agent in a 
        durable power of attorney for health care directive is 
        considered a nomination of a guardian or conservator of the 
        person for purposes of section 525.544. 
           Subd. 3.  [DUTIES.] In exercising the authority under the 
        durable power of attorney for a health care directive, the a 
        health care agent has a duty to act in accordance with the 
        desires of the principal as expressed in the durable power of 
        attorney for health care, as expressed in a living will under 
        chapter 145B or in a declaration regarding intrusive mental 
        health treatment under section 253B.03, subdivision 6d, or as 
        otherwise made known by the principal to the agent at any time.  
        If the principal's desires are not known or cannot be determined 
        from information known to the agent, the agent has a duty to act 
        in the best interests of the principal taking into account the 
        principal's overall medical condition and prognosis good faith.  
        An A health care agent or any alternative alternate health care 
        agent has a personal obligation to the principal to make health 
        care decisions authorized by the durable health care power of 
        attorney for health care, but this obligation does not 
        constitute a legal duty to act. 
           Subd. 4.  [INCONSISTENCIES AMONG DOCUMENTS.] In the event 
        of inconsistency between the designation appointment of a proxy 
        under chapter 145B or section 253B.03, subdivision 6d, or of an 
        a health care agent under this chapter, the most 
        recent designation appointment takes precedence.  In the event 
        of other inconsistencies among documents executed under this 
        chapter, under chapter 145B, or under section 253B.03, 
        subdivision 6d, or 525.544, or other legally sufficient 
        documents, the provisions of the most recently executed document 
        take precedence only to the extent of the inconsistency. 
           Sec. 19.  Minnesota Statutes 1996, section 145C.08, is 
        amended to read: 
           145C.08 [AUTHORITY TO REVIEW MEDICAL RECORDS.] 
           An A health care agent acting pursuant to a durable power 
        of attorney for health care directive has the same right as the 
        principal to receive, review, and obtain copies of medical 
        records of the principal, and to consent to the disclosure of 
        medical records of the principal, unless the durable power of 
        attorney for health care expressly provides otherwise principal 
        has otherwise specified in the health care directive. 
           Sec. 20.  Minnesota Statutes 1996, section 145C.09, is 
        amended to read: 
           145C.09 [REVOCATION OF DURABLE POWER OF ATTORNEY HEALTH 
        CARE DIRECTIVE.] 
           Subdivision 1.  [REVOCATION.] The A principal with the 
        capacity to do so may revoke a durable power of attorney for 
        health care directive in whole or in part at any time by doing 
        any of the following: 
           (1) canceling, defacing, obliterating, burning, tearing, or 
        otherwise destroying the durable power of attorney for health 
        care directive instrument or directing another in the presence 
        of the principal to destroy the durable power of attorney for 
        health care directive instrument, with the intent to revoke the 
        health care directive in whole or in part; 
           (2) executing a statement, in writing and dated, expressing 
        the principal's intent to revoke the durable power of attorney 
        for health care directive in whole or in part; 
           (3) verbally expressing the principal's intent to revoke 
        the durable power of attorney for health care directive in whole 
        or in part in the presence of two witnesses who do not have to 
        be present at the same time; or 
           (4) executing a subsequent durable power of attorney for 
        health care instrument directive, to the extent the subsequent 
        instrument is inconsistent with any prior instrument. 
           Subd. 2.  [EFFECT OF DISSOLUTION OR ANNULMENT OF MARRIAGE 
        OR TERMINATION OF DOMESTIC PARTNERSHIP ON APPOINTMENT OF HEALTH 
        CARE AGENT.] Unless the durable power of attorney for health 
        care expressly provides otherwise principal has otherwise 
        specified in the health care directive, the appointment by the 
        principal of the principal's spouse or registered domestic 
        partner as health care agent under a durable health care power 
        of attorney for health care is revoked by the commencement of 
        proceedings for dissolution, annulment, or termination of the 
        principal's marriage or commencement of proceedings for 
        termination of the principal's registered domestic partnership. 
           Sec. 21.  Minnesota Statutes 1996, section 145C.10, is 
        amended to read: 
           145C.10 [PRESUMPTIONS.] 
           (a) The principal is presumed to have the capacity to 
        appoint an agent to make execute a health care decisions 
        directive and to revoke a durable power of attorney for health 
        care directive, absent clear and convincing evidence to the 
        contrary. 
           (b) A health care provider or health care agent may presume 
        that a durable power of attorney for health care directive is 
        valid legally sufficient absent actual knowledge to the contrary.
        A health care directive is presumed to be properly executed, 
        absent clear and convincing evidence to the contrary. 
           It is presumed that an (c) A health care agent, and a 
        health care provider acting pursuant to the direction of an a 
        health care agent, are presumed to be acting in good faith and 
        in the best interests of the principal, absent clear and 
        convincing evidence to the contrary. 
           (d) A health care directive is presumed to remain in effect 
        until the principal modifies or revokes it, absent clear and 
        convincing evidence to the contrary. 
           (e) This chapter does not create a presumption concerning 
        the intention of an individual who has not executed a durable 
        power of attorney for health care directive and, except as 
        otherwise provided by section 145C.15, does not impair or 
        supersede any right or responsibility of an individual to 
        consent, refuse to consent, or withdraw consent to health care 
        on behalf of another in the absence of a durable power of 
        attorney for health care directive. 
           (f) A copy of a health care directive is presumed to be a 
        true and accurate copy of the executed original, absent clear 
        and convincing evidence to the contrary, and must be given the 
        same effect as an original. 
           (g) When a patient lacks decision-making capacity and is 
        pregnant, and in reasonable medical judgment there is a real 
        possibility that if health care to sustain her life and the life 
        of the fetus is provided the fetus could survive to the point of 
        live birth, the health care provider shall presume that the 
        patient would have wanted such health care to be provided, even 
        if the withholding or withdrawal of such health care would be 
        authorized were she not pregnant.  This presumption is negated 
        by health care directive provisions described in section 
        145C.05, subdivision 2, paragraph (a), clause (10), that are to 
        the contrary, or, in the absence of such provisions, by clear 
        and convincing evidence that the patient's wishes, while 
        competent, were to the contrary. 
           For purposes of this chapter, acting in good faith means 
        acting consistently with the desires of the principal as 
        expressed in the durable power of attorney for health care, as 
        expressed in a living will under chapter 145B or in a 
        declaration regarding intrusive mental health treatment under 
        section 253B.03, subdivision 6d, or otherwise made known by the 
        principal to the agent.  If the principal's desires are not 
        known or cannot be determined from information known to the 
        agent, acting in good faith means acting in the best interests 
        of the principal, taking into account the principal's overall 
        medical condition and prognosis. 
           Sec. 22.  Minnesota Statutes 1996, section 145C.11, is 
        amended to read: 
           145C.11 [IMMUNITIES.] 
           Subdivision 1.  [HEALTH CARE AGENT.] An A health care agent 
        is not subject to criminal prosecution or civil liability for 
        any health care decision made in good faith pursuant to a 
        durable power of attorney for health care, unless the agent has 
        actual knowledge of the revocation of the durable power of 
        attorney for health care if the health care agent acts in good 
        faith. 
           Subd. 2.  [HEALTH CARE PROVIDER.] (a) With respect to 
        health care provided to a patient with a health care directive, 
        a health care provider is not subject to criminal prosecution, 
        civil liability, or professional disciplinary action if the 
        health care provider acts in good faith and in accordance with 
        applicable standards of care. 
           (b) A health care provider is not subject to criminal 
        prosecution, civil liability, or professional disciplinary 
        action if the health care provider relies on a health care 
        decision made by the health care agent and the following 
        requirements are satisfied: 
           (1) the health care provider believes in good faith that 
        the decision was made by an a health care agent authorized 
        appointed to make the decision and has no actual knowledge that 
        the durable power of attorney for health care directive has been 
        revoked; and 
           (2) the health care provider believes in good faith that 
        the decision is consistent with the desires of the principal as 
        expressed in the durable power of attorney for health care or 
        otherwise made known by the principal to the health care agent 
        is acting in good faith. 
           (b) (c) A health care provider who administers health care 
        necessary to keep the principal alive, despite a health care 
        decision of the health care agent to withhold or withdraw that 
        treatment, is not subject to criminal prosecution, civil 
        liability, or professional disciplinary action if that health 
        care provider promptly took all reasonable steps to: 
           (1) notify the health care agent of the health care 
        provider's unwillingness to comply; 
           (2) document the notification in the principal's medical 
        record; and 
           (3) permit the health care agent to arrange to transfer 
        care of the principal to another health care provider willing to 
        comply with the decision of the health care agent. 
           Sec. 23.  Minnesota Statutes 1996, section 145C.12, is 
        amended to read: 
           145C.12 [PROHIBITED PRACTICES.] 
           Subdivision 1.  [HEALTH CARE PROVIDER.] A health care 
        provider, health care service plan, insurer, self-insured 
        employee welfare benefit plan, or nonprofit hospital plan may 
        not condition admission to a facility, or the providing of 
        treatment or insurance, on the requirement that an individual 
        execute a durable power of attorney for health care directive. 
           Subd. 2.  [INSURANCE.] A policy of life insurance is not 
        legally impaired or invalidated in any manner by the withholding 
        or withdrawing of health care pursuant to the direction of an a 
        health care agent appointed pursuant to this chapter, or 
        pursuant to the implementation of health care instructions under 
        this chapter. 
           Sec. 24.  [145C.16] [SUGGESTED FORM.] 
           The following is a suggested form of a health care 
        directive and is not a required form. 
                            HEALTH CARE DIRECTIVE 
           I, ..........................., understand this document 
        allows me to do ONE OR BOTH of the following: 
           PART I:  Name another person (called the health care agent) 
        to make health care decisions for me if I am unable to decide or 
        speak for myself.  My health care agent must make health care 
        decisions for me based on the instructions I provide in this 
        document (Part II), if any, the wishes I have made known to him 
        or her, or must act in my best interest if I have not made my 
        health care wishes known. 
           AND/OR 
           PART II:  Give health care instructions to guide others 
        making health care decisions for me.  If I have named a health 
        care agent, these instructions are to be used by the agent.  
        These instructions may also be used by my health care providers, 
        others assisting with my health care and my family, in the event 
        I cannot make decisions for myself. 
                  PART I:  APPOINTMENT OF HEALTH CARE AGENT 
               THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS
             FOR ME IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
           (I know I can change my agent or alternate agent at any 
           time and I know I do not have to appoint an agent or an 
           alternate agent) 
        NOTE:  If you appoint an agent, you should discuss this health 
        care directive with your agent and give your agent a copy.  If 
        you do not wish to appoint an agent, you may leave Part I blank 
        and go to Part II. 
           When I am unable to decide or speak for myself, I trust and 
        appoint .......................... to make health care decisions 
        for me.  This person is called my health care agent. 
           Relationship of my health care agent to me:  ......... 
        ............................................................... 
           Telephone number of my health care agent:  ........... 
        ............................................................... 
           Address of my health care agent:  .................... 
        .............................................................. 
           (OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT:  If 
        my health care agent is not reasonably available, I trust and 
        appoint .................... to be my health care agent instead. 
           Relationship of my alternate health care agent to me:  
        ............................................................... 
           Telephone number of my alternate health care agent:  
        ............................................................... 
           Address of my alternate health care agent:  ......... 
        ............................................................... 
            THIS IS WHAT I WANT MY HEALTH CARE AGENT TO BE ABLE TO
               DO IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
                     (I know I can change these choices)
           My health care agent is automatically given the powers 
        listed below in (A) through (D).  My health care agent must 
        follow my health care instructions in this document or any other 
        instructions I have given to my agent.  If I have not given 
        health care instructions, then my agent must act in my best 
        interest. 
           Whenever I am unable to decide or speak for myself, my 
        health care agent has the power to: 
           (A) Make any health care decision for me.  This includes 
        the power to give, refuse, or withdraw consent to any care, 
        treatment, service, or procedures.  This includes deciding 
        whether to stop or not start health care that is keeping me or 
        might keep me alive, and deciding about intrusive mental health 
        treatment. 
           (B) Choose my health care providers. 
           (C) Choose where I live and receive care and support when 
        those choices relate to my health care needs. 
           (D) Review my medical records and have the same rights that 
        I would have to give my medical records to other people. 
           If I DO NOT want my health care agent to have a power 
        listed above in (A) through (D) OR if I want to LIMIT any power 
        in (A) through (D), I MUST say that here: 
        ..............................................................
        ............................................................... 
        ...............................................................
           My health care agent is NOT automatically given the powers 
        listed below in (1) and (2).  If I WANT my agent to have any of 
        the powers in (1) and (2), I must INITIAL the line in front of 
        the power; then my agent WILL HAVE that power. 
           ...  (1)  To decide whether to donate my organs when I die.
           ...  (2)  To decide what will happen with my body when I die
                     (burial, cremation).
           If I want to say anything more about my health care agent's 
        powers or limits on the powers, I can say it here: 
        .................................................................
        .................................................................
        .................................................................
                      PART II: HEALTH CARE INSTRUCTIONS 
        NOTE:  Complete this Part II if you wish to give health care 
        instructions.  If you appointed an agent in Part I, completing 
        this Part II is optional but would be very helpful to your 
        agent.  However, if you chose not to appoint an agent in Part I, 
        you MUST complete some or all of this Part II if you wish to 
        make a valid health care directive. 
           These are instructions for my health care when I am unable 
        to decide or speak for myself.  These instructions must be 
        followed (so long as they address my needs). 
             THESE ARE MY BELIEFS AND VALUES ABOUT MY HEALTH CARE 
           (I know I can change these choices or leave any of them 
           blank) 
           I want you to know these things about me to help you make 
        decisions about my health care: 
           My goals for my health care:  ..............................
        .................................................................
        .................................................................
           My fears about my health care:  ............................
        .................................................................
        .................................................................
           My spiritual or religious beliefs and traditions:  .........
        .................................................................
        .................................................................
           My beliefs about when life would be no longer worth 
        living:  ........................................................
        .................................................................
        .................................................................
           My thoughts about how my medical condition might affect my 
        family:  ........................................................
        .................................................................
        .................................................................
            THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE
           (I know I can change these choices or leave any of them 
           blank) 
           Many medical treatments may be used to try to improve my 
        medical condition or to prolong my life.  Examples include 
        artificial breathing by a machine connected to a tube in the 
        lungs, artificial feeding or fluids through tubes, attempts to 
        start a stopped heart, surgeries, dialysis, antibiotics, and 
        blood transfusions.  Most medical treatments can be tried for a 
        while and then stopped if they do not help. 
           I have these views about my health care in these situations:
           (Note:  You can discuss general feelings, specific 
        treatments, or leave any of them blank) 
           If I had a reasonable chance of recovery, and were 
        temporarily unable to decide or speak for myself, I would want:  
        .................................................................
        .................................................................
        .................................................................
           If I were dying and unable to decide or speak for myself, I 
        would want:  ....................................................
        .................................................................
        .................................................................
           If I were permanently unconscious and unable to decide or 
        speak for myself, I would want:  ................................
        .................................................................
        .................................................................
           If I were completely dependent on others for my care and 
        unable to decide or speak for myself, I would want:  ............
        .................................................................
        .................................................................
           In all circumstances, my doctors will try to keep me 
        comfortable and reduce my pain.  This is how I feel about pain 
        relief if it would affect my alertness or if it could shorten my 
        life:  ..........................................................
        .................................................................
        .................................................................
           There are other things that I want or do not want for my 
        health care, if possible: 
           Who I would like to be my doctor:  .........................
        .................................................................
        .................................................................
           Where I would like to live to receive health care:  
        .................................................................
        .................................................................
        .................................................................
           Where I would like to die and other wishes I have about 
        dying:  .........................................................
        .................................................................
        .................................................................
           My wishes about donating parts of my body when I die:  .....
        .................................................................
        .................................................................
           My wishes about what happens to my body when I die 
        (cremation, burial):  ...........................................
        .................................................................
        .................................................................
           Any other things:  .........................................
        .................................................................
        .................................................................
                     PART III:  MAKING THE DOCUMENT LEGAL
           This document must be signed by me.  It also must either be 
        verified by a notary public (Option 1) OR witnessed by two 
        witnesses (Option 2).  It must be dated when it is verified or 
        witnessed. 
           I am thinking clearly, I agree with everything that is 
        written in this document, and I have made this document 
        willingly. 
        ..........................................
        My Signature
             Date signed:    .....................
             Date of birth:  .....................
             Address:        ...................................
                             ...................................
        If I cannot sign my name, I can ask someone to sign this 
        document for me. 
        ..........................................
        Signature of the person who I asked to sign this document for me.
        ..........................................
        Printed name of the person who I asked to sign this document for 
        me. 
                           Option 1:  Notary Public
           In my presence on .................... (date), 
        ....................... (name) acknowledged his/her signature on 
        this document or acknowledged that he/she authorized the person 
        signing this document to sign on his/her behalf.  I am not named 
        as a health care agent or alternate health care agent in this 
        document. 
        .............................. 
        (Signature of Notary)                         (Notary Stamp)
                           Option 2:  Two Witnesses
           Two witnesses must sign.  Only one of the two witnesses can 
        be a health care provider or an employee of a health care 
        provider giving direct care to me on the day I sign this 
        document. 
        Witness One: 
           (i) In my presence on ............... (date), 
        ............... (name) acknowledged his/her signature on this 
        document or acknowledged that he/she authorized the person 
        signing this document to sign on his/her behalf. 
           (ii) I am at least 18 years of age. 
           (iii) I am not named as a health care agent or an alternate 
        health care agent in this document. 
           (iv) If I am a health care provider or an employee of a 
        health care provider giving direct care to the person listed 
        above in (A), I must initial this box:  [ ] 
           I certify that the information in (i) through (iv) is true 
        and correct. 
        ......................................
        (Signature of Witness One)
        Address:  ..........................................
                  ..........................................
        Witness Two: 
           (i) In my presence on .............. (date), 
        ................. (name) acknowledged his/her signature on this 
        document or acknowledged that he/she authorized the person 
        signing this document to sign on his/her behalf. 
           (ii) I am at least 18 years of age. 
           (iii) I am not named as a health care agent or an alternate 
        health care agent in this document. 
           (iv) If I am a health care provider or an employee of a 
        health care provider giving direct care to the person listed 
        above in (A), I must initial this box:  [ ] 
           I certify that the information in (i) through (iv) is true 
        and correct. 
        ....................................
        (Signature of Witness Two)
        Address:  .........................................
                  .........................................
        REMINDER:  Keep this document with your personal papers in a 
        safe place (not in a safe deposit box).  Give signed copies to 
        your doctors, family, close friends, health care agent, and 
        alternate health care agent.  Make sure your doctor is willing 
        to follow your wishes.  This document should be part of your 
        medical record at your physician's office and at the hospital, 
        home care agency, hospice, or nursing facility where you receive 
        your care. 
           Sec. 25.  Minnesota Statutes 1996, section 145C.13, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [GROSS MISDEMEANOR OFFENSES.] Whoever 
        commits any of the following acts is guilty of a gross 
        misdemeanor: 
           (1) willfully conceals, cancels, defaces, or obliterates a 
        durable power of attorney for health care directive of a 
        principal without the consent of the principal; 
           (2) willfully conceals or withholds personal knowledge of a 
        revocation of a durable power of attorney for health care 
        directive; 
           (3) falsifies or forges a durable power of attorney for 
        health care directive or a revocation of the instrument; 
           (4) coerces or fraudulently induces another to execute a 
        durable power of attorney for health care directive; or 
           (5) requires or prohibits the execution of a durable power 
        of attorney for health care directive as a condition for being 
        insured for or receiving all or some health care services. 
           Sec. 26.  Minnesota Statutes 1996, section 145C.15, is 
        amended to read: 
           145C.15 [DUTIES OF HEALTH CARE PROVIDERS TO PROVIDE 
        LIFE-SUSTAINING HEALTH CARE.] 
           (a) If a proxy acting under chapter 145B or an a health 
        care agent acting under this chapter directs the provision of 
        health care, nutrition, or hydration that, in reasonable medical 
        judgment, has a significant possibility of sustaining the life 
        of the principal or declarant, a health care provider shall take 
        all reasonable steps to ensure the provision of the directed 
        health care, nutrition, or hydration if the provider has the 
        legal and actual capability of providing the health care either 
        itself or by transferring the principal or declarant to a health 
        care provider who has that capability.  Any transfer of a 
        principal or declarant under this paragraph must be done 
        promptly and, if necessary to preserve the life of the principal 
        or declarant, by emergency means.  This paragraph does not apply 
        if a living will under chapter 145B or a durable power of 
        attorney for health care directive indicates an intention to the 
        contrary. 
           (b) A health care provider who is unwilling to provide 
        directed health care under paragraph (a) that the provider has 
        the legal and actual capability of providing may transfer the 
        principal or declarant to another health care provider willing 
        to provide the directed health care but the provider shall take 
        all reasonable steps to ensure provision of the directed health 
        care until the principal or declarant is transferred. 
           (c) Nothing in this section alters any legal obligation or 
        lack of legal obligation of a health care provider to provide 
        health care to a principal or declarant who refuses, has 
        refused, or is unable to pay for the health care. 
           Sec. 27.  Minnesota Statutes 1997 Supplement, section 
        149A.80, subdivision 2, is amended to read: 
           Subd. 2.  [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF 
        DISPOSITION.] The right to control the disposition of the 
        remains of a deceased person, including the location and 
        conditions of final disposition, unless other directions have 
        been given by the decedent pursuant to subdivision 1, vests in, 
        and the duty of final disposition of the body devolves upon, the 
        following in the order named: 
           (1) the person designated appointed in a dated written 
        instrument signed by the decedent.  Written instrument includes, 
        but is not limited to, a health care directive executed under 
        chapter 145C.  Written instrument does not include a durable or 
        nondurable power of attorney which terminates on the death of 
        the principal pursuant to sections 523.08 and 523.09; 
           (2) the surviving, legally recognized spouse; 
           (3) the surviving biological or adopted child or children 
        of the decedent over the age of majority, provided that, in the 
        absence of actual knowledge to the contrary, a funeral director 
        or mortician may rely on instructions given by the child or 
        children who represent that they are the sole surviving child, 
        or that they constitute a majority of the surviving children; 
           (4) the surviving parent or parents of the decedent; 
           (5) the surviving biological or adopted sibling or siblings 
        of the decedent over the age of majority, provided that, in the 
        absence of actual knowledge to the contrary, a funeral director 
        or mortician may rely on instructions given by the sibling or 
        siblings who represent that they are the sole surviving sibling, 
        or that they constitute a majority of the surviving siblings; 
           (6) the person or persons respectively in the next degree 
        of kinship in the order named by law to inherit the estate of 
        the decedent; and 
           (7) the appropriate public or court authority, as required 
        by law. 
           For purposes of this subdivision, the appropriate public or 
        court authority includes the county board of the county in which 
        the death occurred if the person dies without apparent financial 
        means to provide for final disposition or the district court in 
        the county in which the death occurred. 
           Sec. 28.  Minnesota Statutes 1997 Supplement, section 
        253B.04, subdivision 1a, is amended to read: 
           Subd. 1a.  [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 
        WITH MENTAL ILLNESS.] (a) A person with a mental illness may 
        seek or voluntarily agree to accept treatment or admission to a 
        facility.  If the mental health provider determines that the 
        person lacks the capacity to give informed consent for the 
        treatment or admission, and in the absence of a durable power of 
        attorney for health care power of attorney that authorizes 
        consent, the designated agency or its designee may give informed 
        consent for mental health treatment or admission to a treatment 
        facility on behalf of the person. 
           (b) The designated agency shall apply the following 
        criteria in determining the person's ability to give informed 
        consent: 
           (1) whether the person demonstrates an awareness of the 
        person's illness, and the reasons for treatment, its risks, 
        benefits and alternatives, and the possible consequences of 
        refusing treatment; and 
           (2) whether the person communicates verbally or nonverbally 
        a clear choice concerning treatment that is a reasoned one, not 
        based on delusion, even though it may not be in the person's 
        best interests. 
           (c) The basis for the designated agency's decision that the 
        person lacks the capacity to give informed consent for treatment 
        or admission, and that the patient has voluntarily accepted 
        treatment or admission, must be documented in writing. 
           (d) A mental health provider that provides treatment in 
        reliance on the written consent given by the designated agency 
        under this subdivision is not civilly or criminally liable for 
        performing treatment without consent.  This paragraph does not 
        affect any other liability that may result from the manner in 
        which the treatment is performed. 
           (e) A person who receives treatment or is admitted to a 
        facility under this subdivision has the right to refuse 
        treatment at any time or to be released from a facility as 
        provided under subdivision 2.  The person or any interested 
        person acting on the person's behalf may seek court review 
        within five days for a determination of whether the person's 
        agreement to accept treatment or admission is voluntary.  At the 
        time a person agrees to treatment or admission to a facility 
        under this subdivision, the designated agency or its designee 
        shall inform the person in writing of the person's rights under 
        this paragraph. 
           (f) This subdivision does not authorize the administration 
        of neuroleptic medications.  Neuroleptic medications may be 
        administered only as provided in section 253B.092. 
           Sec. 29.  Minnesota Statutes 1997 Supplement, section 
        253B.07, subdivision 1, is amended to read: 
           Subdivision 1.  [PREPETITION SCREENING.] (a) Prior to 
        filing a petition for commitment of or early intervention for a 
        proposed patient, an interested person shall apply to the 
        designated agency in the county of the proposed patient's 
        residence or presence for conduct of a preliminary 
        investigation, except when the proposed patient has been 
        acquitted of a crime under section 611.026 and the county 
        attorney is required to file a petition for commitment.  The 
        designated agency shall appoint a screening team to conduct an 
        investigation which shall include:  
           (i) a personal interview with the proposed patient and 
        other individuals who appear to have knowledge of the condition 
        of the proposed patient.  If the proposed patient is not 
        interviewed, reasons must be documented; 
           (ii) identification and investigation of specific alleged 
        conduct which is the basis for application; 
           (iii) identification, exploration, and listing of the 
        reasons for rejecting or recommending alternatives to 
        involuntary placement; and 
           (iv) in the case of a commitment based on mental illness, 
        the following information, if it is known or available:  
        information that may be relevant to the administration of 
        neuroleptic medications, if necessary, including the existence 
        of a declaration under section 253B.03, subdivision 6d, or a 
        durable power of attorney for health care directive under 
        chapter 145C or a guardian, conservator, proxy, 
        or attorney-in-fact agent with authority to make health care 
        decisions for the proposed patient; information regarding the 
        capacity of the proposed patient to make decisions regarding 
        administration of neuroleptic medication; and whether the 
        proposed patient is likely to consent or refuse consent to 
        administration of the medication.  
           (b) In conducting the investigation required by this 
        subdivision, the screening team shall have access to all 
        relevant medical records of proposed patients currently in 
        treatment facilities.  Data collected pursuant to this clause 
        shall be considered private data on individuals.  The 
        prepetition screening report is not admissible in any court 
        proceedings unrelated to the commitment proceedings. 
           (c) When the prepetition screening team recommends 
        commitment, a written report shall be sent to the county 
        attorney for the county in which the petition is to be filed. 
           (d) The prepetition screening team shall refuse to support 
        a petition if the investigation does not disclose evidence 
        sufficient to support commitment.  Notice of the prepetition 
        screening team's decision shall be provided to the prospective 
        petitioner.  
           (e) If the interested person wishes to proceed with a 
        petition contrary to the recommendation of the prepetition 
        screening team, application may be made directly to the county 
        attorney, who may determine whether or not to proceed with the 
        petition.  Notice of the county attorney's determination shall 
        be provided to the interested party.  
           (f) If the proposed patient has been acquitted of a crime 
        under section 611.026, the county attorney shall apply to the 
        designated county agency in the county in which the acquittal 
        took place for a preliminary investigation unless substantially 
        the same information relevant to the proposed patient's current 
        mental condition, as could be obtained by a preliminary 
        investigation, is part of the court record in the criminal 
        proceeding or is contained in the report of a mental examination 
        conducted in connection with the criminal proceeding.  If a 
        court petitions for commitment pursuant to the rules of criminal 
        or juvenile procedure or a county attorney petitions pursuant to 
        acquittal of a criminal charge under section 611.026, the 
        prepetition investigation, if required by this section, shall be 
        completed within seven days after the filing of the petition.  
           Sec. 30.  Minnesota Statutes 1997 Supplement, section 
        253B.092, subdivision 2, is amended to read: 
           Subd. 2.  [ADMINISTRATION WITHOUT JUDICIAL REVIEW.] 
        Neuroleptic medications may be administered without judicial 
        review in the following circumstances: 
           (1) the patient has the capacity to make an informed 
        decision under subdivision 4; 
           (2) the patient does not have the present capacity to 
        consent to the administration of neuroleptic medication, but 
        prepared a durable power of attorney for health care directive 
        under chapter 145C or a declaration under section 253B.03, 
        subdivision 6d, requesting treatment or authorizing an agent or 
        proxy to request treatment, and the agent or proxy has requested 
        the treatment; 
           (3) a substitute decision-maker appointed by the court 
        consents to the administration of the neuroleptic medication and 
        the patient does not refuse administration of the medication; or 
           (4) the substitute decision-maker does not consent or the 
        patient is refusing medication, and the patient is in an 
        emergency situation. 
           Sec. 31.  Minnesota Statutes 1997 Supplement, section 
        253B.092, subdivision 6, is amended to read: 
           Subd. 6.  [PATIENTS WITHOUT CAPACITY TO MAKE INFORMED 
        DECISION; SUBSTITUTE DECISION-MAKER.] (a) Upon request of any 
        person, and upon a showing that administration of neuroleptic 
        medications may be recommended and that the person may lack 
        capacity to make decisions regarding the administration of 
        neuroleptic medication, the court shall appoint a substitute 
        decision-maker with authority to consent to the administration 
        of neuroleptic medication as provided in this section.  The 
        substitute decision-maker must be an individual or a community 
        or institutional multidisciplinary panel designated by the local 
        mental health authority.  In appointing a substitute 
        decision-maker, the court shall give preference to a guardian or 
        conservator, proxy, or attorney-in-fact health care agent with 
        authority to make health care decisions for the patient.  The 
        court may provide for the payment of a reasonable fee to the 
        substitute decision-maker for services under this section or may 
        appoint a volunteer. 
           (b) If the person's treating physician recommends treatment 
        with neuroleptic medication, the substitute decision-maker may 
        give or withhold consent to the administration of the 
        medication, based on the standards under subdivision 7.  If the 
        substitute decision-maker gives informed consent to the 
        treatment and the person does not refuse, the substitute 
        decision-maker shall provide written consent to the treating 
        physician and the medication may be administered.  The 
        substitute decision-maker shall also notify the court that 
        consent has been given.  If the substitute decision-maker 
        refuses or withdraws consent or the person refuses the 
        medication, neuroleptic medication may not be administered to 
        the person without a court order or in an emergency. 
           (c) A substitute decision-maker appointed under this 
        section has access to the pertinent sections of the patient's 
        health records on the past or present administration of 
        medication.  The designated agency or a person involved in the 
        patient's physical or mental health care may disclose 
        information to the substitute decision-maker for the sole 
        purpose of performing the responsibilities under this section. 
           (d) At a hearing under section 253B.08, the petitioner has 
        the burden of proving incapacity by a preponderance of the 
        evidence.  If a substitute decision-maker has been appointed by 
        the court, the court shall make findings regarding the patient's 
        capacity to make decisions regarding the administration of 
        neuroleptic medications and affirm or reverse its appointment of 
        a substitute decision-maker.  If the court affirms the 
        appointment of the substitute decision-maker, and if the 
        substitute decision-maker has consented to the administration of 
        the medication and the patient has not refused, the court shall 
        make findings that the substitute decision-maker has consented 
        and the treatment is authorized.  If a substitute decision-maker 
        has not yet been appointed, upon request the court shall make 
        findings regarding the patient's capacity and appoint a 
        substitute decision-maker if appropriate. 
           (e) If an order for civil commitment or early intervention 
        did not provide for the appointment of a substitute 
        decision-maker or for the administration of neuroleptic 
        medication, the treatment facility may later request the 
        appointment of a substitute decision-maker upon a showing that 
        administration of neuroleptic medications is recommended and 
        that the person lacks capacity to make decisions regarding the 
        administration of neuroleptic medications.  A hearing is not 
        required in order to administer the neuroleptic medication 
        unless requested under subdivision 10 or if the substitute 
        decision-maker withholds or refuses consent or the person 
        refuses the medication. 
           (f) The substitute decision-maker's authority to consent to 
        treatment lasts for the duration of the court's order of 
        appointment or until modified by the court. 
           If the substitute decision-maker withdraws consent or the 
        patient refuses consent, neuroleptic medication may not be 
        administered without a court order. 
           (g) If there is no hearing after the preliminary hearing, 
        then the court shall, upon the request of any interested party, 
        review the reasonableness of the substitute decision-maker's 
        decision based on the standards under subdivision 7.  The court 
        shall enter an order upholding or reversing the decision within 
        seven days. 
           Sec. 32.  Minnesota Statutes 1996, section 525.55, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [TIME OF NOTICE; TO WHOM GIVEN.] In all 
        cases, upon the filing of the petition the court shall fix the 
        time and place for the hearing and shall order that notice be 
        given of the hearing.  At least 14 days prior to the hearing, 
        personal service of the notice shall be made upon the proposed 
        ward or conservatee.  Notice by mail postmarked at least 14 days 
        before the hearing shall also be served on: 
           (1) the spouse, parents, adult children, brothers and 
        sisters,; 
           (2) a health care agent or proxy appointed pursuant to a 
        health care directive as defined in section 145C.01, a living 
        will under chapter 145B, or other similar document executed in 
        another state and enforceable under the laws of this state; and, 
           (3) if none of those in clause (1) or (2) are alive or can 
        be located, on the nearest kindred as determined by the court, 
        and on any other persons the court may direct, by mail 
        postmarked at least 14 days prior to the hearing. 
           If the person is a patient or, resident, or client of any 
        hospital, nursing home, home care agency, or other institution, 
        notice by mail shall also be given to the administrative head of 
        the institution.  If the person is a nonresident or if after 
        diligent search cannot be found in this state, notice shall be 
        given in the manner and to those persons as the court may 
        determine. 
           Sec. 33.  Minnesota Statutes 1996, section 525.55, 
        subdivision 2, is amended to read: 
           Subd. 2.  [FORM; SERVICE.] The notice shall be written in 
        language which can be easily understood.  Included with the 
        notice shall be a copy of the petition.  The notice shall 
        contain information regarding the nature, purpose and legal 
        effects of the guardianship or conservatorship proceedings on 
        the proposed ward or conservatee.  The notice shall state that 
        the person may be adjudged incapable of self care for person or 
        property, and by reason thereof, a guardian or conservator may 
        be appointed, and that the adjudication may transfer to the 
        appointed guardian or conservator certain rights, including the 
        right to manage and control property, to enter into contracts 
        and to determine residence.  The notice shall further contain 
        information regarding the rights of the proposed ward or 
        conservatee in the proceeding, including the right to attend the 
        hearing, to be represented by an attorney, to oppose the 
        proceeding, and to present evidence.  The notice shall state 
        that if the proposed ward or conservatee wishes to exercise the 
        right to be represented by an attorney, that person must either 
        obtain counsel of choice, or ask the court to appoint an 
        attorney to represent that person, and that the county shall pay 
        a reasonable attorney's fee if that person is indigent.  The 
        procedure for requesting a court appointed attorney shall be 
        described in the notice.  If the proposed ward or conservatee is 
        a patient, resident, or client of any hospital, nursing home, 
        home care agency, or other institution, the notice must further 
        require the institution to advise the court of the existence, if 
        known, of a health care directive, as defined in section 
        145C.01, executed by the proposed ward or conservatee, a living 
        will executed under chapter 145B, or any other similar document 
        executed in another state and enforceable under the laws of this 
        state. 
           The process server shall inquire whether the proposed ward 
        or conservatee desires the notice and petition to be read to 
        that person, and shall read the notice and petition if requested 
        to do so.  In place of a process server, the court may appoint a 
        visitor to deliver the notice and petition and explain them to 
        the proposed ward or conservatee.  
           Sec. 34.  Minnesota Statutes 1996, section 525.551, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ATTENDANCE AT HEARING.] If the proposed 
        ward or conservatee is within the state, that person shall be 
        present at the hearing unless in a meeting with a visitor that 
        person specifically waives the right to appear in person or is 
        not able to attend by reason of medical condition as evidenced 
        by a written statement from a licensed physician.  The written 
        statement shall be evidence only of the proposed ward's or 
        conservatee's medical inability to attend the hearing, and shall 
        not be considered in determining the issue of incapacity.  The 
        written statement must also inform the court of the physician's 
        knowledge, if any, of the existence of a health care directive, 
        as defined in section 145C.01, executed by the proposed ward or 
        conservatee, a living will executed under chapter 145B, or any 
        other similar document executed in another state and enforceable 
        under the laws of this state.  In any instance in which a 
        proposed ward or conservatee is absent from the hearing, the 
        court shall specify in its findings of fact the reason for 
        nonattendance. 
           If a visitor delivered the notice and petition pursuant to 
        section 525.55 and the proposed ward or conservatee has waived 
        the right to attend the hearing, the visitor may testify as to 
        the notice and any waiver of the right to appear in person, and 
        as to other matters which may assist the court in determining 
        the need for a guardian or conservator and the extent of the 
        power to be granted.  
           Sec. 35.  Minnesota Statutes 1996, section 525.551, 
        subdivision 5, is amended to read: 
           Subd. 5.  [FINDINGS.] In all cases the court shall make 
        specific written findings of fact, state separately its 
        conclusions of law, and direct the entry of an appropriate 
        judgment or order. 
           If upon completion of the hearing and consideration of the 
        record the court finds:  (a) that the requirements for the 
        voluntary appointment of a conservator or guardian have been 
        met, or (b)(1) that the proposed ward or conservatee is 
        incapacitated as defined in section 525.54; and (2) in need of 
        the supervision and protection of a guardian or conservator; and 
        (3) that no appropriate alternatives to the guardianship or 
        conservatorship exist which are less restrictive of the person's 
        civil rights and liberties, such as those set forth in section 
        525.54, subdivision 7, it shall enter its order or judgment 
        granting all of the powers set out in section 525.56, 
        subdivision 3, in the case of a guardian of the person, and 
        section 525.56, subdivision 4, in the case of a guardian of the 
        estate, or specifying the powers of the conservator pursuant to 
        section 525.56.  The court shall make a finding that appointment 
        of the person chosen as guardian or conservator is in the best 
        interests of the ward or conservatee.  Except as provided in 
        section 525.544, subdivision 1, if more than one person has 
        petitioned the court to serve as guardian or conservator, or if 
        the petition is contested, the court shall make a finding that 
        the person to be appointed as guardian or conservator is the 
        most suitable and best qualified person among those who are 
        available before making the appointment.  The court's finding as 
        to the best available guardian must specifically address the 
        reasons for the court's determination that the appointment of 
        that person is in the best interests of the ward or 
        conservatee.  The court must also clarify the respective legal 
        authorities of a guardian or conservator appointed under this 
        chapter and any existing health care agent or proxy appointed 
        under a health care directive as defined in section 145C.01, a 
        living will under chapter 145B, or other similar document 
        executed in another state and enforceable under the laws of this 
        state. 
           The court may enumerate in its findings which legal rights 
        the proposed ward or conservatee is incapable of exercising. 
           Sec. 36.  Minnesota Statutes 1996, section 525.9212, is 
        amended to read: 
           525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 
        GIFTS, BY OTHERS.] 
           (a) Any member of the following classes of persons, in the 
        order of priority listed, may make an anatomical gift of all or 
        a part of the decedent's body for an authorized purpose, unless 
        the decedent has made a refusal to make that anatomical gift 
        that is unrevoked at the time of death: 
           (1) the spouse of the decedent; 
           (2) an adult son or daughter of the decedent; 
           (3) either parent of the decedent; 
           (4) an adult brother or sister of the decedent; 
           (5) a grandparent of the decedent; and 
           (6) a guardian or conservator of the person of the decedent 
        at the time of death or a health care agent or proxy appointed 
        by the decedent under a health care directive as defined in 
        section 145C.01, a living will under chapter 145B, or other 
        similar document executed in another state and enforceable under 
        the laws of this state. 
           (b) An anatomical gift may not be made by a person listed 
        in paragraph (a) if: 
           (1) a person in a prior class is available at the time of 
        death to make an anatomical gift; 
           (2) the person proposing to make an anatomical gift knows 
        of a refusal or contrary indications by the decedent; or 
           (3) the person proposing to make an anatomical gift knows 
        of an objection to making an anatomical gift by a member of the 
        person's class or a prior class. 
           (c) An anatomical gift by a person authorized under 
        paragraph (a) must be made by (i) a document of gift signed by 
        the person, or (ii) the person's telegraphic, recorded 
        telephonic, or other recorded message, or other form of 
        communication from the person that is contemporaneously reduced 
        to writing and signed by the recipient. 
           (d) An anatomical gift by a person authorized under 
        paragraph (a) may be revoked by any member of the same or a 
        prior class if, before procedures have begun for the removal of 
        a part from the body of the decedent, the physician, surgeon, 
        technician, or enucleator removing the part knows of the 
        revocation. 
           (e) A failure to make a decision as to an anatomical gift 
        under paragraph (a) is not an objection to the making of an 
        anatomical gift. 
           Sec. 37.  Minnesota Statutes 1996, section 609.215, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ACTS OR OMISSIONS NOT CONSIDERED AIDING SUICIDE 
        OR AIDING ATTEMPTED SUICIDE.] (a) A health care provider, as 
        defined in section 145B.02, subdivision 6, who administers, 
        prescribes, or dispenses medications or procedures to relieve 
        another person's pain or discomfort, even if the medication or 
        procedure may hasten or increase the risk of death, does not 
        violate this section unless the medications or procedures are 
        knowingly administered, prescribed, or dispensed to cause death. 
           (b) A health care provider, as defined in section 145B.02, 
        subdivision 6, who withholds or withdraws a life-sustaining 
        procedure in compliance with chapter 145B or 145C or in 
        accordance with reasonable medical practice does not violate 
        this section. 
           Sec. 38.  [EFFECT OF AMENDMENTS.] 
           A document executed prior to August 1, 1998, that purports 
        to be a living will under Minnesota Statutes, chapter 145B, a 
        durable power of attorney for health care under Minnesota 
        Statutes, chapter 145C, or a declaration regarding intrusive 
        mental health treatment under Minnesota Statutes, section 
        253B.03, subdivision 6a, is valid if the document: 
           (1) complied with the law in effect on the date it was 
        executed; or 
           (2) complies with the requirements of Minnesota Statutes, 
        section 145C.03. 
           If the document complied with the law in effect on the date 
        it was executed but does not also comply with the requirements 
        of Minnesota Statutes, section 145C.03, it shall be given effect 
        in accordance with the laws in effect on the date it was 
        executed, unless the document provides otherwise. 
           Nothing in sections 1 to 38 impairs the evidentiary effect 
        under common law or reasonable medical practice with respect to 
        other written or oral expressions of an individual's desires 
        regarding health care. 
           Sec. 39.  [EFFECTIVE DATE.] 
           Sections 1 to 38 are effective August 1, 1998. 
           Presented to the governor April 10, 1998 
           Signed by the governor April 21, 1998, 10:43 a.m.