1997 Minnesota Statutes

     145C.03 Requirements. 

    Subdivision 1.    Execution.  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. 

    Subd. 2.    Individuals ineligible to act as agent.  The 
 following individuals are not eligible to act as the agent in a 
 durable power of attorney for health care, unless the individual 
 designated is related to the principal by blood, marriage, 
 registered domestic partnership, or adoption: 

    (1) a health care provider attending the principal; or 

    (2) an employee of a health care provider attending the 
 principal.  

    Subd. 3.    Individuals ineligible to act as witnesses.  
 The agent designated in the durable power of attorney for health 
 care may not act as a witness for the execution of the durable 
 power of attorney for health care. 

    At least one witness to the execution of the durable power 
 of attorney for health care 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. 

    HIST: 1993 c 312 s 4