1997 Minnesota Statutes

     145C.06 When effective. 

    (a) Except as provided in paragraph (b), a durable power of 
 attorney for health care is effective for a health care decision 
 when: 

    (1) it has been executed in accordance with section 
 145C.03; 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. 

    (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. 

    HIST: 1993 c 312 s 7