1997 Minnesota Statutes

     145C.10 Presumptions. 

    The principal is presumed to have capacity to appoint an 
 agent to make health care decisions and to revoke a durable 
 power of attorney for health care.  A health care provider or 
 agent may presume that a durable power of attorney for health 
 care is valid absent actual knowledge to the contrary. 

    It is presumed that an agent, and a health care provider 
 acting pursuant to the direction of an agent, are acting in good 
 faith and in the best interests of the principal, absent clear 
 and convincing evidence to the contrary. 

    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 and 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. 

    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. 

    HIST: 1993 c 312 s 11