1997 Minnesota Statutes

     145C.11 Immunities. 

    Subdivision 1.    Agent.  An 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. 

    Subd. 2.    Health care provider.  (a) 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 agent 
 and the following requirements are satisfied: 

    (1) the health care provider believes in good faith that 
 the decision was made by an agent authorized to make the 
 decision and has no actual knowledge that the durable power of 
 attorney for health care has been revoked; and 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 agent. 

    (b) A health care provider who administers health care 
 necessary to keep the principal alive, despite a health care 
 decision of the 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 transfer care of the 
 principal to another health care provider willing to comply with 
 the decision of the agent. 

    HIST: 1993 c 312 s 12