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 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 physician or other health
care provider shall continue to obtain the principal's informed consent to all health care decisions
for which the principal 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.
Unless the principal has otherwise specified in
the health care directive, the appointment of the health care agent in a health care directive is
considered a nomination of a guardian for purposes of sections
Subd. 3. Duties.
In exercising authority under a health care directive, a health care agent has
a duty to act in good faith. A health care agent or any alternate health care agent has a personal
obligation to the principal to make health care decisions authorized by the health care power of
attorney, but this obligation does not constitute a legal duty to act.
Subd. 4. Inconsistencies among documents.
In the event of inconsistency between the
appointment of a proxy under chapter 145B or section
253B.03, subdivision 6d
, or of a health
care agent under this chapter, the most recent appointment takes precedence. In the event of
other inconsistencies among documents executed under this chapter, under chapter 145B, or
253B.03, subdivision 6d
, or other legally sufficient
documents, the provisions of the most recently executed document take precedence only to the
extent of the inconsistency.
Subd. 5. Visitation.
A health care agent may visit the principal when the principal is a
patient in a health care facility regardless of whether the principal retains decision-making
(1) the principal has otherwise specified in the health care directive;
(2) a principal who retains decision-making capacity indicates otherwise; or
(3) a health care provider reasonably determines that the principal must be isolated from all
visitors or that the presence of the health care agent would endanger the health or safety of the
principal, other patients, or the facility in which the care is being provided.
History: 1993 c 312 s 8; 1998 c 399 s 18; 2004 c 146 art 3 s 4,5; 2007 c 147 art 9 s 23