Minnesota Legislature
Office of the Revisor of Statutes
2006 Minnesota Statutes
This is an historical version of this statute chapter. Also view the most recent published version.
145C.10 PRESUMPTIONS.
(a) The principal is presumed to have the capacity to execute a health care directive and to
revoke a health care directive, absent clear and convincing evidence to the contrary.
(b) A health care provider or health care agent may presume that a health care directive is
legally sufficient absent actual knowledge to the contrary. A health care directive is presumed to
be properly executed, absent clear and convincing evidence to the contrary.
(c) A health care agent, and a health care provider acting pursuant to the direction of a
health care agent, are presumed to be acting in good faith, absent clear and convincing evidence
to the contrary.
(d) A health care directive is presumed to remain in effect until the principal modifies or
revokes it, absent clear and convincing evidence to the contrary.
(e) This chapter does not create a presumption concerning the intention of an individual who
has not executed a health care directive and, except as otherwise provided by section 145C.15,
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 health care
directive.
(f) A copy of a health care directive is presumed to be a true and accurate copy of the
executed original, absent clear and convincing evidence to the contrary, and must be given the
same effect as an original.
(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable medical
judgment there is a real possibility that if health care to sustain her life and the life of the fetus is
provided the fetus could survive to the point of live birth, the health care provider shall presume
that the patient would have wanted such health care to be provided, even if the withholding or
withdrawal of such health care would be authorized were she not pregnant. This presumption
is negated by health care directive provisions described in section 145C.05, subdivision 2,
paragraph (a), clause (10), that are to the contrary, or, in the absence of such provisions, by clear
and convincing evidence that the patient's wishes, while competent, were to the contrary.
History: 1993 c 312 s 11; 1998 c 399 s 21
(a) The principal is presumed to have the capacity to execute a health care directive and to
revoke a health care directive, absent clear and convincing evidence to the contrary.
(b) A health care provider or health care agent may presume that a health care directive is
legally sufficient absent actual knowledge to the contrary. A health care directive is presumed to
be properly executed, absent clear and convincing evidence to the contrary.
(c) A health care agent, and a health care provider acting pursuant to the direction of a
health care agent, are presumed to be acting in good faith, absent clear and convincing evidence
to the contrary.
(d) A health care directive is presumed to remain in effect until the principal modifies or
revokes it, absent clear and convincing evidence to the contrary.
(e) This chapter does not create a presumption concerning the intention of an individual who
has not executed a health care directive and, except as otherwise provided by section 145C.15,
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 health care
directive.
(f) A copy of a health care directive is presumed to be a true and accurate copy of the
executed original, absent clear and convincing evidence to the contrary, and must be given the
same effect as an original.
(g) When a patient lacks decision-making capacity and is pregnant, and in reasonable medical
judgment there is a real possibility that if health care to sustain her life and the life of the fetus is
provided the fetus could survive to the point of live birth, the health care provider shall presume
that the patient would have wanted such health care to be provided, even if the withholding or
withdrawal of such health care would be authorized were she not pregnant. This presumption
is negated by health care directive provisions described in section 145C.05, subdivision 2,
paragraph (a), clause (10), that are to the contrary, or, in the absence of such provisions, by clear
and convincing evidence that the patient's wishes, while competent, were to the contrary.
History: 1993 c 312 s 11; 1998 c 399 s 21
Official Publication of the State of Minnesota
Revisor of Statutes