Category: Health Directives, HIPPA, and Power of Attorney

Working with people and families to draft and manage an end of life estate plan can be scary.  My job is to make it less scary.

Mainly, this is easier when people and families set aside time to think through their options when they have time versus compelled to make a life decision when they have less than minutes.

In my experience, having a discussion of this nature with friends, family and clients can sometimes be the first time a person sets aside time.

End of Life Video

In my opinion, none of us have enough time.

To help you outline a game plan, please consider this end of life videos as an introduction to your process,  your plan and the time you need to before putting pen to paper:

Anatomical Gifts in Minnesota are governed under Chapter 525A.  An Anatomical Gift is the process of donating all or part of your body.

Forms for Anatomical Gifts

As you know, your Minnesota drivers license has a space to allow for Anatomical Gifts.  Generally though, those passionate about this process prefer using a specific organ donation form created by a lawyer or a form sponsored by a specific hospital or non-profit.

Yes, provided all other rules are complied with, a person can use a health care directive to make a donation.

Other times, past Clients have preferred a form specifically designated to their organs to reduce sharing private information.

Religion and Anatomical Gifts

Yes, religion impacts a person’s decision on whether they want to donate an organ or their body at their death.

In fact, it is very common for people to use a form to purposely express they do NOT want any part of their body donated before or after death.  For example, those sharing the Catholic faith often seek the opinion of their local Priest before making an informed decision on Anatomical Gifts.

If you are Catholic, consider reading more about this process here.

In Minnesota, who can make Anatomical Gifts?

In Minnesota, a person can make anatomical gifts if they are:

1. 18 years of age or older,
2. A parent of a donor, 
3. A donor’s guardian,
4. An agent of a donor (using a health care directive), or
5. A minor.

If the donor is a minor (under the age of 18), then they can make anatomical gifts if they are either:

• Emancipated or
• At least 16 years of age and utilize a valid Minnesota drivers license.

Are Anatomical Gifts impacted by the organ box on your Minnesota license?

Yes, a driver license that expresses an intent to donate organs is a valid document.  This law office prefers to revoke statements found on a license and utilize a separate organ donation declaration.

The reason this law office takes this approach is to reduce the likelihood a person or entity claims your drivers license is a leading authority.

Can a person edit or change their Anatomical Gift?

Yes, before a person dies, a person in Minnesota can always edit or change their wishes for an anatomical gift.  The best practice is using a signed document to revoke a previous donation.

It is preferred to use a signed document that is witnessed by two adults of a sound mind and the said document is notarized.

Can a person revoke an Anatomical Gift?

Yes, before a person dies, a person in Minnesota can always revoke anatomical gifts.  The best practice is using a signed document to revoke a previous donation.

It is preferred to use a signed document that is witnessed by two adults of a sound mind and the said document is notarized.

Is there a list of authorized donor registries?

Yes, The Department of Public Safety has a formal organ registry system for people to utilize.

Help with making or waiving Anatomical Gifts

If you need help making or waiving an anatomical gift, please contact this law office for help.

A funeral directive is much like a health care directive or power of attorney. It is a way to identify the quarterback who can handle our affairs specific to a funeral.

Luckily, you can reduce arguments and stress by creating a funeral directive, and address the promises you have for the final chapter before your trust kicks in.

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What is a funeral directive?

A funeral directive is a document that outlines your wishes and desires for a funeral and final honors.  The document is created before you die or before you are not able to communicate for yourself.

The goal of a funeral directive is to make decisions about your funeral arrangements and remove the likelihood of your loved ones making decisions that rock the boat or upset others.

What types of issues are decided by a funeral directive?

A funeral directive can make decisions on any issue you find important including:

• Do you want to be cremated or buried?
• ** If you are cremated, can your family wait for a month or longer to hold a service in your honor?
• Where do you want your ashes or body placed when you die?
• Do you want an honor guard to perform at your funeral?
• Will your funeral service call for a specific religious affiliation?
• What do you want your tombstone to say?
• What picture do you want used in an obituary?

Can your funeral directive be included in your Will?

This law office prefers a funeral directive that is separate from all other estate planning tools, like your health care directive or will.

In the past, I have seen families print a funeral directive and distribute it as they divide up work in preparation of a funeral.  For example, granddaughter can use the document as she talks to a Church to select music while nephew can use the document as he purchases flowers online.

As you might suspect, a will or health care directive is likely more personal.  A funeral directive is not as personal because the idea is to make specific plans for an end of life celebration versus the distribution of assets or property.

Yes, but why do you care about delaying your funeral?

Believe it or not, spouses and children can be torn on whether it is “right” to delay a funeral with the idea of accommodating travel schedules.  Yes, you have the power to put your family at ease.

Nobody really knows the date of their demise.  For all we know, you are going to pass days before a major holiday.  In today’s world, more and more families are delaying a funeral so people can make arrangements for travel, take time off from work, school, etc.

Luckily, hard feelings can be laid to rest by granting your family the ability to delay your end of life party by implementing a funeral directive.

A health care directive in Minnesota is a written document that informs others of your health care wishes. It allows you to name a person (or “agent”) to make decisions for you if you are unable to do so. Under Minnesota law, anyone 18 or older can make a health care directive.

Why might I need a health care directive in Minnesota?

A health care directive is useful if you become unable to adequately communicate your health care wishes. The directive guides your physician, family and friends regarding your care at a time when you are not able to provide that information.

While you do not have to create a health care directive (you will still receive medical care without one), a directive will help you get exactly the care you would like, particularly near the end of your life when your interests may not be the same as those who survive you.

How do I prepare a health care directive in Minnesota?

There are forms that you can use to draft a health care directive. The Sample Forms section includes a sample health care directive for your use on pages 31-36. You can also create your own directive or have an attorney prepare one for you, but your directive must:

• Be in writing and dated;
• Contain your name;
• Be signed by you (or someone you authorize to sign for you) when you can still understand and communicate your health care wishes;
• Have your signature verified by a notary public or two witnesses; and
• Include the appointment of an agent to make health care decisions for you and/ or instructions about the health care choices you wish to make.

Before preparing your directive, you may wish to speak with your physician or other health care provider.

What should I include in my health care directive in Minnesota?

Your health care directive may contain many health-related items, including:

• The name of the person you designate as your agent to make health care decisions for you. You can name alternate agents in case the first agent is unavailable, or even assign joint agents;
• Directions to joint agents, if assigned, regarding the process or standards by which they are to reach a health care decision;
• Your goals, values and preferences about health care;
• The types of medical treatment you want or do not want, including instructions about artificial nutrition and hydration; • How you want your agent(s) to make decisions;
• Where you want to receive care;
• Your preferences regarding mental health treatments, including those that are intrusive, use electroshock therapy or require neuroleptic medications;
• Instructions if you are pregnant;
• Your desire to donate organs, tissues or other body parts; and
• Your funeral arrangements. You may be as specific or general as you wish in your health care directive.

What are the limits on my health care directive in Minnesota?

Your health care directive is limited as follows:

• Your agent must be at least 18 years of age;
• Your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons why your agent is your health care provider;
• You cannot request health care treatment that is beyond reasonable medical practice; and
• You cannot request assisted suicide.

Your health care provider must follow your health care directive or your agent’s instructions, as long as your health care requests fall within reasonable medical practice. However, you or your agent cannot request treatment that will be of no help to you, or that cannot practically or ethically be given by your provider.

If your provider cannot follow your agent’s directions about life-sustaining treatment, your provider must inform the agent.

The provider must also document such a notice in your medical record. The provider must allow the agent to arrange to transfer you to another provider who can and will follow the agent’s directions.

How do I change my health care directive in Minnesota?

Your health care directive lasts until you change or cancel it. If you wish to cancel it, you may do one of the following:

• Write a statement saying you want to cancel it;
• Destroy it;
• Tell at least two people that you wish to cancel it; and/or
• Write a new health care directive.