Minnesota Health Care Directive

A Minnesota Health Care Directive generally does not permit a health care agent to act on behalf of the principle until the principal lacks the capacity to make those decisions. Therefore, it is a good idea to include specific language in the directive health care that meets this question. States of Minnesota Section 145C.08 that an agent of health acting pursuant to a health care directive has the same authority as the principal to receive, inspect and obtain copies of medical records of principal, and agree to the disclosure of medical records of the principal, unless the principal has otherwise specified in the directive of health care.

Minnesota Statutes Sec. 145C.05 subdivision 2, paragraph c allows a principal to authorize a health care agent to make health care decisions for the principal, even if the principal retains decision-making ability. Notwithstanding any provision of this health care directive to the contrary and whether or not I or retain capacity for decision-making for other purposes, I pay my agent for health care, and any person appointed as a successor or other health care workers about my health care directive, whether or not acting like my Senior health care, the power to: 1) receive , review, obtain copies, and also have access to and obtain disclosure of my medical records and any other protected health information held in any form, written or oral, regarding any past, present or future medical or mental health, without limitation, by one of my suppliers of health care, as if my health care agent have been me and 2) to be recognized as my personal representative under the Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d by any health care provider, insurance company or a health care facility that provided treatment or services to me or who has paid to obtain payment or me for such services, or maintenance of any protected information about me, and 3) perform or provide specific authorizations or consents to the use and disclosure of my health record and my medical information protected by my suppliers health care and to others for my health care agent deems appropriate. This authorization does not expire and remain in force as long as my health care directive remains in force.

This example should not be used as a substitute for sound legal advice from a lawyer licensed. Each individual is different and has different needs. Please consult an attorney in your area to discuss your estate planning needs.