Medical power of attorney in Minnesota: how it works, how to sign
The short answer
In Minnesota, you name a health care agent in a health care directive. It must be dated, signed, and notarized or signed before witnesses. Your agent can't witness. Minnesota has no law ranking family to decide if you name nobody, so without one, a court may need to appoint a guardian.
The question under every medical power of attorney is a simple one. If you can't speak for yourself, who talks to the doctor?
In Minnesota, the honest answer is: nobody automatically. This page explains why, and how one document fixes it. It is part of our state estate planning guides. For the basics of the role, see what a medical power of attorney is.
What is it called in Minnesota?
Minnesota's document is a "health care directive." It can name a "health care agent," give health care instructions, or both (Minn. Stat. 145C.01, 145C.02).
The part that names your agent works like a health care power of attorney in other states. The instructions part works like a living will. Most people do both in one document.
Who decides if I haven't named anyone?
This is the most important thing on this page. Minnesota's health care directive law lets you name an agent, but it has no default list ranking family members or friends when there is no agent and no guardian (Minn. Stat. ch. 145C).
Most states have such a list: spouse first, then adult children, then parents, and so on. Minnesota does not. A bill to create one, Senate File 2567, was introduced in 2025 and sent to committee, with no further action. It is not law (SF 2567 bill status).
So where nobody has clear authority, the route is a court-appointed guardian. That means a petition, a hearing and a judge choosing who serves.
| Your situation in Minnesota | Who can make medical decisions |
|---|---|
| You named a health care agent in a directive | Your health care agent |
| A court has appointed a guardian | The guardian |
| Neither of the above | Nobody is ranked by law; hospitals look to family case by case, and a court may need to appoint a guardian |
| The person who knows you best is a close friend | No standing under any statutory list; they can act only if you name them |
Why naming someone matters even more in Minnesota
In a state with a default list, your sister or your adult daughter would at least have a place in line. In Minnesota, there is no line.
That leaves room for confusion at the worst moment. Two relatives may disagree. A doctor may not know whom to ask. A friend who knows your wishes better than anyone has no legal standing at all.
A health care directive answers that in advance. You choose a friend, a niece, a neighbor or a professional, and a backup behind them. Our page on who decides for you walks through the question, and medical decisions without a power of attorney compares how other states handle it.
How do I sign a health care directive?
The rules are in Minn. Stat. 145C.03. To be legally sufficient, the directive must:
- Be in writing and dated.
- State your name.
- Be signed by you, or by someone you authorize, while you have capacity.
- Have your signature verified by a notary or by witnesses. The suggested form uses two witnesses.
- Include an instruction, an agent appointment, or both.
Minnesota offers a suggested form (Minn. Stat. 145C.16). You don't have to use it.
That is different from Minnesota's financial power of attorney, which must be notarized. Our Minnesota power of attorney guide covers that document.
Who can't be my witness or notary?
Minnesota's rules are short (Minn. Stat. 145C.03):
| Person | Can be a witness? | Can be the notary? |
|---|---|---|
| Your health care agent or alternate agent | No | No |
| A health care provider, or a provider's employee, giving you direct care that day | Not both witnesses: at least one witness must not be | Yes, an employee may notarize |
| A relative | Yes | Yes |
| A friend or neighbor | Yes | Yes |
Unlike many states, Minnesota doesn't bar relatives from witnessing a health care directive. The simple path is a notary, or two friends who aren't your agent.
There is one limit on who can be your agent. Your attending health care provider, or its employee, can't serve unless related to you or your directive says otherwise (Minn. Stat. 145C.05).
Do I need a living will too?
Usually not as a separate paper. In Minnesota, living will wishes are now normally written as health care instructions inside your directive, signed the same way (Minn. Stat. 145C.01).
Minnesota's older Living Will Act is still on the books. A living will under it needs two witnesses or a notary, and no witness may be someone who would inherit from you (Minn. Stat. 145B.03). Most people simply use the directive.
Our post on treatment preferences helps you think through what to write, and health care power of attorney vs living will explains how the two fit.
How do I choose my agent?
A short checklist:
- They know what you want, because you've told them.
- They can stay calm in a hospital hallway and ask questions.
- They live close enough, or can travel when needed.
- You've named an alternate in case they can't.
Here is a typical case, a composite. Barbara is 71, divorced, and lives in Rochester. Her daughter lives in Seattle. Her friend Carol from church knows her doctors and her wishes. Barbara names Carol as health care agent and her daughter as alternate, and signs before a notary.
Our post on how to choose a medical power of attorney has more questions to ask. Some people would like a professional standing by. A Kinly membership includes a medical power of attorney written for your state, and Trella Trust Company can be named in the role, first or as backup to someone you choose.
For what happens to your home and savings later, see our Minnesota probate guide.
Common questions
Does a Minnesota health care directive need to be notarized?
No. It can be notarized or signed before witnesses. The suggested form uses two witnesses. Your health care agent can't be a witness or the notary.
Who makes medical decisions in Minnesota if there's no health care agent?
Minnesota has no law ranking family or friends in that situation. Hospitals work with family case by case, and if nobody has authority, a court may need to appoint a guardian. Naming an agent avoids this.
Can a family member witness my Minnesota health care directive?
Yes. Minnesota doesn't bar relatives from witnessing a health care directive. Your agent and alternate agent can't witness, and at least one witness can't be a provider giving you direct care that day.
Can a close friend make medical decisions for me in Minnesota?
Only if you name them as your health care agent. Without that, a friend has no legal standing in Minnesota.
Is there an official Minnesota form?
Minnesota has a suggested health care directive form in its statutes. You don't have to use it. Any document that meets the legal requirements works.
Sources
- Minn. Stat. ch. 145C: Health care directives, table of sections (Minnesota Revisor of Statutes)
- Minn. Stat. 145C.01: Definitions (Minnesota Revisor of Statutes)
- Minn. Stat. 145C.02: Health care directive (Minnesota Revisor of Statutes)
- Minn. Stat. 145C.03: Requirements (Minnesota Revisor of Statutes)
- Minn. Stat. 145C.05: Suggested provisions; restrictions (Minnesota Revisor of Statutes)
- Minn. Stat. 145C.16: Suggested form (Minnesota Revisor of Statutes)
- Minn. Stat. 145B.03: Living will (Minnesota Revisor of Statutes)
- Senate File 2567 of 2025, bill status (Minnesota Legislature)
This page is general information, not legal or financial advice. Laws vary by state.