HF 2521

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; modifying provisions governing 
  1.3             advance health care directives; combining laws 
  1.4             governing living wills and durable power of attorney 
  1.5             for health care; amending Minnesota Statutes 1996, 
  1.6             sections 144.335, subdivision 1; 145C.01, subdivisions 
  1.7             2, 3, 4, 8, and by adding subdivisions; 145C.02; 
  1.8             145C.03; 145C.04; 145C.05, subdivision 2; 145C.06; 
  1.9             145C.07; 145C.08; 145C.09; 145C.10; 145C.11; 145C.12; 
  1.10            145C.13, subdivision 1; 145C.15; 525.55, subdivisions 
  1.11            1 and 2; 525.551, subdivisions 1 and 5; and 525.9212; 
  1.12            Minnesota Statutes 1997 Supplement, sections 149A.80, 
  1.13            subdivision 2; and 253B.04, subdivision 1a; proposing 
  1.14            coding for new law in Minnesota Statutes, chapters 
  1.15            145B; and 145C; repealing Minnesota Statutes 1996, 
  1.16            section 145C.05, subdivision 1. 
  1.17  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.18     Section 1.  Minnesota Statutes 1996, section 144.335, 
  1.19  subdivision 1, is amended to read: 
  1.20     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
  1.21  section, the following terms have the meanings given them: 
  1.22     (a) "Patient" means a natural person who has received 
  1.23  health care services from a provider for treatment or 
  1.24  examination of a medical, psychiatric, or mental condition, the 
  1.25  surviving spouse and parents of a deceased patient, or a person 
  1.26  the patient designates appoints in writing as a representative, 
  1.27  including a health care agent acting pursuant to chapter 145C, 
  1.28  unless the authority of the agent has been limited by the 
  1.29  principal in the principal's health care directive.  Except for 
  1.30  minors who have received health care services pursuant to 
  1.31  sections 144.341 to 144.347, in the case of a minor, patient 
  2.1   includes a parent or guardian, or a person acting as a parent or 
  2.2   guardian in the absence of a parent or guardian. 
  2.3      (b) "Provider" means (1) any person who furnishes health 
  2.4   care services and is licensed to furnish the services pursuant 
  2.5   to chapter 147, 148, 148B, 150A, 151, or 153; (2) a home care 
  2.6   provider licensed under section 144A.46; (3) a health care 
  2.7   facility licensed pursuant to this chapter or chapter 144A; (4) 
  2.8   a physician assistant registered under chapter 147A; and (5) an 
  2.9   unlicensed mental health practitioner regulated pursuant to 
  2.10  sections 148B.60 to 148B.71. 
  2.11     (c) "Individually identifiable form" means a form in which 
  2.12  the patient is or can be identified as the subject of the health 
  2.13  records. 
  2.14     Sec. 2.  [145B.011] [APPLICATION OF CHAPTER.] 
  2.15     This chapter applies only to living wills executed before 
  2.16  August 1, 1998.  If a document purporting to be a living will is 
  2.17  executed on or after August 1, 1998, its legal sufficiency, 
  2.18  interpretation, and enforcement must be determined under the 
  2.19  provisions of chapter 145C in effect on the date of its 
  2.20  execution. 
  2.21     Sec. 3.  Minnesota Statutes 1996, section 145C.01, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 1a.  [ACT IN GOOD FAITH.] "Act in good faith" means 
  2.24  to act consistently with a legally sufficient health care 
  2.25  directive of the principal, a living will executed under chapter 
  2.26  145B, a declaration regarding intrusive mental health treatment 
  2.27  executed under section 253B.03, subdivision 6d, or information 
  2.28  otherwise made known by the principal, unless the actor has 
  2.29  actual knowledge of the modification or revocation of the 
  2.30  information expressed.  If these sources of information do not 
  2.31  provide adequate guidance to the actor, "act in good faith" 
  2.32  means acting in the best interests of the principal, considering 
  2.33  the principal's overall general health condition and prognosis 
  2.34  and the principal's personal values to the extent known. 
  2.35     Sec. 4.  Minnesota Statutes 1996, section 145C.01, is 
  2.36  amended by adding a subdivision to read: 
  3.1      Subd. 1b.  [DECISION-MAKING CAPACITY.] "Decision-making 
  3.2   capacity" means the ability to understand the significant 
  3.3   benefits, risks, and alternatives to proposed health care and to 
  3.4   make and communicate a health care decision. 
  3.5      Sec. 5.  Minnesota Statutes 1996, section 145C.01, 
  3.6   subdivision 2, is amended to read: 
  3.7      Subd. 2.  [HEALTH CARE AGENT.] "Health care agent" means an 
  3.8   individual age 18 or older who is designated appointed by a 
  3.9   principal in a durable health care power of attorney for health 
  3.10  care to make health care decisions on behalf of a the principal 
  3.11  and has consented to act in that capacity.  An agent "Health 
  3.12  care agent" may also be referred to as "attorney in fact agent." 
  3.13     Sec. 6.  Minnesota Statutes 1996, section 145C.01, 
  3.14  subdivision 3, is amended to read: 
  3.15     Subd. 3.  [DURABLE HEALTH CARE POWER OF ATTORNEY FOR HEALTH 
  3.16  CARE.] "Durable Health care power of attorney for health care" 
  3.17  means an instrument authorizing an appointing a health care 
  3.18  agent to make health care decisions for the principal if the 
  3.19  principal is unable, in the judgment of the attending physician, 
  3.20  to make or communicate health care decisions. 
  3.21     Sec. 7.  Minnesota Statutes 1996, section 145C.01, 
  3.22  subdivision 4, is amended to read: 
  3.23     Subd. 4.  [HEALTH CARE.] "Health care" means any care, 
  3.24  treatment, service, or procedure to maintain, diagnose, or treat 
  3.25  otherwise affect a person's physical or mental condition.  
  3.26  "Health care" includes the provision of nutrition or hydration 
  3.27  parenterally or through intubation.  "Health care" does not 
  3.28  include intrusive mental health treatment as defined in section 
  3.29  253B.03, subdivision 6b, unless the durable power of attorney 
  3.30  for health care specifically applies to decisions relating to 
  3.31  intrusive mental health treatment also includes the 
  3.32  establishment of a person's abode within or without the state 
  3.33  and personal security safeguards for a person, to the extent 
  3.34  decisions on these matters relate to the health care needs of 
  3.35  the person. 
  3.36     Sec. 8.  Minnesota Statutes 1996, section 145C.01, is 
  4.1   amended by adding a subdivision to read: 
  4.2      Subd. 5a.  [HEALTH CARE DIRECTIVE.] "Health care directive" 
  4.3   means a written instrument that complies with section 145C.03 
  4.4   and includes one or more health care instructions, a health care 
  4.5   power of attorney, or both; or a durable power of attorney for 
  4.6   health care executed under this chapter before August 1, 1998. 
  4.7      Sec. 9.  Minnesota Statutes 1996, section 145C.01, is 
  4.8   amended by adding a subdivision to read: 
  4.9      Subd. 7a.  [HEALTH CARE INSTRUCTION.] "Health care 
  4.10  instruction" means a written statement of the principal's 
  4.11  values, preferences, guidelines, or directions regarding health 
  4.12  care. 
  4.13     Sec. 10.  Minnesota Statutes 1996, section 145C.01, 
  4.14  subdivision 8, is amended to read: 
  4.15     Subd. 8.  [PRINCIPAL.] "Principal" means an individual age 
  4.16  18 or older who has executed a durable power of attorney for 
  4.17  health care directive. 
  4.18     Sec. 11.  Minnesota Statutes 1996, section 145C.01, is 
  4.19  amended by adding a subdivision to read: 
  4.20     Subd. 9.  [REASONABLY AVAILABLE.] "Reasonably available" 
  4.21  means readily able to be contacted without undue effort and 
  4.22  willing and able to act in a timely manner considering the 
  4.23  urgency of the principal's health care needs. 
  4.24     Sec. 12.  Minnesota Statutes 1996, section 145C.02, is 
  4.25  amended to read: 
  4.26     145C.02 [DURABLE POWER OF ATTORNEY FOR HEALTH CARE 
  4.27  DIRECTIVE.] 
  4.28     A durable power of attorney for health care under this 
  4.29  chapter authorizes the agent to make health care decisions for 
  4.30  the principal when the principal is unable, in the judgment of 
  4.31  the principal's attending physician, to make or communicate 
  4.32  health care decisions.  The durable power of attorney for health 
  4.33  care must substantially comply with the requirements of this 
  4.34  chapter.  An instrument executed prior to August 1, 1993, 
  4.35  purporting to create a durable power of attorney for health care 
  4.36  is valid if the document specifically authorizes the agent to 
  5.1   make health care decisions and is executed in compliance with 
  5.2   section 145C.03.  A principal with the capacity to do so may 
  5.3   executive a health care directive.  A health care directive may 
  5.4   include one or more health care instructions to direct health 
  5.5   care providers, others assisting with health care, family 
  5.6   members, and a health care agent.  A health care directive may 
  5.7   include a health care power of attorney to appoint a health care 
  5.8   agent to make health care decisions for the principal when the 
  5.9   principal, in the judgment of the principal's attending 
  5.10  physician, lacks decision-making capacity, unless otherwise 
  5.11  specified in the health care directive. 
  5.12     Sec. 13.  Minnesota Statutes 1996, section 145C.03, is 
  5.13  amended to read: 
  5.14     145C.03 [REQUIREMENTS.] 
  5.15     Subdivision 1.  [EXECUTION LEGAL SUFFICIENCY.] A durable 
  5.16  power of attorney for health care must be signed by the 
  5.17  principal or in the principal's name by some other individual 
  5.18  acting in the principal's presence and by the principal's 
  5.19  direction.  A durable power of attorney for health care must 
  5.20  contain the date of its execution and must be witnessed or 
  5.21  acknowledged by one of the following methods: 
  5.22     (1) signed by at least two individuals age 18 or older each 
  5.23  of whom witnessed either the signing of the instrument by the 
  5.24  principal or the principal's acknowledgment of the signature; or 
  5.25     (2) acknowledged by the principal before a notary public 
  5.26  who is not the agent.  To be legally sufficient in this state, a 
  5.27  health care directive must: 
  5.28     (1) be in writing; 
  5.29     (2) be dated; 
  5.30     (3) state the principal's name; 
  5.31     (4) be executed by a principal with capacity to do so with 
  5.32  the signature of the principal or with the signature of another 
  5.33  person authorized by the principal to sign on behalf of the 
  5.34  principal; 
  5.35     (5) contain verification of the principal's signature or 
  5.36  the signature of the person authorized by the principal to sign 
  6.1   on behalf of the principal, either by a notary public or by 
  6.2   witnesses as provided under this chapter; and 
  6.3      (6) include a health care instruction, a health care power 
  6.4   of attorney, or both. 
  6.5      Subd. 2.  [INDIVIDUALS INELIGIBLE TO ACT AS HEALTH CARE 
  6.6   AGENT.] (a) An individual appointed by the principal under 
  6.7   section 145C.05, subdivision 2, paragraph (b), to make the 
  6.8   determination of the principal's decision-making capacity is not 
  6.9   eligible to act as the health care agent. 
  6.10     (b) The following individuals are not eligible to act as 
  6.11  the health care agent in a durable power of attorney for health 
  6.12  care, unless the individual designated appointed is related to 
  6.13  the principal by blood, marriage, registered domestic 
  6.14  partnership, or adoption, or unless the principal has otherwise 
  6.15  specified in the health care directive: 
  6.16     (1) a health care provider attending the principal on the 
  6.17  date of execution of the health care directive or on the date 
  6.18  the health care agent must make decisions for the principal; or 
  6.19     (2) an employee of a health care provider attending the 
  6.20  principal on the date of execution of the health care directive 
  6.21  or on the date the health care agent must make decisions for the 
  6.22  principal.  
  6.23     Subd. 3.  [INDIVIDUALS INELIGIBLE TO ACT AS WITNESSES OR 
  6.24  NOTARY PUBLIC.] The (a) A health care agent designated or 
  6.25  alternate health care agent appointed in the durable power of 
  6.26  attorney for a health care power of attorney may not act as a 
  6.27  witness or notary public for the execution of the durable power 
  6.28  of attorney for health care directive that includes the health 
  6.29  care power of attorney. 
  6.30     (b) At least one witness to the execution of the durable 
  6.31  power of attorney for health care directive must not be a health 
  6.32  care provider providing direct care to the principal or an 
  6.33  employee of a health care provider providing direct care to the 
  6.34  principal on the date of execution.  A person notarizing a 
  6.35  health care directive may be an employee of a health care 
  6.36  provider providing direct care to the principal. 
  7.1      Sec. 14.  Minnesota Statutes 1996, section 145C.04, is 
  7.2   amended to read: 
  7.3      145C.04 [EXECUTED IN ANOTHER STATE.] 
  7.4      A durable power of attorney for health care or similar 
  7.5   document executed in another state or jurisdiction in compliance 
  7.6   with the law of that state or jurisdiction is valid and 
  7.7   enforceable in this state, to the extent the document is 
  7.8   consistent with the laws of this state health care directive or 
  7.9   similar document executed in another state or jurisdiction is 
  7.10  legally sufficient under this chapter if it: 
  7.11     (1) complies with the law of the state or jurisdiction in 
  7.12  which it was executed; or 
  7.13     (2) complies with section 145C.03. 
  7.14     Sec. 15.  Minnesota Statutes 1996, section 145C.05, 
  7.15  subdivision 2, is amended to read: 
  7.16     Subd. 2.  [ADDITIONAL PROVISIONS THAT MAY BE INCLUDED.] The 
  7.17  durable power of attorney for (a) A health care directive may 
  7.18  include additional provisions consistent with this chapter, 
  7.19  including, but not limited to: 
  7.20     (1) the designation of one or more alternative alternate 
  7.21  health care agents to act if the named health care agent is 
  7.22  unable, unavailable, or unwilling not reasonably available to 
  7.23  serve; 
  7.24     (2) specific instructions to the agent or any alternative 
  7.25  agents directions to joint health care agents regarding the 
  7.26  process or standards by which the health care agents are to 
  7.27  reach a health care decision for the principal, and a statement 
  7.28  whether joint health care agents may act independently of one 
  7.29  another; 
  7.30     (3) limitations, if any, on the right of the health care 
  7.31  agent or any alternative alternate health care agents to 
  7.32  receive, review, obtain copies of, and consent to the disclosure 
  7.33  of the principal's medical records; 
  7.34     (4) limitations, if any, on the nomination of the health 
  7.35  care agent as guardian or conservator of the person for purposes 
  7.36  of section 525.544; and 
  8.1      (5) a document of gift for the purpose of making an 
  8.2   anatomical gift, as set forth in sections 525.921 to 525.9224, 
  8.3   or an amendment to, revocation of, or refusal to make an 
  8.4   anatomical gift.; 
  8.5      (6) a declaration regarding intrusive mental health 
  8.6   treatment under section 253B.03, subdivision 6d, or a statement 
  8.7   that the health care agent is authorized to give consent for the 
  8.8   principal under section 253B.04, subdivision 1a; 
  8.9      (7) a funeral directive as provided in section 149A.80, 
  8.10  subdivision 2; 
  8.11     (8) limitations, if any, to the effect of dissolution or 
  8.12  annulment of marriage or termination of domestic partnership on 
  8.13  the appointment of a health care agent under section 145C.09, 
  8.14  subdivision 2; 
  8.15     (9) specific reasons why a principal wants a health care 
  8.16  provider or an employee of a health care provider attending the 
  8.17  principal to be eligible to act as the principal's health care 
  8.18  agent; 
  8.19     (10) health care instructions by a woman of child bearing 
  8.20  age regarding how she would like her pregnancy, if any, to 
  8.21  affect health care decisions made on her behalf; and 
  8.22     (11) health care instructions regarding artificially 
  8.23  administered nutrition or hydration. 
  8.24     (b) A health care directive may include a statement of the 
  8.25  circumstances under which the health care directive becomes 
  8.26  effective other than upon the judgment of the principal's 
  8.27  attending physician that the principal lacks decision-making 
  8.28  capacity.  This statement may include appointment of an 
  8.29  individual other than the principal's attending physician to 
  8.30  determine the principal's decision-making capacity, because the 
  8.31  principal in good faith generally selects and depends upon 
  8.32  spiritual means or prayer for the treatment or care of disease 
  8.33  or remedial care and does not have an attending physician or for 
  8.34  any other reason considered significant by the principal.  The 
  8.35  principal's attending physician shall make the determination of 
  8.36  the principal's decision-making capacity if the appointed 
  9.1   individual is not reasonably available. 
  9.2      This statement may authorize the health care agent to make 
  9.3   health care decisions for the principal even though the 
  9.4   principal retains decision-making capacity. 
  9.5      Sec. 16.  Minnesota Statutes 1996, section 145C.06, is 
  9.6   amended to read: 
  9.7      145C.06 [WHEN EFFECTIVE.] 
  9.8      (a) Except as provided in paragraph (b), a durable power of 
  9.9   attorney for A health care directive is effective for a health 
  9.10  care decision when: 
  9.11     (1) it has been executed in accordance with meets the 
  9.12  requirements of section 145C.03, subdivision 1; and 
  9.13     (2) the principal is unable, in the determination of the 
  9.14  attending physician of the principal, to make or communicate 
  9.15  that health care decision and the agent consents to make or 
  9.16  communicate the decision lacks decision-making capacity to make 
  9.17  the health care decision; or if other conditions for 
  9.18  effectiveness otherwise specified by the principal have been met.
  9.19     A health care directive is not effective for a health care 
  9.20  decision when the principal, in the determination of the 
  9.21  attending physician of the principal, recovers decision-making 
  9.22  capacity; or if other conditions for effectiveness otherwise 
  9.23  specified by the principal have been met. 
  9.24     (b) If the principal states in the durable power of 
  9.25  attorney that the principal does not have an attending physician 
  9.26  because the principal in good faith generally selects and 
  9.27  depends upon spiritual means or prayer for the treatment or care 
  9.28  of disease or remedial care, the principal may designate an 
  9.29  individual in the durable power of attorney for health care who 
  9.30  may certify in a writing acknowledged before a notary public 
  9.31  that the principal is unable to make or communicate a health 
  9.32  care decision.  The requirements of section 145C.03, 
  9.33  subdivisions 2 and 3, relating to the eligibility of a health 
  9.34  care provider attending the principal or the provider's employee 
  9.35  to act as an agent or witness apply to an individual designated 
  9.36  under this paragraph. 
 10.1      Sec. 17.  Minnesota Statutes 1996, section 145C.07, is 
 10.2   amended to read: 
 10.3      145C.07 [AUTHORITY AND DUTIES OF HEALTH CARE AGENT.] 
 10.4      Subdivision 1.  [AUTHORITY.] The health care agent has 
 10.5   authority to make any particular health care decision only if 
 10.6   the principal is unable lacks decision-making capacity, in the 
 10.7   determination of the attending physician, to make or communicate 
 10.8   that health care decision; or if other conditions for 
 10.9   effectiveness otherwise specified by the principal have been 
 10.10  met.  The agent does not have authority to consent to a 
 10.11  voluntary commitment under chapter 253B.  The physician or other 
 10.12  health care provider shall continue to obtain the principal's 
 10.13  informed consent to all health care decisions for which the 
 10.14  principal is capable of informed consent has decision-making 
 10.15  capacity, unless other conditions for effectiveness otherwise 
 10.16  specified by the principal have been met.  An alternate health 
 10.17  care agent has authority to act if the primary health care agent 
 10.18  is not reasonably available to act. 
 10.19     Subd. 2.  [HEALTH CARE AGENT AS GUARDIAN.] Except as 
 10.20  otherwise provided in the durable power of attorney for health 
 10.21  care Unless the principal has otherwise specified in the health 
 10.22  care directive, the appointment of the health care agent in a 
 10.23  durable power of attorney for health care directive is 
 10.24  considered a nomination of a guardian or conservator of the 
 10.25  person for purposes of section 525.544. 
 10.26     Subd. 3.  [DUTIES.] In exercising the authority under the 
 10.27  durable power of attorney for a health care directive, the a 
 10.28  health care agent has a duty to act in accordance with the 
 10.29  desires of the principal as expressed in the durable power of 
 10.30  attorney for health care, as expressed in a living will under 
 10.31  chapter 145B or in a declaration regarding intrusive mental 
 10.32  health treatment under section 253B.03, subdivision 6d, or as 
 10.33  otherwise made known by the principal to the agent at any time.  
 10.34  If the principal's desires are not known or cannot be determined 
 10.35  from information known to the agent, the agent has a duty to act 
 10.36  in the best interests of the principal taking into account the 
 11.1   principal's overall medical condition and prognosis good faith.  
 11.2   An A health care agent or any alternative alternate health care 
 11.3   agent has a personal obligation to the principal to make health 
 11.4   care decisions authorized by the durable health care power of 
 11.5   attorney for health care, but this obligation does not 
 11.6   constitute a legal duty to act. 
 11.7      Subd. 4.  [INCONSISTENCIES AMONG DOCUMENTS.] In the event 
 11.8   of inconsistency between the designation appointment of a proxy 
 11.9   under chapter 145B or section 253B.03, subdivision 6d, or of an 
 11.10  a health care agent under this chapter, the most 
 11.11  recent designation appointment takes precedence.  In the event 
 11.12  of other inconsistencies among documents executed under this 
 11.13  chapter, under chapter 145B, or under section 253B.03, 
 11.14  subdivision 6d, or 525.544, or other legally sufficient 
 11.15  documents, the provisions of the most recently executed document 
 11.16  take precedence only to the extent of the inconsistency. 
 11.17     Sec. 18.  Minnesota Statutes 1996, section 145C.08, is 
 11.18  amended to read: 
 11.19     145C.08 [AUTHORITY TO REVIEW MEDICAL RECORDS.] 
 11.20     An A health care agent acting pursuant to a durable power 
 11.21  of attorney for health care directive has the same right as the 
 11.22  principal to receive, review, and obtain copies of medical 
 11.23  records of the principal, and to consent to the disclosure of 
 11.24  medical records of the principal, unless the durable power of 
 11.25  attorney for health care expressly provides otherwise principal 
 11.26  has otherwise specified in the health care directive. 
 11.27     Sec. 19.  Minnesota Statutes 1996, section 145C.09, is 
 11.28  amended to read: 
 11.29     145C.09 [REVOCATION OF DURABLE POWER OF ATTORNEY HEALTH 
 11.30  CARE DIRECTIVE.] 
 11.31     Subdivision 1.  [REVOCATION.] The A principal with the 
 11.32  capacity to do so may revoke a durable power of attorney for 
 11.33  health care directive in whole or in part at any time by doing 
 11.34  any of the following: 
 11.35     (1) canceling, defacing, obliterating, burning, tearing, or 
 11.36  otherwise destroying the durable power of attorney for health 
 12.1   care directive instrument or directing another in the presence 
 12.2   of the principal to destroy the durable power of attorney for 
 12.3   health care directive instrument, with the intent to revoke the 
 12.4   health care directive in whole or in part; 
 12.5      (2) executing a statement, in writing and dated, expressing 
 12.6   the principal's intent to revoke the durable power of attorney 
 12.7   for health care directive in whole or in part; 
 12.8      (3) verbally expressing the principal's intent to revoke 
 12.9   the durable power of attorney for health care directive in whole 
 12.10  or in part in the presence of two witnesses who do not have to 
 12.11  be present at the same time; or 
 12.12     (4) executing a subsequent durable power of attorney for 
 12.13  health care instrument directive, to the extent the subsequent 
 12.14  instrument is inconsistent with any prior instrument. 
 12.15     Subd. 2.  [EFFECT OF DISSOLUTION OR ANNULMENT OF MARRIAGE 
 12.16  OR TERMINATION OF DOMESTIC PARTNERSHIP ON APPOINTMENT OF HEALTH 
 12.17  CARE AGENT.] Unless the durable power of attorney for health 
 12.18  care expressly provides otherwise principal has otherwise 
 12.19  specified in the health care directive, the appointment by the 
 12.20  principal of the principal's spouse or registered domestic 
 12.21  partner as health care agent under a durable health care power 
 12.22  of attorney for health care is revoked by the commencement of 
 12.23  proceedings for dissolution, annulment, or termination of the 
 12.24  principal's marriage or commencement of proceedings for 
 12.25  termination of the principal's registered domestic partnership. 
 12.26     Sec. 20.  Minnesota Statutes 1996, section 145C.10, is 
 12.27  amended to read: 
 12.28     145C.10 [PRESUMPTIONS.] 
 12.29     (a) The principal is presumed to have the capacity to 
 12.30  appoint an agent to make execute a health care decisions 
 12.31  directive and to revoke a durable power of attorney for health 
 12.32  care directive, absent clear and convincing evidence to the 
 12.33  contrary. 
 12.34     (b) A health care provider or health care agent may presume 
 12.35  that a durable power of attorney for health care directive is 
 12.36  valid legally sufficient absent actual knowledge to the contrary.
 13.1   A health care directive is presumed to be properly executed, 
 13.2   absent clear and convincing evidence to the contrary. 
 13.3      (c) It is presumed that an A health care agent, and a 
 13.4   health care provider acting pursuant to the direction of an a 
 13.5   health care agent, are presumed to be acting in good faith and 
 13.6   in the best interests of the principal, absent clear and 
 13.7   convincing evidence to the contrary. 
 13.8      (d) A health care directive is presumed to remain in effect 
 13.9   until the principal modifies or revokes it, absent clear and 
 13.10  convincing evidence to the contrary. 
 13.11     (e) This chapter does not create a presumption concerning 
 13.12  the intention of an individual who has not executed a durable 
 13.13  power of attorney for health care directive and does not impair 
 13.14  or supersede any right or responsibility of an individual to 
 13.15  consent, refuse to consent, or withdraw consent to health care 
 13.16  on behalf of another in the absence of a durable power of 
 13.17  attorney for health care directive. 
 13.18     (f) A copy of a health care directive is presumed to be a 
 13.19  true and accurate copy of the executed original, absent clear 
 13.20  and convincing evidence to the contrary, and must be given the 
 13.21  same effect as an original. 
 13.22     For purposes of this chapter, acting in good faith means 
 13.23  acting consistently with the desires of the principal as 
 13.24  expressed in the durable power of attorney for health care, as 
 13.25  expressed in a living will under chapter 145B or in a 
 13.26  declaration regarding intrusive mental health treatment under 
 13.27  section 253B.03, subdivision 6d, or otherwise made known by the 
 13.28  principal to the agent.  If the principal's desires are not 
 13.29  known or cannot be determined from information known to the 
 13.30  agent, acting in good faith means acting in the best interests 
 13.31  of the principal, taking into account the principal's overall 
 13.32  medical condition and prognosis. 
 13.33     Sec. 21.  Minnesota Statutes 1996, section 145C.11, is 
 13.34  amended to read: 
 13.35     145C.11 [IMMUNITIES.] 
 13.36     Subdivision 1.  [HEALTH CARE AGENT.] An A health care agent 
 14.1   is not subject to criminal prosecution or civil liability for 
 14.2   any health care decision made in good faith pursuant to a 
 14.3   durable power of attorney for health care, unless the agent has 
 14.4   actual knowledge of the revocation of the durable power of 
 14.5   attorney for health care if the health care agent acts in good 
 14.6   faith. 
 14.7      Subd. 2.  [HEALTH CARE PROVIDER.] (a) A health care 
 14.8   provider is not subject to criminal prosecution, civil 
 14.9   liability, or professional disciplinary action if the health 
 14.10  care provider acts in good faith. 
 14.11     (b) A health care provider is not subject to criminal 
 14.12  prosecution, civil liability, or professional disciplinary 
 14.13  action if the health care provider relies on a health care 
 14.14  decision made by the health care agent and the following 
 14.15  requirements are satisfied: 
 14.16     (1) the health care provider believes in good faith that 
 14.17  the decision was made by an a health care agent authorized 
 14.18  appointed to make the decision and has no actual knowledge that 
 14.19  the durable power of attorney for health care directive has been 
 14.20  revoked; and 
 14.21     (2) the health care provider believes in good faith that 
 14.22  the decision is consistent with the desires of the principal as 
 14.23  expressed in the durable power of attorney for health care or 
 14.24  otherwise made known by the principal to the health care agent 
 14.25  is acting in good faith. 
 14.26     (b) (c) A health care provider who administers health care 
 14.27  necessary to keep the principal alive, despite a health care 
 14.28  decision of the health care agent to withhold or withdraw that 
 14.29  treatment, is not subject to criminal prosecution, civil 
 14.30  liability, or professional disciplinary action if that health 
 14.31  care provider promptly took all reasonable steps to transfer 
 14.32  care of the principal to another health care provider willing to 
 14.33  comply with the decision of the health care agent. 
 14.34     Sec. 22.  Minnesota Statutes 1996, section 145C.12, is 
 14.35  amended to read: 
 14.36     145C.12 [PROHIBITED PRACTICES.] 
 15.1      Subdivision 1.  [HEALTH CARE PROVIDER.] A health care 
 15.2   provider, health care service plan, insurer, self-insured 
 15.3   employee welfare benefit plan, or nonprofit hospital plan may 
 15.4   not condition admission to a facility, or the providing of 
 15.5   treatment or insurance, on the requirement that an individual 
 15.6   execute a durable power of attorney for health care directive. 
 15.7      Subd. 2.  [INSURANCE.] A policy of life insurance is not 
 15.8   legally impaired or invalidated in any manner by the withholding 
 15.9   or withdrawing of health care pursuant to the direction of an a 
 15.10  health care agent appointed pursuant to this chapter, or 
 15.11  pursuant to the implementation of health care instructions under 
 15.12  this chapter. 
 15.13     Sec. 23.  Minnesota Statutes 1996, section 145C.13, 
 15.14  subdivision 1, is amended to read: 
 15.15     Subdivision 1.  [GROSS MISDEMEANOR OFFENSES.] Whoever 
 15.16  commits any of the following acts is guilty of a gross 
 15.17  misdemeanor: 
 15.18     (1) willfully conceals, cancels, defaces, or obliterates a 
 15.19  durable power of attorney for health care directive of a 
 15.20  principal without the consent of the principal; 
 15.21     (2) willfully conceals or withholds personal knowledge of a 
 15.22  revocation of a durable power of attorney for health care 
 15.23  directive; 
 15.24     (3) falsifies or forges a durable power of attorney for 
 15.25  health care directive or a revocation of the instrument; 
 15.26     (4) coerces or fraudulently induces another to execute a 
 15.27  durable power of attorney for health care directive; or 
 15.28     (5) requires or prohibits the execution of a durable power 
 15.29  of attorney for health care directive as a condition for being 
 15.30  insured for or receiving all or some health care services. 
 15.31     Sec. 24.  Minnesota Statutes 1996, section 145C.15, is 
 15.32  amended to read: 
 15.33     145C.15 [DUTIES OF HEALTH CARE PROVIDERS TO PROVIDE 
 15.34  LIFE-SUSTAINING HEALTH CARE.] 
 15.35     (a) If a proxy acting under chapter 145B or an a health 
 15.36  care agent acting under this chapter directs the provision of 
 16.1   health care, nutrition, or hydration that, in reasonable medical 
 16.2   judgment, has a significant possibility of sustaining the life 
 16.3   of the principal or declarant, a health care provider shall take 
 16.4   all reasonable steps to ensure the provision of the directed 
 16.5   health care, nutrition, or hydration if the provider has the 
 16.6   legal and actual capability of providing the health care either 
 16.7   itself or by transferring the principal or declarant to a health 
 16.8   care provider who has that capability.  Any transfer of a 
 16.9   principal or declarant under this paragraph must be done 
 16.10  promptly and, if necessary to preserve the life of the principal 
 16.11  or declarant, by emergency means.  This paragraph does not apply 
 16.12  if a living will under chapter 145B or a durable power of 
 16.13  attorney for health care directive indicates an intention to the 
 16.14  contrary. 
 16.15     (b) A health care provider who is unwilling to provide 
 16.16  directed health care under paragraph (a) that the provider has 
 16.17  the legal and actual capability of providing may transfer the 
 16.18  principal or declarant to another health care provider willing 
 16.19  to provide the directed health care but the provider shall take 
 16.20  all reasonable steps to ensure provision of the directed health 
 16.21  care until the principal or declarant is transferred. 
 16.22     (c) Nothing in this section alters any legal obligation or 
 16.23  lack of legal obligation of a health care provider to provide 
 16.24  health care to a principal or declarant who refuses, has 
 16.25  refused, or is unable to pay for the health care. 
 16.26     Sec. 25.  [145C.16] [INTERIM SUGGESTED FORM OF HEALTH CARE 
 16.27  DIRECTIVE.] 
 16.28     The following is an interim suggested form of a health care 
 16.29  directive and is not a required form. 
 16.30                      HEALTH CARE DIRECTIVE 
 16.31     I, ..........................., understand this document 
 16.32  allows me to do ONE OR BOTH of the following: 
 16.33     PART I:  Name another person (called the health care agent) 
 16.34  to make health care decisions for me if I am unable to decide or 
 16.35  speak for myself.  My health care agent must make health care 
 16.36  decisions for me based on the instructions I provide in this 
 17.1   document (Part II), if any, the wishes I have made known to him 
 17.2   or her, or must act in my best interest if I have not made my 
 17.3   health care wishes known. 
 17.4      AND/OR 
 17.5      PART II:  Give health care instructions to guide others 
 17.6   making health care decisions for me.  If I have named a health 
 17.7   care agent, these instructions are to be used by the agent.  
 17.8   These instructions may also be used by my health care providers, 
 17.9   others assisting with my health care and my family, in the event 
 17.10  I cannot make decisions for myself. 
 17.11            PART I:  APPOINTMENT OF HEALTH CARE AGENT 
 17.12         THIS IS WHO I WANT TO MAKE HEALTH CARE DECISIONS
 17.13       FOR ME IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
 17.14     (I know I can change my agent or alternate agent at any 
 17.15     time and I know I do not have to appoint an agent or an 
 17.16     alternate agent) 
 17.17  NOTE:  If you appoint an agent, you should discuss this health 
 17.18  care directive with your agent and give your agent a copy. 
 17.19     When I am unable to decide or speak for myself, I trust and 
 17.20  appoint .......................... to make health care decisions 
 17.21  for me.  This person is called my health care agent. 
 17.22     Relationship of my health care agent to me:........... 
 17.23  ............................................................... 
 17.24     Telephone number of my health care agent:  ........... 
 17.25  ............................................................... 
 17.26     Address of my health care agent:  .................... 
 17.27  .............................................................. 
 17.28     (OPTIONAL) APPOINTMENT OF ALTERNATE HEALTH CARE AGENT:  If 
 17.29  my health care agent is not reasonably available, I trust and 
 17.30  appoint .................... to be my health care agent instead. 
 17.31     Relationship of my alternate health care agent to me:  
 17.32  ............................................................... 
 17.33     Telephone number of my alternate health care agent:  
 17.34  ............................................................... 
 17.35     Address of my alternate health care agent:  ......... 
 17.36  ............................................................... 
 18.1       THIS IS WHAT I WANT MY HEALTH CARE AGENT TO BE ABLE TO
 18.2          DO IF I AM UNABLE TO DECIDE OR SPEAK FOR MYSELF
 18.3                (I know I can change these choices)
 18.4      My health care agent is automatically given the powers 
 18.5   listed below in (A) through (D).  My health care agent must 
 18.6   follow my health care instructions in this document or any other 
 18.7   instructions I have given to my agent.  If I have not given 
 18.8   health care instructions, then my agent must act in my best 
 18.9   interest. 
 18.10     Whenever I am unable to decide or speak for myself, my 
 18.11  health care agent has the power to: 
 18.12     (A) Make any health care decision for me.  This includes 
 18.13  the power to give, refuse, or withdraw consent to any care, 
 18.14  treatment, service, or procedures.  This includes deciding 
 18.15  whether to stop or not start health care that is keeping me or 
 18.16  might keep me alive, and deciding about intrusive mental health 
 18.17  treatment. 
 18.18     (B) Choose my health care providers. 
 18.19     (C) Choose where I live and receive care and support when 
 18.20  those choices relate to my health care needs. 
 18.21     (D) Review my medical records and have the same rights that 
 18.22  I would have to give my medical records to other people. 
 18.23     If I DO NOT want my health care agent to have a power 
 18.24  listed above in (A) through (D) OR if I want to LIMIT any power 
 18.25  in (A) through (D), I MUST say that here: 
 18.26  ..............................................................
 18.27  ............................................................... 
 18.28  ...............................................................
 18.29     My health care agent is NOT automatically given the powers 
 18.30  listed below in (1) and (2).  If I WANT my agent to have any of 
 18.31  the powers in (1) and (2), I must INITIAL the line in front of 
 18.32  the power; then my agent WILL HAVE that power. 
 18.33     ...  (1)  To decide whether to donate my organs when I die.
 18.34     ...  (2)  To decide what will happen with my body when I die
 18.35               (burial, cremation).
 18.36     If I want to say anything more about my health care agent's 
 19.1   powers or limits on the powers, I can say it here: 
 19.2   .................................................................
 19.3   .................................................................
 19.4   .................................................................
 19.5                 PART II: HEALTH CARE INSTRUCTIONS
 19.6      These are instructions for my health care when I am unable 
 19.7   to decide or speak for myself.  These instructions must be 
 19.8   followed (so long as they address my needs). 
 19.9        THESE ARE MY BELIEFS AND VALUES ABOUT MY HEALTH CARE
 19.10     (I know I can change these choices or leave any of them 
 19.11     blank) 
 19.12     I want you to know these things about me to help you make 
 19.13  decisions about my health care: 
 19.14     My goals for my health care:  ..............................
 19.15  .................................................................
 19.16  .................................................................
 19.17     My fears about my health care:  ............................
 19.18  .................................................................
 19.19  .................................................................
 19.20     My spiritual or religious beliefs and traditions:  .........
 19.21  .................................................................
 19.22  .................................................................
 19.23     My beliefs about when life would be no longer worth 
 19.24  living:  ........................................................
 19.25  .................................................................
 19.26  .................................................................
 19.27     My thoughts about how my medical condition might affect my 
 19.28  family:  ........................................................
 19.29  .................................................................
 19.30  .................................................................
 19.31      THIS IS WHAT I WANT AND DO NOT WANT FOR MY HEALTH CARE
 19.32     (I know I can change these choices or leave any of them 
 19.33     blank) 
 19.34     Many medical treatments may be used to try to improve my 
 19.35  medical condition or to prolong my life.  Examples include 
 19.36  artificial breathing by a machine connected to a tube in the 
 20.1   lungs, artificial feeding or fluids through tubes, attempts to 
 20.2   start a stopped heart, surgeries, dialysis, antibiotics, and 
 20.3   blood transfusions.  Most medical treatments can be tried for a 
 20.4   while and then stopped if they do not help. 
 20.5      I have these views about my health care in these situations:
 20.6      (Note:  You can discuss general feelings, specific 
 20.7   treatments, or leave any of them blank) 
 20.8      If I had a reasonable chance of recovery, and were 
 20.9   temporarily unable to decide or speak for myself, I would want:  
 20.10  .................................................................
 20.11  .................................................................
 20.12  .................................................................
 20.13     If I were dying and unable to decide or speak for myself, I 
 20.14  would want:  ....................................................
 20.15  .................................................................
 20.16  .................................................................
 20.17     If I were permanently unconscious and unable to decide or 
 20.18  speak for myself, I would want:  ................................
 20.19  .................................................................
 20.20  .................................................................
 20.21     If I were completely dependent on others for my care and 
 20.22  unable to decide or speak for myself, I would want:  ............
 20.23  .................................................................
 20.24  .................................................................
 20.25     In all circumstances, my doctors will try to keep me 
 20.26  comfortable and reduce my pain.  This is how I feel about pain 
 20.27  relief if it would affect my alertness or if it could shorten my 
 20.28  life:  ..........................................................
 20.29  .................................................................
 20.30  .................................................................
 20.31     There are other things that I want or do not want for my 
 20.32  health care, if possible: 
 20.33     Who I would like to be my doctor:  .........................
 20.34  .................................................................
 20.35  .................................................................
 20.36     Where I would like to live to receive health care:  
 21.1   .................................................................
 21.2   .................................................................
 21.3   .................................................................
 21.4      Where I would like to die and other wishes I have about 
 21.5   dying:  .........................................................
 21.6   .................................................................
 21.7   .................................................................
 21.8      My wishes about donating parts of my body when I die:  .....
 21.9   .................................................................
 21.10  .................................................................
 21.11     My wishes about what happens to my body when I die 
 21.12  (cremation, burial):  ...........................................
 21.13  .................................................................
 21.14  .................................................................
 21.15     Any other things:  .........................................
 21.16  .................................................................
 21.17  .................................................................
 21.18               PART III:  MAKING THE DOCUMENT LEGAL
 21.19     This document must be signed by me.  It also must either be 
 21.20  verified by a notary public (Option 1) OR witnessed by two 
 21.21  witnesses (Option 2).  It must be dated when it is verified or 
 21.22  witnessed. 
 21.23     I am thinking clearly, I agree with everything that is 
 21.24  written in this document, and I have made this document 
 21.25  willingly. 
 21.26  ..........................................
 21.27  My Signature
 21.28       Date signed:    .....................
 21.29       Date of birth:  .....................
 21.30       Address:        ...................................
 21.31                       ...................................
 21.32  If I cannot sign my name, I can ask someone to sign this 
 21.33  document for me. 
 21.34  ..........................................
 21.35  Signature of the person who I asked to sign this document for me.
 21.36  ..........................................
 22.1   Printed name of the person who I asked to sign this document for 
 22.2   me. 
 22.3                      Option 1:  Notary Public
 22.4      In my presence on .................... (date), 
 22.5   ....................... (name) acknowledged his/her signature on 
 22.6   this document or acknowledged that he/she authorized the person 
 22.7   signing this document to sign on his/her behalf.  I am not named 
 22.8   as a health care agent or alternate health care agent in this 
 22.9   document. 
 22.10  .............................. 
 22.11  (Signature of Notary)                         (Notary Stamp)
 22.12                     Option 2:  Two Witnesses
 22.13     Two witnesses must sign.  Only one of the two witnesses can 
 22.14  be a health care provider or an employee of a health care 
 22.15  provider giving direct care to me on the day I sign this 
 22.16  document. 
 22.17  Witness One: 
 22.18     (i)  In may presence on ............... (date), 
 22.19  ............... (name) acknowledged his/her signature on this 
 22.20  document or acknowledged that he/she authorized the person 
 22.21  signing this document to sign on his/her behalf. 
 22.22     (ii)  I am at least 18 years of age. 
 22.23     (iii)  I am not named as a health care agent or an 
 22.24  alternate health care agent in this document. 
 22.25     (iv)  If I am a health care provider or an employee of a 
 22.26  health care provider giving direct care to the person listed 
 22.27  above in (A), I must initial this box:  [ ] 
 22.28     I certify that the information in (i) through (iv) is true 
 22.29  and correct. 
 22.30  ......................................
 22.31  (Signature of Witness One)
 22.32  Address:  ..........................................
 22.33            ..........................................
 22.34  Witness Two: 
 22.35     (i)  In my presence on .............. (date), 
 22.36  ................. (name) acknowledged his/her signature on this 
 23.1   document or acknowledged that he/she authorized the person 
 23.2   signing this document to sign on his/her behalf. 
 23.3      (ii)  I am at least 18 years of age. 
 23.4      (iii)  I am not named as a health care agent or an 
 23.5   alternate health care agent in this document. 
 23.6      (iv)  If I am a health care provider or an employee of a 
 23.7   health care provider giving direct care to the person listed 
 23.8   above in (A), I must initial this box:  [ ] 
 23.9      I certify that the information in (i) through (iv) is true 
 23.10  and correct. 
 23.11  ....................................
 23.12  (Signature of Witness Two)
 23.13  Address:  .........................................
 23.14            .........................................
 23.15  REMINDER:  Keep this document with your personal papers in a 
 23.16  safe place (not in a safe deposit box).  Give signed copies to 
 23.17  your doctors, family, close friends, health care agent, and 
 23.18  alternate health care agent.  Make sure your doctor is willing 
 23.19  to follow your wishes.  This document should be part of your 
 23.20  medical record at your physician's office and at the hospital, 
 23.21  home care agency, hospice, or nursing facility where you receive 
 23.22  your care. 
 23.23     Sec. 26.  Minnesota Statutes 1997 Supplement, section 
 23.24  149A.80, subdivision 2, is amended to read: 
 23.25     Subd. 2.  [DETERMINATION OF RIGHT TO CONTROL AND DUTY OF 
 23.26  DISPOSITION.] The right to control the disposition of the 
 23.27  remains of a deceased person, including the location and 
 23.28  conditions of final disposition, unless other directions have 
 23.29  been given by the decedent pursuant to subdivision 1, vests in, 
 23.30  and the duty of final disposition of the body devolves upon, the 
 23.31  following in the order named: 
 23.32     (1) the person designated appointed in a dated written 
 23.33  instrument signed by the decedent.  Written instrument includes, 
 23.34  but is not limited to, a health care directive executed under 
 23.35  chapter 145C.  Written instrument does not include a durable or 
 23.36  nondurable power of attorney which terminates on the death of 
 24.1   the principal pursuant to sections 523.08 and 523.09; 
 24.2      (2) the surviving, legally recognized spouse; 
 24.3      (3) the surviving biological or adopted child or children 
 24.4   of the decedent over the age of majority, provided that, in the 
 24.5   absence of actual knowledge to the contrary, a funeral director 
 24.6   or mortician may rely on instructions given by the child or 
 24.7   children who represent that they are the sole surviving child, 
 24.8   or that they constitute a majority of the surviving children; 
 24.9      (4) the surviving parent or parents of the decedent; 
 24.10     (5) the surviving biological or adopted sibling or siblings 
 24.11  of the decedent over the age of majority, provided that, in the 
 24.12  absence of actual knowledge to the contrary, a funeral director 
 24.13  or mortician may rely on instructions given by the sibling or 
 24.14  siblings who represent that they are the sole surviving sibling, 
 24.15  or that they constitute a majority of the surviving siblings; 
 24.16     (6) the person or persons respectively in the next degree 
 24.17  of kinship in the order named by law to inherit the estate of 
 24.18  the decedent; and 
 24.19     (7) the appropriate public or court authority, as required 
 24.20  by law. 
 24.21     For purposes of this subdivision, the appropriate public or 
 24.22  court authority includes the county board of the county in which 
 24.23  the death occurred if the person dies without apparent financial 
 24.24  means to provide for final disposition or the district court in 
 24.25  the county in which the death occurred. 
 24.26     Sec. 27.  Minnesota Statutes 1997 Supplement, section 
 24.27  253B.04, subdivision 1a, is amended to read: 
 24.28     Subd. 1a.  [VOLUNTARY TREATMENT OR ADMISSION FOR PERSONS 
 24.29  WITH MENTAL ILLNESS.] (a) A person with a mental illness may 
 24.30  seek or voluntarily agree to accept treatment or admission to a 
 24.31  facility.  If the mental health provider determines that the 
 24.32  person lacks the capacity to give informed consent for the 
 24.33  treatment or admission, and in the absence of a durable power of 
 24.34  attorney for health care power of attorney that authorizes 
 24.35  consent, the designated agency or its designee may give informed 
 24.36  consent for mental health treatment or admission to a treatment 
 25.1   facility on behalf of the person. 
 25.2      (b) The designated agency shall apply the following 
 25.3   criteria in determining the person's ability to give informed 
 25.4   consent: 
 25.5      (1) whether the person demonstrates an awareness of the 
 25.6   person's illness, and the reasons for treatment, its risks, 
 25.7   benefits and alternatives, and the possible consequences of 
 25.8   refusing treatment; and 
 25.9      (2) whether the person communicates verbally or nonverbally 
 25.10  a clear choice concerning treatment that is a reasoned one, not 
 25.11  based on delusion, even though it may not be in the person's 
 25.12  best interests. 
 25.13     (c) The basis for the designated agency's decision that the 
 25.14  person lacks the capacity to give informed consent for treatment 
 25.15  or admission, and that the patient has voluntarily accepted 
 25.16  treatment or admission, must be documented in writing. 
 25.17     (d) A mental health provider that provides treatment in 
 25.18  reliance on the written consent given by the designated agency 
 25.19  under this subdivision is not civilly or criminally liable for 
 25.20  performing treatment without consent.  This paragraph does not 
 25.21  affect any other liability that may result from the manner in 
 25.22  which the treatment is performed. 
 25.23     (e) A person who receives treatment or is admitted to a 
 25.24  facility under this subdivision has the right to refuse 
 25.25  treatment at any time or to be released from a facility as 
 25.26  provided under subdivision 2.  The person or any interested 
 25.27  person acting on the person's behalf may seek court review 
 25.28  within five days for a determination of whether the person's 
 25.29  agreement to accept treatment or admission is voluntary.  At the 
 25.30  time a person agrees to treatment or admission to a facility 
 25.31  under this subdivision, the designated agency or its designee 
 25.32  shall inform the person in writing of the person's rights under 
 25.33  this paragraph. 
 25.34     (f) This subdivision does not authorize the administration 
 25.35  of neuroleptic medications.  Neuroleptic medications may be 
 25.36  administered only as provided in section 253B.092. 
 26.1      Sec. 28.  Minnesota Statutes 1996, section 525.55, 
 26.2   subdivision 1, is amended to read: 
 26.3      Subdivision 1.  [TIME OF NOTICE; TO WHOM GIVEN.] In all 
 26.4   cases, upon the filing of the petition the court shall fix the 
 26.5   time and place for the hearing and shall order that notice be 
 26.6   given of the hearing.  At least 14 days prior to the hearing, 
 26.7   personal service of the notice shall be made upon the proposed 
 26.8   ward or conservatee.  Notice by mail postmarked at least 14 days 
 26.9   before the hearing shall also be served on: 
 26.10     (1) the spouse, parents, adult children, brothers and 
 26.11  sisters,; 
 26.12     (2) a health care agent or proxy appointed pursuant to a 
 26.13  health care directive as defined in section 145C.01, a living 
 26.14  will under chapter 145B, or other similar document executed in 
 26.15  another state and enforceable under the laws of this state; and, 
 26.16     (3) if none of those in clause (1) or (2) are alive or can 
 26.17  be located, on the nearest kindred as determined by the court, 
 26.18  and on any other persons the court may direct, by mail 
 26.19  postmarked at least 14 days prior to the hearing. 
 26.20     If the person is a patient or resident, or client of any 
 26.21  hospital, nursing home, home care agency, or other institution, 
 26.22  notice by mail shall also be given to the administrative head of 
 26.23  the institution.  If the person is a nonresident or if after 
 26.24  diligent search cannot be found in this state, notice shall be 
 26.25  given in the manner and to those persons as the court may 
 26.26  determine. 
 26.27     Sec. 29.  Minnesota Statutes 1996, section 525.55, 
 26.28  subdivision 2, is amended to read: 
 26.29     Subd. 2.  [FORM; SERVICE.] The notice shall be written in 
 26.30  language which can be easily understood.  Included with the 
 26.31  notice shall be a copy of the petition.  The notice shall 
 26.32  contain information regarding the nature, purpose and legal 
 26.33  effects of the guardianship or conservatorship proceedings on 
 26.34  the proposed ward or conservatee.  The notice shall state that 
 26.35  the person may be adjudged incapable of self care for person or 
 26.36  property, and by reason thereof, a guardian or conservator may 
 27.1   be appointed, and that the adjudication may transfer to the 
 27.2   appointed guardian or conservator certain rights, including the 
 27.3   right to manage and control property, to enter into contracts 
 27.4   and to determine residence.  The notice shall further contain 
 27.5   information regarding the rights of the proposed ward or 
 27.6   conservatee in the proceeding, including the right to attend the 
 27.7   hearing, to be represented by an attorney, to oppose the 
 27.8   proceeding, and to present evidence.  The notice shall state 
 27.9   that if the proposed ward or conservatee wishes to exercise the 
 27.10  right to be represented by an attorney, that person must either 
 27.11  obtain counsel of choice, or ask the court to appoint an 
 27.12  attorney to represent that person, and that the county shall pay 
 27.13  a reasonable attorney's fee if that person is indigent.  The 
 27.14  procedure for requesting a court appointed attorney shall be 
 27.15  described in the notice.  If the proposed ward or conservatee is 
 27.16  a patient, resident, or client of any hospital, nursing home, 
 27.17  home care agency, or other institution, the notice must further 
 27.18  require the institution to advise the court of the existence, if 
 27.19  known, of a health care directive, as defined in section 
 27.20  145C.01, executed by the proposed ward or conservatee, a living 
 27.21  will executed under chapter 145B, or any other similar document 
 27.22  executed in another state and enforceable under the laws of this 
 27.23  state. 
 27.24     The process server shall inquire whether the proposed ward 
 27.25  or conservatee desires the notice and petition to be read to 
 27.26  that person, and shall read the notice and petition if requested 
 27.27  to do so.  In place of a process server, the court may appoint a 
 27.28  visitor to deliver the notice and petition and explain them to 
 27.29  the proposed ward or conservatee.  
 27.30     Sec. 30.  Minnesota Statutes 1996, section 525.551, 
 27.31  subdivision 1, is amended to read: 
 27.32     Subdivision 1.  [ATTENDANCE AT HEARING.] If the proposed 
 27.33  ward or conservatee is within the state, that person shall be 
 27.34  present at the hearing unless in a meeting with a visitor that 
 27.35  person specifically waives the right to appear in person or is 
 27.36  not able to attend by reason of medical condition as evidenced 
 28.1   by a written statement from a licensed physician.  The written 
 28.2   statement shall be evidence only of the proposed ward's or 
 28.3   conservatee's medical inability to attend the hearing, and shall 
 28.4   not be considered in determining the issue of incapacity.  The 
 28.5   written statement must also inform the court of the physician's 
 28.6   knowledge, if any, of the existence of a health care directive, 
 28.7   as defined in section 145C.01, executed by the proposed ward or 
 28.8   conservatee, a living will executed under chapter 145B, or any 
 28.9   other similar document executed in another state and enforceable 
 28.10  under the laws of this state.  In any instance in which a 
 28.11  proposed ward or conservatee is absent from the hearing, the 
 28.12  court shall specify in its findings of fact the reason for 
 28.13  nonattendance. 
 28.14     If a visitor delivered the notice and petition pursuant to 
 28.15  section 525.55 and the proposed ward or conservatee has waived 
 28.16  the right to attend the hearing, the visitor may testify as to 
 28.17  the notice and any waiver of the right to appear in person, and 
 28.18  as to other matters which may assist the court in determining 
 28.19  the need for a guardian or conservator and the extent of the 
 28.20  power to be granted.  
 28.21     Sec. 31.  Minnesota Statutes 1996, section 525.551, 
 28.22  subdivision 5, is amended to read: 
 28.23     Subd. 5.  [FINDINGS.] In all cases the court shall make 
 28.24  specific written findings of fact, state separately its 
 28.25  conclusions of law, and direct the entry of an appropriate 
 28.26  judgment or order. 
 28.27     If upon completion of the hearing and consideration of the 
 28.28  record the court finds:  (a) that the requirements for the 
 28.29  voluntary appointment of a conservator or guardian have been 
 28.30  met, or (b)(1) that the proposed ward or conservatee is 
 28.31  incapacitated as defined in section 525.54; and (2) in need of 
 28.32  the supervision and protection of a guardian or conservator; and 
 28.33  (3) that no appropriate alternatives to the guardianship or 
 28.34  conservatorship exist which are less restrictive of the person's 
 28.35  civil rights and liberties, such as those set forth in section 
 28.36  525.54, subdivision 7, it shall enter its order or judgment 
 29.1   granting all of the powers set out in section 525.56, 
 29.2   subdivision 3, in the case of a guardian of the person, and 
 29.3   section 525.56, subdivision 4, in the case of a guardian of the 
 29.4   estate, or specifying the powers of the conservator pursuant to 
 29.5   section 525.56.  The court shall make a finding that appointment 
 29.6   of the person chosen as guardian or conservator is in the best 
 29.7   interests of the ward or conservatee.  Except as provided in 
 29.8   section 525.544, subdivision 1, if more than one person has 
 29.9   petitioned the court to serve as guardian or conservator, or if 
 29.10  the petition is contested, the court shall make a finding that 
 29.11  the person to be appointed as guardian or conservator is the 
 29.12  most suitable and best qualified person among those who are 
 29.13  available before making the appointment.  The court's finding as 
 29.14  to the best available guardian must specifically address the 
 29.15  reasons for the court's determination that the appointment of 
 29.16  that person is in the best interests of the ward or 
 29.17  conservatee.  The court must also clarify the respective legal 
 29.18  authorities of a guardian or conservator appointed under this 
 29.19  chapter and any existing health care agent or proxy appointed 
 29.20  under a health care directive as defined in section 145C.01, a 
 29.21  living will under chapter 145B, or other similar document 
 29.22  executed in another state and enforceable under the laws of this 
 29.23  state. 
 29.24     The court may enumerate in its findings which legal rights 
 29.25  the proposed ward or conservatee is incapable of exercising. 
 29.26     Sec. 32.  Minnesota Statutes 1996, section 525.9212, is 
 29.27  amended to read: 
 29.28     525.9212 [MAKING, REVOKING, AND OBJECTING TO ANATOMICAL 
 29.29  GIFTS, BY OTHERS.] 
 29.30     (a) Any member of the following classes of persons, in the 
 29.31  order of priority listed, may make an anatomical gift of all or 
 29.32  a part of the decedent's body for an authorized purpose, unless 
 29.33  the decedent has made a refusal to make that anatomical gift 
 29.34  that is unrevoked at the time of death: 
 29.35     (1) the spouse of the decedent; 
 29.36     (2) an adult son or daughter of the decedent; 
 30.1      (3) either parent of the decedent; 
 30.2      (4) an adult brother or sister of the decedent; 
 30.3      (5) a grandparent of the decedent; and 
 30.4      (6) a guardian or conservator of the person of the decedent 
 30.5   at the time of death or a health care agent or proxy appointed 
 30.6   by the decedent under a health care directive as defined in 
 30.7   section 145C.01, a living will under chapter 145B, or other 
 30.8   similar document executed in another state and enforceable under 
 30.9   the laws of this state. 
 30.10     (b) An anatomical gift may not be made by a person listed 
 30.11  in paragraph (a) if: 
 30.12     (1) a person in a prior class is available at the time of 
 30.13  death to make an anatomical gift; 
 30.14     (2) the person proposing to make an anatomical gift knows 
 30.15  of a refusal or contrary indications by the decedent; or 
 30.16     (3) the person proposing to make an anatomical gift knows 
 30.17  of an objection to making an anatomical gift by a member of the 
 30.18  person's class or a prior class. 
 30.19     (c) An anatomical gift by a person authorized under 
 30.20  paragraph (a) must be made by (i) a document of gift signed by 
 30.21  the person, or (ii) the person's telegraphic, recorded 
 30.22  telephonic, or other recorded message, or other form of 
 30.23  communication from the person that is contemporaneously reduced 
 30.24  to writing and signed by the recipient. 
 30.25     (d) An anatomical gift by a person authorized under 
 30.26  paragraph (a) may be revoked by any member of the same or a 
 30.27  prior class if, before procedures have begun for the removal of 
 30.28  a part from the body of the decedent, the physician, surgeon, 
 30.29  technician, or enucleator removing the part knows of the 
 30.30  revocation. 
 30.31     (e) A failure to make a decision as to an anatomical gift 
 30.32  under paragraph (a) is not an objection to the making of an 
 30.33  anatomical gift. 
 30.34     Sec. 33.  [REPEALER.] 
 30.35     Minnesota Statutes 1996, section 145C.05, subdivision 1, is 
 30.36  repealed. 
 31.1      Sec. 34.  [EFFECT OF AMENDMENTS.] 
 31.2      A document executed prior to August 1, 1998, that purports 
 31.3   to be a living will under Minnesota Statutes, chapter 145B, a 
 31.4   durable power of attorney for health care under Minnesota 
 31.5   Statutes, chapter 145C, or a declaration regarding intrusive 
 31.6   mental health treatment under Minnesota Statutes, section 
 31.7   253B.03, subdivision 6a, is valid if the document: 
 31.8      (1) complied with the law in effect on the date it was 
 31.9   executed; or 
 31.10     (2) complies with the requirements of Minnesota Statutes, 
 31.11  section 145C.03. 
 31.12     If the document complied with the law in effect on the date 
 31.13  it was executed but does not also comply with the requirements 
 31.14  of Minnesota Statutes, section 145C.03, it shall be given effect 
 31.15  in accordance with the laws in effect on the date it was 
 31.16  executed, unless the document provides otherwise. 
 31.17     Nothing in sections 1 to 34 impairs the evidentiary effect 
 31.18  under common law or reasonable medical practice with respect to 
 31.19  other written or oral expressions of an individual's desires 
 31.20  regarding health care. 
 31.21     Sec. 35.  [EFFECTIVE DATE.] 
 31.22     Sections 1 to 34 are effective August 1, 1998.