1997 Minnesota Statutes

     145C.07 Authority and duties of agent. 

    Subdivision 1.    Authority.  The agent has authority to 
 make any particular health care decision only if the principal 
 is unable, in the determination of the attending physician, to 
 make or communicate that health care decision.  The agent does 
 not have authority to consent to a voluntary commitment under 
 chapter 253B.  The physician or health care provider shall 
 continue to obtain the principal's informed consent to all 
 health care decisions for which the principal is capable of 
 informed consent. 

    Subd. 2.    Agent as guardian.  Except as otherwise 
 provided in the durable power of attorney for health care, 
 appointment of the agent in a durable power of attorney for 
 health care is considered a nomination of a guardian or 
 conservator of the person for purposes of section 525.544. 

    Subd. 3.    Duties.  In exercising the authority under 
 the durable power of attorney for health care, the agent has a 
 duty to act in accordance with the desires of the principal as 
 expressed in the durable power of attorney for health care, as 
 expressed in a living will under chapter 145B or in a 
 declaration regarding intrusive mental health treatment under 
 section 253B.03, subdivision 6d, or as otherwise made known by 
 the principal to the agent at any time.  If the principal's 
 desires are not known or cannot be determined from information 
 known to the agent, the agent has a duty to act in the best 
 interests of the principal taking into account the principal's 
 overall medical condition and prognosis.  An agent or any 
 alternative agent has a personal obligation to the principal to 
 make health care decisions authorized by the durable power of 
 attorney for health care but this obligation does not constitute 
 a legal duty to act. 

    Subd. 4.    Inconsistencies among documents.  In the 
 event of inconsistency between the designation of a proxy under 
 chapter 145B or section 253B.03, subdivision 6d, or of an agent 
 under this chapter, the most recent designation takes 
 precedence.  In the event of other inconsistencies among 
 documents executed under this chapter, under chapter 145B, or 
 under section 253B.03, subdivision 6d, or 525.544, the 
 provisions of the most recently executed document take 
 precedence only to the extent of the inconsistency. 

    HIST: 1993 c 312 s 8