Why Every Minnesota Adult Needs a Health Care Directive

July 8, 2025  |  Kate Frederickson

At Barna, Guzy & Steffen, our estate planning attorneys help people plan for a variety of future scenarios. And while many adults wait until later in life to complete their estate planning documents, there is at least one document that anyone over the age of 18 should have: a health care directive.

What Is a Health Care Directive?

A health care directive is a written document that can do two things: (1) appoint a health care agent to act on your behalf in the event of your incapacity; and (2) outline your wishes regarding your medical care and end-of-life wishes. A health care directive becomes effective upon your incapacity, or when you are unable to communicate your wishes due to illness, injury, or incapacity.

Historically, an individual may have needed a living will and/or a variable healthcare power of attorney to articulate their wishes regarding medical care and life sustaining treatment. In Minnesota, now an individual only needs one document, a healthcare directive, to outline all of their wishes and instructions.

Why Is It Important for Everyone Over 18?

Putting your wishes in writing is the best way to help make sure your preferences are known and followed by family and friends. Many people assume health care directives are only for older adults or those with chronic health conditions. This is a common misconception. Regardless of age or health status (as long as an individual is at least 18 years old and has capacity to direct their care), an individual can benefit from a health care directive.

1. Life is Unpredictable: Accidents, injuries, and sudden, severe illnesses can strike at any age. A young, healthy individual could suddenly be in a situation where they cannot make their own medical decisions. Without a health care directive, these critical choices might fall to family members who may not know your wishes, make decisions that do not align with your wishes, or worse, disagree among themselves.
2. Your Voice Matters: Do you have strong feelings about life-sustaining treatment, pain management, or organ donation? Do you have strong feelings about who should be able to make decisions regarding your medical care? A health care directive allows you to clearly state these preferences and appoint specific people to act as agents to ensure your wishes guide your care.
3. Ease the Burden on Loved Ones: In a crisis, your family and loved ones will be under immense emotional stress. Having a health care directive clearly appoints the agents to have the power to act and removes the burden of guessing what you would want. It provides clear guidance, allowing them to focus on your well-being rather than making difficult, uninformed decisions or having to go to court to get the power necessary to act on your behalf.
4. Avoid Family Disputes: Without clear instructions, family members and loved ones may have different ideas about the best course of action for your care. This can lead to painful disagreements and even legal battles during an already difficult time. A health care directive reduces this risk by clearly outlining your desires.
5. Empower Your Chosen Advocate: A key part of a health care directive in Minnesota is appointing a health care agent. This is someone you trust to make medical decisions for you if you cannot. This person will have the legal authority to communicate with doctors and ensure your wishes are followed. You can also name an alternate agent in your health care directive in case your primary health care agent is not able to act for you. It is important to discuss this role with your chosen agent before naming them in a health care directive to make sure they are willing to serve as your agent. Take time to make sure they understand your wishes and follow your instructions or act in your best interest.

What Does a Health Care Directive Cover?

Your health care directive can be as specific or as general as you wish. The goal is to outline your preferences regarding medical treatment, and the directions you wish to include may differ depending on your age and health.

Here are some items that people often choose to include in their health care directives:

• Designation of a health care agent to make medical decisions for you if you are unable to do so.
• Your general goals and values regarding medical care that may help your health care agent or medical provider make decisions.
• Your wishes regarding life-sustaining measures such as tube feeding, mechanical ventilation, and resuscitation.
• Your preferences for end-of-life care, including palliative care, pain management, and whether you wish to die at home.
• Your wishes regarding final disposition of your remains and organ, eye, and tissue donation.
• Where you want to receive medical care, such as a specific hospital.

Take the First Step

A health care directive is a practical way to care for yourself and your loved ones. It is your right to state your wishes regarding medical care, and doing so provides peace of mind for you, your loved ones, and your medical providers.

The experienced estate planning attorneys at Barna, Guzy & Steffen can help you get started. We’ll guide you through the legal nuances and help you prepare a document that accurately reflects your wishes.

Contact us today to discuss how we can help you secure your future.