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Healthcare Directives
Healthcare Directives: Ensuring Your Wishes Are Honored
Healthcare directives—often called advance directives or living wills—are cornerstone documents in any comprehensive incapacity plan. They allow you to clearly articulate your preferences for medical treatment and end‑of‑life care. By specifying whether you want interventions such as life support, resuscitation, or artificial nutrition, you give medical providers unambiguous guidance and spare loved ones from agonizing guesswork during critical moments.
A complete healthcare directive package consists of two key components:
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Instructions for Healthcare Agent: A written statement of your treatment preferences under varying medical scenarios (e.g., terminal illness, permanent unconsciousness).
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Healthcare Power of Attorney: The formal appointment of a trusted agent empowered to make healthcare decisions on your behalf if you lack capacity.
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HIPAA authorization: explicitly permits your healthcare agent to review your medical history, discuss treatment options with providers, and obtain test results.
Including detailed instructions for your healthcare agent ensures that your values and beliefs inform every choice—ranging from pain management to preferred care settings—while reducing potential family conflicts and delays in care.
HIPAA Authorization: Granting Access to Medical Records
Federal privacy law (HIPAA) protects your medical information but can unintentionally block family members and designated agents from accessing critical records in emergencies. A standalone HIPAA authorization signed alongside your healthcare directive explicitly permits your agent to review your medical history, discuss treatment options with providers, and obtain test results—streamlining decision‑making when time is of the essence.
Why Healthcare Planning Matters in Minnesota
Without a healthcare directive and HIPAA authorization, Minnesota families often face court‑ordered guardianship proceedings to gain decision‑making authority—an expensive, time‑consuming, and emotionally draining process. State resources (including the Minnesota Department of Health’s advance directive forms) are readily available, but legal guidance helps ensure documents are properly executed, unambiguous, and tailored to your unique needs.
Next Steps: Creating Your Healthcare Directive
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Reflect on your values and treatment preferences.
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Choose a healthcare agent and successor agent you trust implicitly.
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Complete and notarize Minnesota’s advance directive and HIPAA release forms.
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Share copies with your agent, family members, and healthcare providers.
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Review and update your directives whenever your health or circumstances change.
By establishing clear healthcare directives now, you preserve autonomy over your medical care, relieve loved ones of uncertainty, and safeguard your wishes—no matter what the future holds.