This is certainly not a pleasant topic.  We hate to think about it or talk about it.  Properly completing a health care directive, however, can be a real gift to yourself and your family.

There are two primary things you can do with a health care directive in Minnesota.  First you can appoint an individual or individuals to make decisions concerning your health care in the event that you are unable to make those decisions yourself.  Secondly, you can state preferences and provide instructions as to how you want your care to be handled in the event that you are no longer able to speak for yourself.  You may appoint someone and also provide instructions and preferences, or you may do one or the other.  For example, you can just appoint someone and leave the rest of the form blank; or you can leave the part appointing someone blank, but fill in the rest about what would be your preferences and desires.

Under the pre-1998 statute, the entire form had to be completed.  Time and again we would go over the form and discuss the options, only to wind up with a very confused and undecided client.  The options as to care focus around two areas:  1) how hard to you want the medical people to work to keep you alive, and 2) how do you feel about being in pain as compared to being mentally alert.  We often heard, "well let me take this home and discuss it with my family."  Then we usually never heard from that client again, or if we did hear from the client it wasn't because they wanted to do a living will.  In most instances the client never would get around to doing a living will.

The current statute makes it easier in that you don't really have to provide any statement as to your preferences as long as you appoint somebody.  Since this option became available, Dave Kelly has been strongly recommending that most clients simply appoint a representative to make the decisions, and also perhaps state whether they want to donate their organs and how they want to be buried.  Then you can just put "intentionally left blank" on the rest of the form.  That way it actually gets completed; and it should work just fine as long as you appoint someone you trust, and as long as you tell that person what your preferences would be.

In other words, just appoint somebody.  That's the easiest way.  Get it done. 

A good time to do a health care directive is when you go do see your lawyer about your will.  Most lawyers will give you a package deal on a will, a health care directive and perhaps a power of attorney.  It's a very good idea to have your lawyer help you complete this document, and to not be doing it entirely on your own. You may also wish to consult your physician and clergyperson. I believe, however, that this is a legal document for which you should have the assistance of a lawyer.

Health care directive forms are available at most doctor's offices and hospitals.  You can also get them at good legal form providers, such as Miller-Davis.  You can also find forms at http://www.mnaging.org/advisor/directive.htm on the web site of the Minnesota Board on Aging.  Kelly Law Office, as always, takes no responsibility for and does not endorse the content of other web sites.