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Your physician will give you information and advice about treatment. You choose the best options for you. You can say "yes" to treatments you want. You can say "no" to any treatments you don't want - even if the treatment might keep you alive longer. Whatever you choose, you will continue to get the highest quality care that the hospital can provide.
Before you decide to get any treatment, you must be given the following:
- a description of the treatment.
- the benefits and risks you are likely to have.
- a description of alternative treatments and their risks and benefits.
- the likely results of going without treatment.
- how likely the treatment will succeed.
- major problems you might have with the treatment and recovery.
Choosing the care that is right for you
Your physician will tell you what different treatments can do for you. Many treatments have side effects, and your doctor must tell you about serious side effects or problems the treatment is likely to cause you.
Often, there is more than one treatment that might help you. Each person may have a different idea of what is best. Your physician cannot tell you which treatment you want - or even if you want any treatment at all. That decision belongs to you, and it depends on your values. Sometimes people have to choose between things like being independent, being free of pain, living as long as possible, or being able to recognize and speak with family and friends.
If you can't decide about health care because you are ill or hurt, others will have to choose for you. But you have the right to plan ahead. If you do, your physician and others will know what you would have wanted. In Minnesota, you can do that by executing a health care directive or establishing a conservator or guardian.
Guardians and conservators
A guardian is a person named by a court to decide for you when you can't decide for yourself. A conservator is like a guardian but has more limited powers to make decisions. A court will name a guardian or conservator only if someone starts a court action to do so. Your family or others may start the court action so that your physician will know who can make treatment decisions.
The information that follows tells about health care directives and how to prepare them. It does not give every detail of the law.
Questions and answers about Minnesota Law
Minnesota law allows you to inform others of your health care wishes. You have the right to state your wishes or appoint an agent in writing so that others will know what you want if you can't tell them because of illness or injury. The information that follows tells about health care directives and how to prepare them in this pamphlet. It does not give every detail of the law.
If you want more information, contact your health care provider, your attorney, or the Minnesota Board on Aging's Senior LinkAge Line(r) at 1 (800) 333-2433.
You may also direct questions to the Facility and Provider Compliance Division Director, Minnesota Department of Health, 85 E. Seventh Place, P.O. Box 64900, St. Paul, MN 55164-0900.
What is a health care directive?
A health care directive is a written document that informs others of your wishes about your health care. It allows you to name a person ("agent") to decide for you if you are unable to decide. It also allows you to name an agent if you want someone else to decide for you. You must be at least 18 years old to make a health care directive.
A health care directive is a written direction you give in advance about the kinds of health care you would or would not want. Your physician will use these directions if you can't decide for yourself.
Why have a health care directive?
A health care directive is important if your attending physician determines you can't communicate your health care choices (because of physical or mental incapacity).
If you do not have a health care directive and can't make your own health care choices, your physician will probably talk to your family about what treatment is best for you. If there is disagreement, someone may seek appointment of a guardian or conservator. If this happens you have no control over who will be named, and you can't be sure your wishes will be followed.
Must I have a health care directive? What happens if I don't have one?
You don't have to have a health care directive. But, writing one helps to make sure your wishes are followed.
You will still receive medical treatment if you don't have a written directive. Health care providers will listen to what people close to you say about your treatment preferences, but the best way to be sure your wishes are followed is to have a health care directive.
Where can I obtain a health care directive?
There are forms for health care directives. You can get them from your health care provider, attorney or the Minnesota Board on Aging's Senior LinkAge Line, 1 (800) 333-2433 or by accessing the Board on Aging's Web site. You don't have to use a form, but your health care directive must meet the following requirements to be legal:
- be in writing and dated;
- state your name;
- be signed by you or someone you authorize to sign for you, when you can understand, and communicate your health care wishes;
- have your signature verified by a notary public or two witnesses; and
- include the appointment of an agent to make health care decisions for you or instructions about the health care choices you wish to make.
Before you prepare or revise your directive, you should discuss your health care wishes with your doctor or other health care provider.
I prepared my directive in another state. Is it still good?
Health care directives prepared in other states are legal if they meet the requirements of the state's laws or the Minnesota requirements. But requests for assisted suicides will not be followed.
What can I put in a health care directive?
You have many choices of what to put your health care directive. For example, you may include:
- the person you trust as your agent to make health care decisions for you. You can name alternate agents in case the first agent is unavailable, or joint agents;
- your goals, values and preferences health care;
- the types of medical treatment you would want (or not want);
- how you want your agent or agents to decide;
- where you want to receive care;
- instructions about artificial nutrition and hydration;
- mental health treatments that use electroshock therapy or neuroleptic medications;
- instructions if you are pregnant;
- donation of organs, tissues and eyes;
- funeral arrangements; and
- who you would like as your guardian or conservator if there is a court action.
You may be as specific or as general as you wish. You can choose which issues or treatments to deal with in your health care directive.
Are there any limits to what I can put in my health care directive?
There are some limits about what you can put in your health care directive.
For instance:
- your agent must be at least 18 years old;
- your agent cannot be your health care provider, unless the health care provider is a family member or you give reasons for the naming of the agent in your directive;
- you cannot request health care treatment that is outside of reasonable medical practice; and
- you cannot request assisted suicide.
How long does a health care directive last? Can I change it?
Your health care directive lasts until you change or cancel it. As long as the health care directive requirements are listed above, you may cancel your directive by any of the following:
- a written statement saying you want to cancel it;
- destroying it;
- telling at least two other people you want to cancel it; or
- writing a new health care directive.
- What if my health care provider refuses to follow my health care directive?
Your health care provider must follow your health care directive, or any instructions from your agent, as long as the health care follows reasonable medical practice. But, you or your agent cannot request treatment that will not help you or which the provider cannot provide. If the provider cannot follow your agent's directions about life-sustaining treatment, the provider must inform the agent. The provider must also allow document the notice in your medical record. The provider must allow the agent to arrange to transfer you to another provider who will follow the agent's directions.
What if I've already prepared a health care document? Is it still good?
Before Aug. 1, 1998, Minnesota law provided for several other types of directives, including living will durable health care powers of attorney and mental health declarations. The law changed so people can use one form for all their health care instructions.
Forms created before Aug. 1, 1998 are still legal if they followed the law in effect when written. They are also legal if they meet requirements of the new law (described above). You may want to review any documents to make sure they say what you want and meet all requirements.
What should I do with my health care directive after I've signed it?
You should inform others of your health care directive and give people copies of it. You may wish to inform family members, your health care agent or agents, and your health care providers that you have a health care directive. You should give them a copy. It's a good idea to review and update your directive as your needs change. Keep it in a safe place where it is easily found.
Questions?
If you have any other questions about your own unique situation, your options, or health care directives that aren't answered above, contact your physician, other health care provider, attorney or other qualified advisor. These people should be able to answer most of your questions.
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