reglab/housing_qa huggingface dataset:
MN Stat § 145B.06 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.06 — Compliance With Living Will.

145B.06 COMPLIANCE WITH LIVING WILL. Subdivision 1. By health care provider. (a) A physician or other health care provider shall make the living will a part of the declarant's medical record. If the physician or other health care provider is unwilling at any time to comply with the living will, the physician or health care provider must promptly notify the declarant and document the notification in the declarant's medical record. After notification, if a competent declarant fails to transfer to a different physician or provider, the physician or provider has no duty to transfer the patient. (b) If a physician or other health care provider receives a living will from a competent declarant and does not advise the declarant of unwillingness to comply, and if the declarant then becomes incompetent or otherwise unable to seek transfer to a different physician or provider, the physician or other health care provider who is unwilling to comply with the living will shall promptly take all reasonable steps to transfer care of the declarant to a physician or other health care provider who is willing to comply with the living will. Subd. 2. By proxy. A proxy designated to make health care decisions and who agrees to serve as proxy may make health care decisions on behalf of a declarant to the same extent that the declarant could make the decision, subject to limitations or conditions stated in the living will. In exercising this authority, the proxy shall act consistently with any desires the declarant expresses in the living will or otherwise makes known to the proxy. If the declarant's desires are unknown, the proxy shall act in the best interests of the declarant. History:  1989 c 3 s 6; 1991 c 148 s 6
MN Stat § 145B.07 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.07 — Transfer Of Care.

145B.07 TRANSFER OF CARE. If a living will is delivered to a physician or other health care provider who transfers care of patients to other health care providers, or if a living will is delivered to a health care provider, including a health care facility or HMO that delivers patient care through an arrangement with individual providers, the physician or other health care provider receiving a living will shall make reasonable efforts: (1) to ensure that an agreement with the patient to comply with the living will will be honored by others who provide health care to that patient; or (2) to identify and deliver the living will to the individual providers and facilitate the declarant's discussion with those individuals whose agreement to comply with the living will is required. History:  1989 c 3 s 7; 1991 c 148 s 6
MN Stat § 145B.08 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.08 — Access To Medical Information By Proxy.

145B.08 ACCESS TO MEDICAL INFORMATION BY PROXY. Unless a living will under this chapter provides otherwise, a proxy has the same rights as the declarant to receive information regarding proposed health care, to receive and review medical records, and to consent to the disclosure of medical records for purposes related to the declarant's health care or insurance. History:  1989 c 3 s 8; 1991 c 148 s 6
MN Stat § 145B.09 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.09 — Revocation.

145B.09 REVOCATION. Subdivision 1. General. A living will under this chapter may be revoked in whole or in part at any time and in any manner by the declarant, without regard to the declarant's physical or mental condition. A revocation is effective when the declarant communicates it to the attending physician or other health care provider. The attending physician or other health care provider shall note the revocation as part of the declarant's medical record. Subd. 2. Effect of marriage dissolution or annulment on designation of proxy. Unless a living will under this chapter expressly provides otherwise, if after executing a living will the declarant's marriage is dissolved or annulled, the dissolution or annulment revokes any designation of the former spouse as a proxy to make health care decisions for the declarant. History:  1989 c 3 s 9; 1991 c 148 s 6
MN Stat § 145B.105 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.105 — Penalties.

145B.105 PENALTIES. Subdivision 1. Gross misdemeanor offenses. Whoever commits any of the following acts is guilty of a gross misdemeanor: (1) willfully conceals, cancels, defaces, or obliterates a living will of a declarant without the consent of the declarant; (2) willfully conceals or withholds personal knowledge of a revocation of a living will; (3) falsifies or forges a living will or a revocation of a living will; (4) coerces or fraudulently induces another to execute a living will; or (5) requires or prohibits the execution of a living will as a condition for being insured for or receiving all or some health care services. Subd. 2. Felony offenses. Whoever commits an act prohibited under subdivision 1 is guilty of a felony if the act results in bodily harm to the declarant or to the person who would have been a declarant but for the unlawful act. History:   1993 c 312 s 1
MN Stat § 145B.11 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.11 — Effect On Insurance.

145B.11 EFFECT ON INSURANCE. The making or effectuation of a living will under this chapter does not affect the sale, procurement, issuance, or validity of a policy of life insurance or annuity, nor does it affect, impair, or modify the terms of an existing policy of life insurance or annuity or the liability of the party issuing the policy or annuity contract. History:  1989 c 3 s 11; 1991 c 148 s 6
MN Stat § 145B.12 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.12 — What If There Is No Living Will Or Proxy?

145B.12 WHAT IF THERE IS NO LIVING WILL OR PROXY? Subdivision 1. No presumption created. If an individual has not executed or has revoked a living will under this chapter, a presumption is not created with respect to: (1) the individual's intentions concerning the provision of health care; or (2) the appropriate health care to be provided. Subd. 2. Nutrition or hydration. Nothing in this chapter shall be construed to authorize or justify the withholding or withdrawal of artificially administered nutrition or hydration from any person who has not issued a living will or designated a proxy under this chapter. History:  1989 c 3 s 12; 1991 c 148 s 6
MN Stat § 145B.13 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.13 — Reasonable Medical Practice Required.

145B.13 REASONABLE MEDICAL PRACTICE REQUIRED. In reliance on a patient's living will, a decision to administer, withhold, or withdraw medical treatment after the patient has been diagnosed by the attending physician or advanced practice registered nurse to be in a terminal condition must always be based on reasonable medical practice, including: (1) continuation of appropriate care to maintain the patient's comfort, hygiene, and human dignity and to alleviate pain; (2) oral administration of food or water to a patient who accepts it, except for clearly documented medical reasons; and (3) in the case of a living will of a patient that the attending physician or advanced practice registered nurse knows is pregnant, the living will must not be given effect as long as it is possible that the fetus could develop to the point of live birth with continued application of life-sustaining treatment. History:  1989 c 3 s 13; 1991 c 148 s 6; 2020 c 115 art 4 s 67
MN Stat § 145B.14 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.14 — Certain Practices Not Condoned.

145B.14 CERTAIN PRACTICES NOT CONDONED. Nothing in this chapter may be construed to condone, authorize, or approve mercy killing, euthanasia, suicide, or assisted suicide. History:   1989 c 3 s 14
MN Stat § 145B.15 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.15 — Recognition Of Previously Executed Living Will.

145B.15 RECOGNITION OF PREVIOUSLY EXECUTED LIVING WILL. A living will that substantially complies with section 145B.03, but is made before August 1, 1989, is an effective living will under this chapter. History:  1989 c 3 s 15; 1991 c 148 s 6
MN Stat § 145B.16 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.16 — Recognition Of Document Executed In Another State.

145B.16 RECOGNITION OF DOCUMENT EXECUTED IN ANOTHER STATE. A living will executed in another state is effective if it substantially complies with this chapter. History:  1989 c 3 s 16; 1991 c 148 s 6
MN Stat § 145B.17 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145B — Living Will|Section 145B.17 — Existing Rights.

145B.17 EXISTING RIGHTS. Nothing in this chapter impairs or supersedes the existing rights of any patient or any other legal right or legal responsibility a person may have to begin, continue, withhold, or withdraw health care. Nothing in this chapter prohibits lawful treatment by spiritual means through prayer in lieu of medical or surgical treatment when treatment by spiritual means has been authorized by the declarant. History:   1989 c 3 s 17
MN Stat § 145C.02 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.02 — Health Care Directive.

145C.02 HEALTH CARE DIRECTIVE. A principal with the capacity to do so may execute a health care directive. A health care directive may include one or more health care instructions to direct health care providers, others assisting with health care, family members, and a health care agent. A health care directive may include a health care power of attorney to appoint a health care agent to make health care decisions for the principal when the principal, in the judgment of the principal's attending physician or advanced practice registered nurse, lacks decision-making capacity, unless otherwise specified in the health care directive. History:  1993 c 312 s 3; 1998 c 399 s 12; 2020 c 115 art 4 s 68
MN Stat § 145C.03 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.03 — Requirements.

145C.03 REQUIREMENTS. Subdivision 1. Legal sufficiency. To be legally sufficient in this state, a health care directive must: (1) be in writing; (2) be dated; (3) state the principal's name; (4) be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal; (5) contain verification of the principal's signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and (6) include a health care instruction, a health care power of attorney, or both. Subd. 2. Individuals ineligible to act as health care agent. (a) An individual appointed by the principal under section 145C.05, subdivision 2, paragraph (b), to make the determination of the principal's decision-making capacity is not eligible to act as the health care agent. (b) The following individuals are not eligible to act as the health care agent, unless the individual appointed is related to the principal by blood, marriage, registered domestic partnership, or adoption, or unless the principal has otherwise specified in the health care directive: (1) a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal; or (2) an employee of a health care provider attending the principal on the date of execution of the health care directive or on the date the health care agent must make decisions for the principal. Subd. 3. Individuals ineligible to act as witnesses or notary public. (a) A health care agent or alternate health care agent appointed in a health care power of attorney may not act as a witness or notary public for the execution of the health care directive that includes the health care power of attorney. (b) At least one witness to the execution of the health care directive must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution. A person notarizing a health care directive may be an employee of a health care provider providing direct care to the principal. History:  1993 c 312 s 4; 1998 c 399 s 13
MN Stat § 145C.04 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.04 — Executed In Another State.

145C.04 EXECUTED IN ANOTHER STATE. (a) A health care directive or similar document executed in another state or jurisdiction is legally sufficient under this chapter if it: (1) complies with the law of the state or jurisdiction in which it was executed; or (2) complies with section 145C.03. (b) Nothing in this section shall be interpreted to authorize a directive or similar document to override the provisions of section 609.215 prohibiting assisted suicide. History:  1993 c 312 s 5; 1998 c 399 s 14
MN Stat § 145C.06 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.06 — When Effective.

145C.06 WHEN EFFECTIVE. A health care directive is effective for a health care decision when: (1) it meets the requirements of section 145C.03, subdivision 1; and (2) the principal, in the determination of the attending physician or advanced practice registered nurse of the principal, lacks decision-making capacity to make the health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met. A health care directive is not effective for a health care decision when the principal, in the determination of the attending physician or advanced practice registered nurse of the principal, recovers decision-making capacity; or if other conditions for effectiveness otherwise specified by the principal have been met. History:  1993 c 312 s 7; 1998 c 399 s 17; 2020 c 115 art 4 s 70
MN Stat § 145C.07 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.07 — Authority And Duties Of Health Care Agent.

145C.07 AUTHORITY AND DUTIES OF HEALTH CARE AGENT. Subdivision 1. Authority. The health care agent has authority to make any particular health care decision only if the principal lacks decision-making capacity, in the determination of the attending physician or advanced practice registered nurse, to make or communicate that health care decision; or if other conditions for effectiveness otherwise specified by the principal have been met. The physician, advanced practice registered nurse, or other health care provider shall continue to obtain the principal's informed consent to all health care decisions for which the principal has decision-making capacity, unless other conditions for effectiveness otherwise specified by the principal have been met. An alternate health care agent has authority to act if the primary health care agent is not reasonably available to act. Subd. 2. Health care agent as guardian. Unless the principal has otherwise specified in the health care directive, the appointment of the health care agent in a health care directive is considered a nomination of a guardian for purposes of sections 524.5-101 to 524.5-502. Subd. 3. Duties. In exercising authority under a health care directive, a health care agent has a duty to act in good faith. A health care agent or any alternate health care agent has a personal obligation to the principal to make health care decisions authorized by the health care power of attorney, but this obligation does not constitute a legal duty to act. Subd. 4. Inconsistencies among documents. In the event of inconsistency between the appointment of a proxy under chapter 145B or section 253B.03, subdivision 6d, or of a health care agent under this chapter, the most recent appointment takes precedence. In the event of other inconsistencies among documents executed under this chapter, under chapter 145B, or under sections 253B.03, subdivision 6d, or 524.5-101 to 524.5-502, or other legally sufficient documents, the provisions of the most recently executed document take precedence only to the extent of the inconsistency. Subd. 5. Visitation. A health care agent may visit the principal when the principal is a patient in a health care facility regardless of whether the principal retains decision-making capacity, unless: (1) the principal has otherwise specified in the health care directive; (2) a principal who retains decision-making capacity indicates otherwise; or (3) a health care provider reasonably determines that the principal must be isolated from all visitors or that the presence of the health care agent would endanger the health or safety of the principal, other patients, or the facility in which the care is being provided. History:  1993 c 312 s 8; 1998 c 399 s 18; 2004 c 146 art 3 s 4,5; 2007 c 147 art 9 s 23; 2020 c 115 art 4 s 71
MN Stat § 145C.08 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.08 — Authority To Review Medical Records.

145C.08 AUTHORITY TO REVIEW MEDICAL RECORDS. A health care agent acting pursuant to a health care directive has the same right as the principal to receive, review, and obtain copies of medical records of the principal, and to consent to the disclosure of medical records of the principal, unless the principal has otherwise specified in the health care directive. History:  1993 c 312 s 9; 1998 c 399 s 19
MN Stat § 145C.09 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.09 — Revocation Of Health Care Directive.

145C.09 REVOCATION OF HEALTH CARE DIRECTIVE. Subdivision 1. Revocation. A principal with the capacity to do so may revoke a health care directive in whole or in part at any time by doing any of the following: (1) canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health care directive instrument or directing another in the presence of the principal to destroy the health care directive instrument, with the intent to revoke the health care directive in whole or in part; (2) executing a statement, in writing and dated, expressing the principal's intent to revoke the health care directive in whole or in part; (3) verbally expressing the principal's intent to revoke the health care directive in whole or in part in the presence of two witnesses who do not have to be present at the same time; or (4) executing a subsequent health care directive, to the extent the subsequent instrument is inconsistent with any prior instrument. Subd. 2. Effect of marriage dissolution, annulment, or termination of domestic partnership. Unless the principal has otherwise specified in the health care directive, the appointment by the principal of the principal's spouse or registered domestic partner as health care agent under a health care power of attorney is revoked by the commencement of proceedings for dissolution, annulment, or termination of the principal's marriage or commencement of proceedings for termination of the principal's registered domestic partnership. Subd. 3. Power of a court to declare a health care directive unenforceable. A court may declare a health care directive unenforceable if it finds, by clear and convincing evidence, that the health care directive was executed under coercion or fraudulent inducement as prohibited by section 145C.13, subdivision 1, clause (4), or if it finds that the health care directive is not legally sufficient under section 145C.03 or 145C.04. History:  1993 c 312 s 10; 1998 c 399 s 20; 2003 c 12 art 2 s 1; 2010 c 254 s 1
MN Stat § 145C.10 (2021)
2021 Minnesota Statutes|Chapters 144 - 159 — Health|Chapter 145C — Health Care Directives|Section 145C.10 — Presumptions.

145C.10 PRESUMPTIONS. (a) The principal is presumed to have the capacity to execute a health care directive and to revoke a health care directive, absent clear and convincing evidence to the contrary. (b) A health care provider or health care agent may presume that a health care directive is legally sufficient absent actual knowledge to the contrary. A health care directive is presumed to be properly executed, absent clear and convincing evidence to the contrary. (c) A health care agent, and a health care provider acting pursuant to the direction of a health care agent, are presumed to be acting in good faith, absent clear and convincing evidence to the contrary. (d) A health care directive is presumed to remain in effect until the principal modifies or revokes it, absent clear and convincing evidence to the contrary. (e) This chapter does not create a presumption concerning the intention of an individual who has not executed a health care directive and, except as otherwise provided by section 145C.15, does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a health care directive. (f) A copy of a health care directive is presumed to be a true and accurate copy of the executed original, absent clear and convincing evidence to the contrary, and must be given the same effect as an original. (g) When a patient lacks decision-making capacity and is pregnant, and in reasonable medical judgment there is a real possibility that if health care to sustain her life and the life of the fetus is provided the fetus could survive to the point of live birth, the health care provider shall presume that the patient would have wanted such health care to be provided, even if the withholding or withdrawal of such health care would be authorized were she not pregnant. This presumption is negated by health care directive provisions described in section 145C.05, subdivision 2, paragraph (a), clause (10), that are to the contrary, or, in the absence of such provisions, by clear and convincing evidence that the patient's wishes, while competent, were to the contrary. History:  1993 c 312 s 11; 1998 c 399 s 21