A Minnesota Health Care Directive typically does not empower a health care agent to act on behalf of the principle until the principal lacks capacity to make those decisions. That is why it is a good idea to include specific language within the Health Care Directive that addresses this issue. Minnesota Section 145C.08 states that a health care agent acting pursuant to a health care directive has the same authority as the principal to receive, review and obtain copies of the medical records of the principal, and to consent to the disclosure of the medical records of the principal, unless the principal has specified otherwise in the health care directive.
Minnesota Statutes Sec. 145C.05 subdivision 2, clause c allows a principal to authorize a health care agent to make health care decisions for the principal even though the principal retains decision making capacity. Notwithstanding any provision in this health care directive to the contrary, and whether or not I have or retain decision making capacity for any other purpose, I hereby grant my health care agent, and any person named as successor or alternative health care agent in my health care directive, whether or not then acting as my principal health care agent, the authority to: 1) receive, review, obtain copies, and otherwise have access to and obtain disclosure of my health records and any protected health information held in any form, written or oral, regarding any past, present, or future medical or mental health condition, without limitation, by any of my health care providers as if my health care agent were me and 2) to be recognized as my personal representative under Health Insurance Portability and Accountability Act of 1996, 42 USC 1320d by any health care provider, insurance company or health care clearinghouse that has provided treatment or services to me, or that has paid for or is seeking payment from me for such services, or is maintaining any protected information about me, and 3) to execute or otherwise provide specific authorizations or consents for the use and disclosure of my health records and my protected health information by my health care providers and to third parties for any purpose my health care agent deems advisable. This authorization shall not expire and shall remain in effect as long as my health care directive remains in effect.
This example should not be used as a substitute for getting solid legal advice from a licensed attorney. Every individual is different and has different needs. Please consult a lawyer in your area to discuss your specific estate planning needs.
Blake Vanderhyde is an attorney in Minnesota. To learn about Minnesota Probate Lawyer please visit our website.
