Putting It In Writing First
Minn. Stat. 145C.03 — a notary or witnesses, and the agent is neither
In Minnesota, a health care directive is legally sufficient if it is in writing, dated, states the principal's name, is signed by a principal with capacity or someone they authorize, has the signature verified by a notary public or by witnesses, and includes a health care instruction, a health care power of attorney, or both.
Who may not witness or notarize. A health care agent or alternate named in the directive may not act as a witness or notary for it. At least one witness must not be a health care provider giving direct care to the principal, or that provider's employee, though a notary may be such an employee.
| The assumption | What the law actually does |
|---|---|
| The assumptionOnly a notary will do | What the law actually doesA notary or witnesses may verify the signature |
| The assumptionThe agent can sign as a witness | What the law actually doesNeither the agent nor an alternate may witness or notarize |
Who decides when nothing was signed, how a directive is revoked, and the forms a state publishes are not all on this page. Whether a particular document was executed properly is a question for a licensed Minnesota attorney.
Sources for this section (1)
- Minn. Stat. 145C.03 — Health care directives: requirements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Minnesota attorney.