Official Minnesota Advance Directive Form | Step-by-Step Guide
Medical care instructions if you become incapacitated
Document Preview
ADVANCE DIRECTIVE FOR HEALTHCARE State of Minnesota PART I — APPOINTMENT OF HEALTHCARE AGENT I, [YOUR NAME], of [ADDRESS], Minnesota MN, appoint the following person as my Healthcare Agent: Agent Name: [AGENT NAME] Address: [AGENT ADDRESS] Phone: [PHONE] Alternate Agent: [ALTERNATE NAME] Address: [ALTERNATE ADDRESS] Phone: [PHONE] My Healthcare Agent is authorized to make all healthcare decisions for me when I am unable to do so, including decisions about life-sustaining treatment. PART II — INSTRUCTIONS FOR HEALTHCARE If I am terminally ill or permanently unconscious: [ ] I DO want life-sustaining treatment [ ] I DO NOT want life-sustaining treatment [ ] I want treatment only if my doctor believes it will improve my condition Artificial Nutrition and Hydration: [ ] I DO want artificial nutrition and hydration [ ] I DO NOT want artificial nutrition and hydration Pain Management: I want all measures taken to keep me comfortable and free from pain, even if such measures hasten my death. Organ Donation: [ ] I wish to donate my organs and tissues [ ] I do not wish to donate my organs PART III — GENERAL PROVISIONS This directive is made in accordance with Minnesota law (MN Statutes). It shall remain in effect until revoked. DECLARANT SIGNATURE: _____________________ DATE: _____ WITNESS 1: _____________________ DATE: _____ WITNESS 2: _____________________ DATE: _____ NOTARY (if required in Minnesota): Subscribed and sworn before me this ___ day of _______, 20__. Notary Public: _____________________
Sarah Mitchell, J.D.
Legal Document Specialist
Licensed Attorney, 15+ years experience
Specializes in contract law and legal document preparation
This Advance Directive template for Minnesota has been reviewed for accuracy and legal compliance.
Last reviewed: March 2026
Advance Directive Costs in Minnesota
Estimated fees and processing times
| Fee Type | Cost | Notes |
|---|---|---|
| Notary Fee | $5-$15 (if required) | Minnesota standard rate: $5-$10 |
| Filing Fee | Varies by state | State registration (if applicable) |
| Processing Time | 1-3 business days | Typical turnaround in Minnesota |
| Sales Tax | 6.875% | Minnesota base rate (local taxes may apply) |
| Witness Requirement | 1 witness | Single witness sufficient |
| Our Template | FREE | Download instantly, no cost |
FAQ: Advance Directive in Minnesota
Is a Advance Directive required in Minnesota?
Yes, in Minnesota, a Advance Directive is required for most transactions of this type. Under Minnesota State Code, the document must include all parties' information, be signed, and witnessed by at least one individual. Failure to use a proper Advance Directive may result in legal complications.
Does a Advance Directive need to be notarized in Minnesota?
Notarization requirements in Minnesota (MN) vary by transaction type. Notary fees in the state typically range from $5-$10. While not always mandatory, notarization adds an extra layer of legal protection and is recommended for high-value transactions.
What are the tax implications of a Advance Directive in Minnesota?
Minnesota has a base sales tax rate of 6.875%. Depending on the type of transaction documented in your Advance Directive, additional local taxes may apply. Consult with a Minnesota tax professional for specific guidance on your situation.
Is an advance directive the same as a living will?
An advance directive is a broader document that typically includes both a living will (treatment preferences) and a healthcare power of attorney (appointing a decision-maker). Some states combine these into one form.
When does an advance directive take effect?
An advance directive takes effect only when you are unable to communicate your own healthcare decisions, typically due to unconsciousness, severe illness, or cognitive impairment. Your doctor must determine you lack decision-making capacity.
Do hospitals have to follow my advance directive?
Yes, healthcare providers are legally required to follow valid advance directives in all states. However, a provider may refuse on moral grounds but must transfer your care to another provider who will honor your wishes.
Minnesota Advance Directive Legal Guide
In Minnesota, this document is legally binding under local statutes and provides essential protection for both parties involved in the transaction.
Minnesota law (Minnesota State Code) governs this Advance Directive. Key financial considerations include a 6.875% sales tax rate and notary fees of $5-$10. The document requires 1 witness and remains valid indefinite.
By utilizing this state-specific template, you avoid common mistakes that could invalidate your document in Minnesota.
How to Complete This Form
Start by gathering all necessary information: party names, addresses, and relevant details specific to your transaction. Minnesota law under MN requires accuracy in every field. Once completed, have all parties review the document before signing. Depending on the transaction type, Minnesota may require notarization or witness signatures.
Enforceability in Minnesota
A Advance Directive that meets all MN requirements is fully enforceable in Minnesota. Courts in Minnesota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Expert Recommendations
Legal professionals in Minnesota recommend:
- Always use a state-specific template compliant with MN statutes
- Have documents reviewed before signing high-value agreements
- File copies with the appropriate Minnesota government office when required
- Update your documents annually to reflect any changes in MN law
What Minnesota Law Requires
Minnesota's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under MN law can render the document unenforceable.
A Advance Directive that meets all MN requirements is fully enforceable in Minnesota. Courts in Minnesota have consistently upheld documents that demonstrate clear intent, proper execution, and compliance with state formalities. Keep your original signed copy in a secure location.
Expert Recommendations
Legal professionals in Minnesota recommend:
- Always use a state-specific template compliant with MN statutes
- Have documents reviewed before signing high-value agreements
- File copies with the appropriate Minnesota government office when required
- Update your documents annually to reflect any changes in MN law
What Minnesota Law Requires
Minnesota's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under MN law can render the document unenforceable.
Minnesota's statutes are clear: a valid Advance Directive must identify all parties by full legal name, include the date of execution, and be signed in the presence of a notary public where applicable. Failure to meet these requirements under MN law can render the document unenforceable.
Where to File Your Advance Directive in Minnesota
Visit your local County Clerk office to file or notarize your Advance Directive.
Minnesota County Clerk
Minnesota Capital
Main Government Building, Minnesota
District County Clerk
Minnesota Metro Area
County Courthouse, MN
Minnesota Advance Directive Requirements
Review the following requirements to ensure your Advance Directive is legally valid in Minnesota.
Minnesota Notarization
While notarization may not be required in Minnesota, it is recommended. Fees range from $5-$10.
Before You Sign
Review all information carefully. In Minnesota, a 6.875% sales tax may apply.
Legal Protection
Keep copies of all signed documents. Minnesota law requires all parties to receive copies of executed documents.
Minnesota Filing Deadlines
Check Minnesota deadlines for filing or recording this document with the appropriate county clerk's office.
Other Forms in Minnesota
Advance Directive in Neighboring States
Document Information
- Document
- Advance Directive
- State
- Minnesota (MN)
- Category
- Estate Planning
- Format
- PDF / Word / Print
- Cost
- 100% Free
- Sales Tax
- 6.875%
- Notary Fee
- $5-$10
Minnesota Legal Requirements
Governing Statute:
State Law
- ✓Consult with a licensed attorney for specific requirements
Legal Disclaimer
This template is for informational purposes only and does not constitute legal advice. Laws in Minnesota may change. Consult a licensed attorney for advice specific to your situation.