Official Minnesota Living Will Form | Step-by-Step Guide

Healthcare decisions and end-of-life wishes

Sales Tax: 6.875%Notary: $5-$10Witnesses: 1

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LIVING WILL
State of Minnesota

I, [YOUR NAME], being of sound mind, willfully and voluntarily make this Living Will to express my wishes regarding medical treatment.

DECLARANT:
Name: [YOUR NAME]
Address: [ADDRESS]
City, State, ZIP: [CITY], MN [ZIP]
Date of Birth: [DOB]

DECLARATION:
If I am unable to make my own medical decisions and am in a terminal condition or permanent unconscious state, I direct that:

1. LIFE-SUSTAINING TREATMENT
[  ] I DO want life-sustaining treatment
[  ] I DO NOT want life-sustaining treatment

2. ARTIFICIAL NUTRITION AND HYDRATION
[  ] I DO want artificial nutrition and hydration
[  ] I DO NOT want artificial nutrition and hydration

3. PAIN MANAGEMENT
I want all measures taken to keep me comfortable and free from pain.

4. ORGAN DONATION
[  ] I wish to donate my organs
[  ] I do not wish to donate my organs

This Living Will complies with Minnesota advance directive laws (MN Statutes).

DECLARANT SIGNATURE: _____________________ DATE: _____

WITNESS 1: _____________________ DATE: _____
WITNESS 2: _____________________ DATE: _____

NOTARY PUBLIC:
State of Minnesota, County of [COUNTY]
Subscribed and sworn before me this ___ day of _______, 20__.
Notary Signature: _____________________
    
MCE
Reviewed & Fact-Checked

Michael Chen, Esq.

Real Estate Law Consultant

Bar Certified, Real Estate Expert

Expert in property transactions and real estate documentation

This Living Will template for Minnesota has been reviewed for accuracy and legal compliance.

Last reviewed: March 2026

Where to File Your Living Will in Minnesota

Visit your local County Clerk office to file or notarize your Living Will.

Minnesota County Clerk

Minnesota Capital

Main Government Building, Minnesota

District County Clerk

Minnesota Metro Area

County Courthouse, MN

Living Will Costs in Minnesota

Estimated fees and processing times

Fee TypeCostNotes
Notary Fee$5-$15 (if required)Minnesota standard rate: $5-$10
Filing FeeVaries by stateState registration (if applicable)
Processing Time1-3 business daysTypical turnaround in Minnesota
Sales Tax6.875%Minnesota base rate (local taxes may apply)
Witness Requirement1 witnessSingle witness sufficient
Our TemplateFREEDownload instantly, no cost
Fees shown are Minnesota-specific estimates. Contact your local office for exact pricing.

Minnesota Living Will Legal Guide

In Minnesota, this document is legally binding under local statutes and provides essential protection for both parties involved in the transaction.

Under Minnesota State Code, residents of Minnesota must ensure this Living Will complies with all state requirements. The current sales tax rate is 6.875%, and notarization costs between $5-$10. One witness is required in MN.

By utilizing this state-specific template, you avoid common mistakes that could invalidate your document in Minnesota.

healthcare directiveend-of-life decisionsmedical treatmentadvance directivelife supporthealthcare proxy
Minnesota residents searching for a reliable Living Will template have come to the right place. Our form is tailored to MN statutory requirements and updated for 2026, giving you a legally sound starting point.

Completing Your Living Will

The process in Minnesota is straightforward but detail-oriented. Begin with the header information, proceed through each section methodically, and ensure all MN-required fields are completed. Minnesota courts take document completeness seriously — missing information can delay or invalidate your filing.

Legal Validity & Enforcement

Once properly executed, your Living Will is legally binding in Minnesota and enforceable in MN courts. The document remains valid for the duration specified in its terms. Minnesota courts generally uphold properly executed documents, provided they comply with applicable MN statutes.

What Minnesota Attorneys Want You to Know

Practicing lawyers in Minnesota emphasize three things: accuracy, completeness, and compliance with MN statutes. A well-prepared Living Will saves time, money, and potential legal headaches down the road. When in doubt, a brief consultation with a Minnesota-licensed attorney is worth the investment.

Legal Standards in Minnesota

Under MN state code, your Living Will must contain several mandatory elements. Minnesota courts have consistently held that documents missing key provisions — such as proper identification of parties or adequate descriptions — may be challenged or voided entirely.

FAQ: Living Will in Minnesota

Is a Living Will required in Minnesota?

Yes, in Minnesota, a Living Will 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 Living Will may result in legal complications.

Does a Living Will 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 Living Will in Minnesota?

Minnesota has a base sales tax rate of 6.875%. Depending on the type of transaction documented in your Living Will, additional local taxes may apply. Consult with a Minnesota tax professional for specific guidance on your situation.

What is the difference between a living will and a regular will?

A living will addresses medical decisions if you become incapacitated, while a regular will distributes your assets after death. A living will specifies your wishes for life-sustaining treatment, while a will names beneficiaries and an executor.

Do I need witnesses for a living will?

Most states require two witnesses for a living will, and some also require notarization. Witnesses typically cannot be family members, heirs, or your healthcare providers. Check your state's specific requirements for valid execution.

Can I change my living will?

Yes, you can change or revoke your living will at any time while you are mentally competent. You should destroy old copies, create a new document, and provide updated copies to your healthcare providers and designated healthcare agent.

Minnesota Living Will Requirements

Review the following requirements to ensure your Living Will is legally valid in Minnesota.

Notarization required
1 witness must sign
Vehicle identification number (VIN) required
Odometer disclosure mandatory
Buyer and seller signatures required
Purchase price must be stated
Date of sale required
Blue or black ink only
Electronic signatures accepted
County clerk filing required

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.

Document Information

Document
Living Will
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 Advance Directive Law

  • Must be in writing and signed
  • Witnesses required (typically 2)
  • Notarization may be required
  • Must be competent when executing

📊 Living Will vs. Last Will and Testament in Minnesota

Living Will
Last Will
Living Will applies while you're alive
Last Will takes effect after death
Minnesota requires 1 witness for Living Will
Minnesota has specific advance directive laws
Comparison based on Minnesota state law. Requirements may vary by county.

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.