Advance Directives are legal documents that allow you to make known your end-of-life care ahead of time. The state of Minnesota recognizes your right to decide the terms of your own medical treatment and to assign a person to make those decisions when you are not able to do so.
Here are some important questions to consider before beginning this process:
Is this document(s) state specific? No
Does this document(s) need to be notarized? Yes*
Does this document(s) require witnesses? If so, how many? Yes / 2
Can you legally use Aging With Dignity's 5 Wishes Doc? Yes
* Document can have either notarization OR witnesses
There is a single Advance Directive form for Minnesota that you can download by clicking the button below:
(Source: Minnesota Board On Aging)
Death with Dignity laws allow the dying more control of their death and end-of-life decisions. These laws allow terminally-ill, able-minded state residents to request and receive prescription medication to hasten their death.
In Minnesota, Death With Dignity legislation has not been passed nor submitted under a House or Senate bill.
Minnesota law supports the appointment of a designated funeral agent to follow through on your written personal preferences (see below) or make funeral arrangements on your behalf if no written preferences are indicated.
Minnesota law Section 149A.80 obligates, "the duty of final disposition of the body devolves upon, the following in the order of priority listed: (1) the person or persons appointed in a dated written instrument signed by the decedent. Written instrument includes, but is not limited to, a health care directive executed under chapter 145C. If there is a dispute involving more than one written instrument, a written instrument that is witnessed or notarized prevails over a written instrument that is not witnessed or notarized."
The appointment of a designated funeral agent will override the next-of-kin's usual authority and let the citizen designate whom he/she wants to control the disposition of his body.
In Minnesota, County assistance may be available when a person dies with insufficient funds to pay for their final disposition. The amount of money available varies by county.
See our Financial Assistance Chart for more details.
Home funerals, or family led funerals, are 100% legal in Minnesota. Your family or appointed agent may care for the deceased and handle all your funeral arrangements and necessary paperwork (permits and certificates) without a funeral director.
Check with the National Home Funeral Alliance for up-to-date details on how to navigate home funerals in Minnesota.
Personal preference laws for body disposition obligate your survivors to follow your written [or verbal] personal preferences. This often goes hand-in-hand with designating a funeral agent to follow through with your funeral or body disposition preferences.
In Minnesota, your personal preferences must be in writing and should be shared with your spouse, next-of-kin, or designated funeral agent.