Subdivision 1. By health care provider. (a) A physician or other health care provider shall make the living will a part of the declarant's medical record. If the physician or other health care provider is unwilling at any time to comply with the living will, the physician or health care provider must promptly notify the declarant and document the notification in the declarant's medical record. After notification, if a competent declarant fails to transfer to a different physician or provider, the physician or provider has no duty to transfer the patient.
(b) If a physician or other health care provider receives a living will from a competent declarant and does not advise the declarant of unwillingness to comply, and if the declarant then becomes incompetent or otherwise unable to seek transfer to a different physician or provider, the physician or other health care provider who is unwilling to comply with the living will shall promptly take all reasonable steps to transfer care of the declarant to a physician or other health care provider who is willing to comply with the living will.
Subd. 2. By proxy. A proxy designated to make health care decisions and who agrees to serve as proxy may make health care decisions on behalf of a declarant to the same extent that the declarant could make the decision, subject to limitations or conditions stated in the living will. In exercising this authority, the proxy shall act consistently with any desires the declarant expresses in the living will or otherwise makes known to the proxy. If the declarant's desires are unknown, the proxy shall act in the best interests of the declarant.
1989 c 3 s 6; 1991 c 148 s 6
Structure Minnesota Statutes
Section 145B.011 — Application Of Chapter.
Section 145B.02 — Definitions.
Section 145B.03 — Living Will.
Section 145B.04 — Suggested Form.
Section 145B.05 — When Operative.
Section 145B.06 — Compliance With Living Will.
Section 145B.07 — Transfer Of Care.
Section 145B.08 — Access To Medical Information By Proxy.
Section 145B.11 — Effect On Insurance.
Section 145B.12 — What If There Is No Living Will Or Proxy?
Section 145B.13 — Reasonable Medical Practice Required.
Section 145B.14 — Certain Practices Not Condoned.
Section 145B.15 — Recognition Of Previously Executed Living Will.
Section 145B.16 — Recognition Of Document Executed In Another State.