Minnesota estate plans often begin with testamentary instruments. People draft wills or establish trusts to control the descent of their property after they die. They can select personal representatives and guardians to care for their children. These basic steps help ensure the well-being of those left behind when a testator passes.
Many people expand on those basic documents by adding legal instruments that take effect during a personal emergency. People may experience medical events or unusual situations, such as car crashes, that leave them incapacitated and in need of support from others. In those situations, an advanced directive can prove invaluable. Minnesota has a specialized document that serves as a legally enforceable advance directive during times of incapacitation.
What purposes do advance directives serve?
The document combines two key functions
In other jurisdictions, people may have to execute two separate documents to achieve what they can with a Minnesota advance directive. The document includes the same opportunities as a living will and also durable medical powers of attorney.
A living will is a legal instrument that takes effect during incapacitation. It describes the medical preferences of an individual so that their agent or the professionals providing their treatments can make informed decisions. People may have strong wishes about life support, pain management or even blood transfusions in some cases.
Instead of relying on a spouse to recall an individual’s medical preferences during a stressful time, the principal drafting the documents can leave clear instructions about their wishes so there is little confusion about their desires. The principal also has space to explain their medical priorities, spiritual beliefs and other information that can help their selected agent make appropriate decisions in a difficult situation.
The advance directive form also allows people to designate agents or attorneys-in-fact to act on their behalf. Should the principal become incapacitated, the person they nominated has the authority to make decisions about their medical care. They can also name an alternate in case their primary candidate is unavailable for some reason. Durable documents retain their legal authority even if an individual becomes permanently incapacitated.
An advanced directive can protect people concerned about medical emergencies and those with unique medical wishes. Expanding an estate plan to include multiple documents can help people protect themselves in a variety of different challenging circumstances.
