2005 Minnesota Statutes - 145C.07 — Authority and duties of health care agent.

     145C.07 Authority and duties of health care agent. 


    Subdivision 1.    Authority.  The health care agent has 
 authority to make any particular health care decision only if 
 the principal lacks decision-making capacity, in the 
 determination of the attending physician, to make or communicate 
 that health care decision; or if other conditions for 
 effectiveness otherwise specified by the principal have been met.
 The physician or other health care provider shall continue to 
 obtain the principal's informed consent to all health care 
 decisions for which the principal has decision-making capacity, 
 unless other conditions for effectiveness otherwise specified by 
 the principal have been met.  An alternate health care agent has 
 authority to act if the primary health care agent is not 
 reasonably available to act. 


    Subd. 2.    Health care agent as guardian.  Unless the 
 principal has otherwise specified in the health care directive, 
 the appointment of the health care agent in a health care 
 directive is considered a nomination of a guardian for purposes 
 of sections 524.5-101 to 524.5-502. 


    Subd. 3.    Duties.  In exercising authority under a 
 health care directive, a health care agent has a duty to act in 
 good faith.  A health care agent or any alternate health care 
 agent has a personal obligation to the principal to make health 
 care decisions authorized by the health care power of attorney, 
 but this obligation does not constitute a legal duty to act. 


    Subd. 4.    Inconsistencies among documents.  In the 
 event of inconsistency between the appointment of a proxy under 
 chapter 145B or section 253B.03, subdivision 6d, or of a health 
 care agent under this chapter, the most recent appointment takes 
 precedence.  In the event of other inconsistencies among 
 documents executed under this chapter, under chapter 145B, or 
 under sections 253B.03, subdivision 6d, or 524.5-101 to 
 524.5-502, or other legally sufficient documents, the provisions 
 of the most recently executed document take precedence only to 
 the extent of the inconsistency. 


    HIST: 1993 c 312 s 8; 1998 c 399 s 18; 2004 c 146 art 3 s 4,5