Free Minnesota Living Will

In Minnesota, the living will is the Health Care Directive, a written instruction that is valid with no agent named.

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A principal with the capacity to do so may execute a health care directive. may make a health care directive in Minnesota.

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The state whose law the document is prepared under. In Massachusetts, Michigan, New York and Oregon, treatment instructions are part of the healthcare power of attorney; those state pages lead there.

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The Minnesota form prints your date of birth under your name.

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Yes. Minnesota prints the form in the statute. The document prepared here is that form text with your entries in its blanks and your choices marked where the form has you initial them; the agent parts are omitted.

The declarant signs it in the presence of 2 adult witnesses, or acknowledges it before a notary public instead. A declarant who cannot sign may have another adult sign at the declarant's direction and in the declarant's presence.

When you can no longer make your own treatment decisions and your condition is one the statute names: lacks decision-making capacity; reasonable chance of recovery, and temporarily unable to decide or speak for myself; dying and unable to decide or speak for myself; permanently unconscious and unable to decide or speak for myself; completely dependent on others for my care and unable to decide or speak for myself. Minnesota defines each term in the statute, and the document prints the definitions it uses.

Yes. Minnesota lets the declaration direct that artificially provided nutrition and hydration be withheld or withdrawn.

Minnesota recognizes these ways to revoke it: canceling, defacing, obliterating, burning, tearing, or otherwise destroying the health care directive instrument or directing another in the presence of the principal to destroy the health care directive instrument, with the intent to revoke the health care directive in whole or in part; executing a statement, in writing and dated, expressing the principal's intent to revoke the health care directive in whole or in part.

The Living Will in Minnesota

Minnesota writes the living will into its advance-directive statute, where a written instruction that names no agent is itself a directive. The document is the Health Care Directive with the instruction part completed and the agent part left to the healthcare power of attorney.

Minnesota prints the form in the statute; in the statute's words, “A health care directive executed pursuant to this chapter may, but need not, be in the form contained in section 145C.16”. The document reproduces the form's text with the entries in its blanks and the elections marked where the form has the declarant initial them.

Minnesota names the conditions in which the declaration operates: lacks decision-making capacity; reasonable chance of recovery, and temporarily unable to decide or speak for myself; dying and unable to decide or speak for myself; permanently unconscious and unable to decide or speak for myself; completely dependent on others for my care and unable to decide or speak for myself. It applies only once the declarant can no longer make treatment decisions.

Signing in Minnesota takes the declarant's signature before 2 adult witnesses, or a notary acknowledgment in place of the witnesses. Another adult may sign for a declarant who cannot, at the declarant's direction and in the declarant's presence.

Legal Sources

(5)·Updated September 27, 2026

SimplyTrust Editorial

Data sourced from Minnesota statutes and official state code. How we research.

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Free tools for planning your estate in Minnesota: will and trust costs, trust or TOD deed, and the signing rules. Run each tool for Minnesota.

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In Minnesota, a will is signed before 2 witnesses, and notarization is not required.

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Minnesota recognizes a will signed under the law of the place where it was signed; a will signed in Minnesota itself needs 2 witnesses, and notarization is not required.

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Minnesota Estate Planning Resources

In-depth guides covering Minnesota probate laws, trust requirements, and estate planning strategies.

Free Minnesota Living Will

In Minnesota, the living will is the Health Care Directive, a written instruction that is valid with no agent named.

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The Living Will in Minnesota

Free Minnesota Living Will

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Are My Beneficiary Designations Protected?

How Do I Sign Estate Documents?

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