Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Minnesota calls this instrument health care directive, health care agent. To execute it you need 2 witnesses — and the state requires witnesses OR a notary — either one. Getting that conjunction wrong is the most common way a directive fails when it is needed. The witness step is not the only requirement: §145C.03, subd. 1 also requires the directive to be in writing, dated, and to state the principal’s name.
The execution box
| What the state calls it | health care directive, health care agent |
|---|---|
| Witnesses required | 2 |
| Witnesses or notary? | witnesses OR a notary — either one |
| Also required | Under §145C.03, subd. 1 a health care directive must also be in writing, dated, state the principal’s name, and be executed by a principal with capacity, with the principal’s signature or that of a person the principal authorises to sign. |
| Who may NOT witness | A health care agent or alternate agent may not act as witness or notary. At least one of the two witnesses must not be a health care provider (or employee of one) providing direct care to the principal on the date of execution; a notary faces no such restriction. Witnesses must be at least 18 and not named as agent/alternate agent. |
| If you are in a care facility | At least one witness must be independent of the principal’s direct-care health care provider; the notary alternative has no such facility-employee restriction. |
| Authority | Minn. Stat. §145C.03, subd. 1(5) and subd. 3 |
What the statute says
To be legally sufficient in this state, a health care directive must: (1) be in writing; (2) be dated; (3) state the principal’s name; (4) be executed by a principal with capacity to do so with the signature of the principal or with the signature of another person authorized by the principal to sign on behalf of the principal; (5) contain verification of the principal’s signature or the signature of the person authorized by the principal to sign on behalf of the principal, either by a notary public or by witnesses as provided under this chapter; and (6) include a health care instruction, a health care power of attorney, or both
— Minn. Stat. §145C.03, subd. 1(5) and subd. 3
The form
There is an official state form, published by the state and free: Minn. Stat. §145C.03, subd. 1(5) and subd. 3. You should not have to buy one.
Why the witness rules matter more than the wording
People spend their effort on what the directive says and almost none on how it is signed. A directive that expresses your wishes perfectly but was witnessed by someone the statute disqualifies may not be honoured. The disqualification lists exist because the people most likely to be in the room — family, the treating doctor, facility staff — are the people with an interest in the outcome.
Two practical consequences. Ask who is signing before the appointment, not during it. And if you are already in a hospital or care facility, check the facility rule row above — several states add a requirement that applies only to patients and residents, and it is the one nobody mentions.
This is the medical instrument, not the financial one
A financial power of attorney is a different document with different execution rules. Having one does not give anyone authority over your medical care, and having this one gives nobody authority over your money. Most people need both, and they are executed separately.
What could not be verified
The ‘two witnesses’ count comes from the optional statutory form at §145C.16 (‘Two witnesses must sign…’) rather than from explicit language in §145C.03 itself; §145C.03 requires ‘witnesses as provided under this chapter’ without restating the number in the excerpt read.
Related: all states compared · living will versus healthcare proxy · what it costs.
General information drawn from state statutes and official state materials, not legal or medical advice. Advance-directive law is STATE law and the execution requirements differ in ways that decide whether a document works: some states require witnesses AND a notary, some accept either, and the list of people who may not witness varies. A directive executed the wrong way may not be honoured when it matters. Many states publish a free official form – you should not have to buy one.