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Health Care Power of Attorney Requirements in Minnesota

In Minnesota, a health care directive with a health care power of attorney must be verified either by a notary or by two witnesses; the agent cannot witness or notarize, and at least one witness must not be your direct care provider or its employee.

Last checked . General information, not legal advice.

Minnesota at a glance

Document name
Health care directive (health care power of attorney)
Witnesses
2 witnesses or a notary
The statutory form says the document must be verified by a notary public or witnessed by two witnesses.
Notary required
Notary or 2 witnesses
Who cannot witness
Agent or alternate; limits on care providers
At least one witness must not be a health care provider giving direct care, or its employee, on the date of signing. A notary may be such an employee.

Sources

Last checked

The rules in Minnesota

What is a health care power of attorney called in Minnesota?

Document name in Minnesota: Health care directive (health care power of attorney).

How many witnesses does a health care power of attorney need in Minnesota?

Witnesses in Minnesota: 2 witnesses or a notary. The statutory form says the document must be verified by a notary public or witnessed by two witnesses.

Does a health care power of attorney have to be notarized in Minnesota?

Notary or 2 witnesses. Notary required in Minnesota: notary or 2 witnesses.

Who cannot witness a health care power of attorney in Minnesota?

Who cannot witness in Minnesota: Agent or alternate; limits on care providers. At least one witness must not be a health care provider giving direct care, or its employee, on the date of signing. A notary may be such an employee.

Where do the Minnesota health care power of attorney requirements come from?

The rules above come from Minn. Stat. 145C.03 and Minn. Stat. 145C.16. Each source is linked on this page. We last checked them in October 2026.

What this means in practice

Follow the signing rules of the state where you live when you sign. If you spend a lot of time in another state, check whether that state honors documents signed elsewhere, and consider signing a version that also meets its rules.

Choose witnesses before the signing day. Witness rules often exclude the agent you are naming and may also exclude relatives, people who would inherit from you, or staff of a health care provider or facility caring for you. Using two unrelated adults avoids most problems.

Give copies of the signed document to your agent, any alternate agent and your doctors, and keep the original where it can be found quickly. If you later change your mind, revoke the old document in writing and tell everyone who has a copy.

General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.