What Does a Health Care Agent Do in Minnesota?

Being named as someone’s health care agent means you may speak for them when they can’t speak for themselves. That can happen in a hospital, a care facility, or at the end of life. This post explains what a health care agent may do, how to make decisions, and how to prepare. You can also download our free guide to keep on hand.

At a glance:

A health care agent makes health care decisions for someone who can’t make or communicate them. In Minnesota, the agent is named in a health care directive. Your decisions should follow the principal’s wishes and values.

What Is a Health Care Agent?

A health care agent makes health care decisions for someone who can’t make or communicate those decisions on their own. In Minnesota, the agent is named in a health care directive, and the person who signs it is called the principal. Your role usually begins when the principal’s health care provider determines they can’t make their own decisions.

Download Guide
A woman and a man stand by a hospital bed, smiling and holding a bouquet of flowers, visiting a patient who is lying down—demonstrating the support and compassion often shown by a health care agent in Minnesota.

Examples of What a Health Care Agent May Do

  • Treatment decisions. Talk with doctors and nurses, ask questions, and agree to or refuse treatments, tests, and procedures.
  • Care settings. Help choose health care providers and where the principal receives care, such as a hospital, assisted living, a nursing home, or home care.
  • Medical records. Get and review the principal’s medical information so you can make informed decisions.
  • End-of-life care. Make decisions about life-sustaining treatment, comfort care, and hospice, following the principal’s wishes.
  • After death. If the directive allows it, make decisions about organ donation, autopsy, and funeral arrangements.
  • Communication. Keep family members and the care team informed.

How to Make Decisions

Follow the instructions in the directive and what you know about the principal’s wishes and values. If you don’t know what they would want, decide based on their best interests.

Before It’s Needed

Talk with the principal about their values and wishes now, while they can share them. Keep a copy of the directive, and make sure their doctors have one too.

Remember

  • A health care agent doesn’t manage money or property. That’s the job of an attorney-in-fact or trustee.
  • Your decisions should reflect what the principal would want, even if you’d choose differently for yourself.
  • The principal can change or revoke the directive while they’re able to make their own decisions.
  • If you have questions about your authority, ask the attorney. For medical questions, ask the care team.

Minnesota Law

Minnesota’s health care directive law is found in Minn. Stat. Chapter 145C.

Related Guides

Why This Role Matters

Health care decisions often come up quickly and under stress. Talking with the principal now and understanding your role ahead of time helps you make choices that reflect what they want, and helps family members and the care team know who is making decisions.

How Everbright Legacy Law Can Help

Everbright Legacy Law is Minnesota’s only law firm integrating licensed social workers with legal services through its Life Care Planning model. Our attorneys prepare health care directives, and through Life Care Planning our licensed social workers help agents and families find care, coordinate it, and plan for what comes next.

If you have questions about serving as a health care agent, call (952) 925-4147 or email hello@everbrightlegacy.com to schedule a conversation.

This article is for educational purposes only and is not legal advice. Review the health care directive before taking action, because its terms may change your responsibilities. Consult an attorney about your specific situation.

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