What You Should Know About End-of-Life Options and the Law
At the end of life, people often lose the ability to make healthcare decisions. Some encounter an emergency that leaves them unable to communicate. Others experience illness so severe that they cannot clearly understand their options or express their wishes.
In Minnesota, several laws and legal documents create a framework for making end-of-life care decisions—and for documenting those decisions. This way, caretakers can take the right actions on your behalf. Here are a few legal considerations our experienced Elk River estate planning attorneys want you to know about.
Healthcare Directives
A healthcare directive is sometimes called an advance directive or a living will. It’s a written document that describes how healthcare decisions should be handled. It can cover things like healthcare goals and wishes, where you’d like to receive care, and the type of care you’re comfortable receiving.
You may use a healthcare directive to give your family direction in the event that you can’t speak for yourself. You can appoint someone to make decisions for you and describe what types of decisions you’d like to see them make. There are many reasons healthcare directives can be a good idea.
Under Chapter 145C in Minnesota law, you can choose what to include in your healthcare directive. More specifically, Section 145C.05 includes a sample form and lists the provisions you may include, such as:
- Designating an alternate healthcare agent in case the person you designated cannot serve
- Making two or more people joint healthcare agents who can make decisions together
- Giving your agents directions about how to reach a decision
- Documenting your desire to become an organ donor
- Providing a funeral directive
- Instructions about limiting or prohibiting pain medication
- Instructions about limiting or prohibiting artificial nutrition or hydration
It’s important to note that a healthcare directive gives direction, but it’s not legally binding. The person you appoint to make decisions for you may choose to go against your wishes. Doctors may also choose not to honor your healthcare directive if they believe it’s unreasonable.
Provider Orders for Life-Sustaining Treatment (POLST)
Like a healthcare directive, a Provider Orders for Life-Sustaining Treatment (POLST) form can give people increased control over the treatment they want (or don’t want) to receive at the end of life. This standardized form is from the Minnesota Medical Association.
A POLST isn’t the same as a healthcare directive. Unlike a healthcare directive, a POLST is an actual medical order. It must be signed by a doctor, advanced practice registered nurse, or physician assistant to be valid.
A POLST is generally used by people who have a serious illness. It helps to ensure that emergency medical services, hospital systems, nursing homes and other healthcare entities know the person’s wishes.
Healthcare professionals must follow a POLST, so it’s a highly effective tool. This is especially useful in emergencies when a person does not want to be resuscitated.
No Death With Dignity Laws
The Death with Dignity organization has supported bills in Minnesota. Notably, the Minnesota Compassionate Care Act bills (HF1930 and SF1813) were first introduced in the Minnesota legislature in 2015. These bills aimed to give people with terminal illnesses the right to choose to end their lives if they meet certain strict criteria.
If passed, they would allow doctors to legally prescribe lethal drugs to help terminally ill people end their own lives. However, the bills have not passed. Most recently, the 2024 legislative session closed without the bills advancing.
Your Right to Refuse Life-Sustaining Treatment in Minnesota
While Minnesota law doesn’t allow people to receive lethal drugs, it does allow them to refuse life-sustaining treatment. Minnesota Statutes, section 144.651, lists the Health Care Bill of Rights for patients. Subdivision 12 denotes your right to refuse care after your doctor tells you the options available.
Ethical Considerations When Making End-of-Life Decisions
End-of-life decisions are often complex and emotional, and the people making those decisions often face ethical considerations. For example:
- Healthcare providers and agents try to consider patients’ wants or needs, but these may conflict with a care plan or an earlier expressed wish.
- Two providers may have conflicting views on the best course of action.
- Family wishes may conflict with healthcare provider opinions.
To solve these issues, healthcare providers follow ethical principles, including:
- The American Medical Association’s Code of Ethics on Caring for Patients at the End of Life
- The American Nurses Association’s Code of Ethics
- The Minnesota Health Care Bill of Rights
- The hospital or nursing home’s specific practices and policies
Challenges may occur no matter how much planning you do. Having a plan in place can help things go as smoothly as possible.
How To Plan for End-of-Life Care
It’s ideal to have a healthcare directive in place as part of your complete estate plan before any emergency occurs. No matter what, discuss your plans with your loved ones. Make sure they know where to find the documentation.
Many people choose to make personal faith and religious beliefs or family and cultural traditions part of these conversations. The more your loved ones know about your wishes and what’s most important to you, the more likely they will honor them.
Talk With an Experienced Lawyer About Your End-of-Life Wishes
Our highly-reviewed legal team can help you start your end-of-life planning. We often draft healthcare directives as part of a complete estate plan, including a will, trust, and other necessary legal documents.
When you contact our Elk River law offices for a confidential consultation, we’ll explain the law and discuss your options. You’ll gain the peace of mind that comes with knowing you’ve planned for the unexpected. Call us at 763-241-0477 or send us a message.
