The Source Text for
Information about Advance Health Care Directives

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Fairview will comply with state and federal laws to assure patient rights regarding health care decision-making. Fairview will honor the advance health care directive to the fullest extent possible, consistent with reasonable medical practice, availability of treatments requested and applicable law. Fairview will not discriminate against, nor require any conditions for care, based on whether or not the patient has chosen to execute an advance health care directive.
Patients may revoke their advance health care directive in part or in whole at any time and in any manner. This right is not extended to a proxy decision-maker. Any staff member who receives a revocation will inform the patient’s primary care physician immediately and document the revocation in the medical record. Note: As a general rule, a mental health advance directive cannot be revoked during a period of acute mental health crisis.
Fairview will provide ongoing staff and community education programs about advance directives and related issues and maintain a record of such programs

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Definitions:
“Advance Health Care Directives” are written instructions recognized under state law relating to the provision of health care when adult individuals are unable to communicate their wishes regarding medical treatment. For the purposes of this policy, advance health care directive refers to the health care directive, living will, durable power of attorney for health care, or mental health advance directive.

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Forms of Advance Health Care Directives:
1. Health Care Directive - Effective August 1, 1998, Minnesota law combined the living will and durable power of attorney for health care into one form called the health care directive. A health care directive is a form of authorization given in advance by any capable adult, regarding the kinds of health care the person would or would not want, if for any reason, the person was unable to, or chose not to, communicate for himself. In it, the person may name an agent(s), communicate specific health care decisions, or do both.

2. Living Will - Prior to August 1, 1998, any competent adult could write a living will stating what the person’s health care preferences were in the event the person became terminally ill and unable to make informed health care decisions. The living will may also include the designation of a proxy to make health care decisions on behalf of the person. Current Minnesota law continues to recognize living wills that were completed prior to August 1, 1998.

3. Durable Power of Attorney for Health Care - Prior to August 1, 1998, any competent adult could complete a durable power of attorney for health care to designate an agent to make health care decisions for the person, in the event the person is unable, in the judgment of the attending physician, to make or communicate health care decisions. The durable power of attorney for health care may also include a statement of health care preferences and special instructions for limitations to the agent. Current Minnesota law continues to recognize durable power of attorney for health care forms that were completed prior to August 1, 1998.

4. Mental Health Advance Directive - Any competent adult may write a mental health advance directive which states that the person’s mental health care preferences are regarding electroshock therapy and neuroleptic medication (intrusive mental health treatments) in the event the person is admitted or committed to a treatment facility. The mental health advance directive may also include the designation of a proxy to make decisions about intrusive mental health treatments. This information may also be included in an advance directive.

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