A new law clarifies 2009 legislation relating to health care directives for wards and protected persons.
It provides that only a court, rather than a guardian, may declare a person’s health care directive unenforceable. The court would be required to find “by clear and convincing evidence that the health care directive was executed under coercion of fraudulent inducement … or if it finds that the health care directive is not legally sufficient.” A guardian could previously replace a health care agent under certain circumstances specified in law.
Brought forth by groups working on elder law and vulnerable adult issues, the law also:
• establishes that a ward or protected person may outline their health wishes in a health care directive when a guardian does not have the authority to make a medical decision;
• ensures that the wishes of a ward or protected person nominated for a guardian are honored and respected; and
• modifies and streamlines certain informational reports that must be submitted to the court by a guardian or conservator.
Rep. Debra Hilstrom (DFL-Brooklyn Center) and Sen. Mee Moua (DFL-St. Paul) are the sponsors.
The law is effective April 16, 2010, one day after signed by Gov. Tim Pawlenty. Certain modified filing and documentation requirements apply to petitions filed and protective orders issued or renewed beginning Aug. 1, 2010, or earlier if directed by the court.
HF3128*/
SF2796/CH254