How Health Care Directives and Guardianships Relate
If you lose the ability to make medical and healthcare decisions for yourself due to illness or injury that leads to incapacity, you might assume that your loved ones will know what to do. But without providing them with instructions, your family members may not know what your wishes are — and the court may appoint someone to act on your behalf who you had not intended. While health care directives and guardianships are two tools that can be used in the event of incapacity, they serve different purposes. Critically, a clear health care directive can help avoid the need for a guardianship altogether.
What is a Health Care Directive?
A health care directive is a legal document that outlines your medical decisions if you are unable to communicate your wishes. Generally, there are two components to a health care directive— it essentially combines a living will and power of attorney for healthcare. Not only can you specify your preferences for medical treatment in a health care directive, but you can also designate a trusted person to be your healthcare agent to make healthcare decisions for you.
Your directives may include your value and beliefs, as well as instructions regarding the following:
- The types of medical treatments you want or don’t want
- Artificial nutrition and hydration
- Life-sustaining treatments
- End-of-life care
- Organ donation
- Where you wish to receive care
- Mental health treatments
Notably, there are specific requirements for a health care directive to be legally valid and enforceable. Under Minnesota law, a health care directive must be in writing and dated, signed, and witnessed by two witnesses or a notary. A health care directive can be changed at any time while you are still of sound mind.
What is a Guardianship?
A guardianship is a legal arrangement in which another person (the guardian) is appointed by the court to make decisions for you regarding your healthcare if you are unable to do so yourself. Specifically, a guardian may be authorized to make decisions regarding your medical treatment, housing, and day-to-day welfare. Obtaining a guardianship can often involve lengthy court proceedings, especially if the matter is contested.
Under Minnesota law, a person must be declared legally incapacitated in order for a guardianship to be established. In addition, the court must find that less restrictive alternatives — such as a health care directive and designated healthcare agent — are not available or are insufficient.
Is a Guardianship Necessary if You Have a Health Care Directive?
A health care directive is a proactive planning tool that can eliminate the need for a guardianship when it comes to healthcare matters. This is because the document typically designates an agent who will act on your behalf in the event of incapacity. Importantly, courts consider health care directives to be a less restrictive alternative that is preferred to establishing a guardianship. Unlike a guardianship, a health care directive allows you to maintain control over your healthcare decisions.
There are certain situations where health care directives and guardianships can be used together. For instance, if there are gaps in your health care directive, a guardian may be appointed to cover issues that were not addressed in the document. A health care directive and guardianship may also coincide if a guardianship was put into place before the situation requiring the health care directive arises. In addition, if the health care directive is invalid or unenforceable due to improper execution, the court may require a guardian to oversee your medical treatment. Importantly, a properly executed and valid health care directives will take precedence over the preferences of family members or the decisions of a guardian — if one is, in fact, appointed.
What Happens if You Do Not Have a Health Care Directive?
If you become incapacitated and do not have a valid health care directive in place that designates a person to make medical decisions for you, your family may need to go to court to establish a guardianship. Not only can this be a time-consuming and costly legal process, but it can also be contentious for your loved ones. It’s not uncommon for disagreements to arise over the need for the guardianship — and who should assume the role of guardian.
While health care directives and guardianships can both help ensure your medical needs are met, a health care directive is nearly always the better option. By executing a health care directive, you can choose the person you wish to make healthcare decisions for you and specify your wishes concerning your medical care. This can help reduce the emotional and financial toll going to court can have on your family during a time that is already difficult.
Contact an Experienced Minnesota Guardianship Attorney
If you are facing a guardianship matter, it’s essential to have a knowledgeable attorney by your side. At Dave Burns Law Office, I provide trusted representation to individuals for a wide range of issues in connection with health care directives and guardianships. To learn more about how I can assist you, I welcome you to contact me at (612) 677-8351 or by emailing dave@daveburnslaw.com. I assist clients throughout the Twin Cities metro area and am available to meet with clients in both Minneapolis and St. Paul.
The Dave Burns Law Office hopes you find this article helpful. But please do not rely on it as legal advice. The law changes regularly and the outcome of any legal matter depends on its unique circumstances. View full disclaimer