(a) Take it to a Notary Public, or find two witnesses who are over age 18. After the needed information is completed, you need to: If desired, fill in responses to the statements in Part II.ĥ. Indicate whom you would like to appoint as your agent, and alternate agent (if any).Ĥ. Fill in the information about yourself at the very beginning of the document:ģ.
DOES A WILL HAVE TO BE NOTARIZED IN MN DOWNLOAD
Download the Health Care Directive form here.Ģ. To properly create a Health Care Directive, you need to:ġ. Part II can be completed, but does not have to be completed (so people do not have to answer questions about terminal illness if they do not want to). The most important part for a person to complete is Part I, where a person nominates someone to speak for them in the event that they can't communicate for them self. Once a child attains age 18, they are an adult, and need to sign a Health Care Directive in order to allow their parents, or another person if they so choose, to make decisions regarding health care in the event that they are ever unable to do so.Ī Health Care Directive has two parts: Part I appoints an agent to speak for you regarding your health care and Part II allows you to specifically write out your wishes regarding your health care. Many people also assume that parents can make health care decisions for their children who are over age 18.
Why does someone need one of these? The Terri Schiavo case taught many people that spouses cannot make health care decisions for each other unless they have signed a validly executed Health Care Directive or Health Care Power of Attorney. To schedule an appointment with one of our estate planning attorneys, contact us at 612.888.1000 or send an email to Our main office is in Minneapolis, but we serve other communities like Edina, Mendota Heights, and Red Wing.A Health Care Directive is a document that you sign that allows you to appoint an agent to speak for you in the event that you are ever unable to communicate your wishes regarding your health care, and also allows you to indicate and memorialize your wishes regarding your health care. We also know also how important it is for clients to have complete estate plans. If no valid Will exists, the distribution of your estate will be determined by a judge using Minnesota intestacy law.Īt Virtus Law, we know it can be difficult to talk about estate planning. Your carefully laid estate plans could be upended if the Will you signed is not considered a valid one.
Make Sure Your Estate Planning Checks All the Boxes. In some cases, the witnesses are notary are not in the same room – or even the same state – as the testator. An electronic Will is signed electronically. This type of Will is controversial, with several states attempting legislation to have them considered valid. Some states recognize Wills that are spoken, not written. A Will that is handwritten is called a holographic Will. At this time, Minnesota does not recognize the following three types of Wills:
It’s best for Wills to be “ self-proved,” meaning the testator and witnesses signed an affidavit that the Will is authentic and was properly executed.Īs noted above, Minnesota law states that Wills must be in writing, either types or printed.Witnesses should be “disinterested,” meaning they do not have an interest in the estate.While the following actions probably will not invalidate a Will, they are recommended: Witnesses must be generally qualified to serve as witnesses.The testator must be age 18 or older and of sound mind (mentally competent).Two people must sign indicating they were both present to witness the testator sign the Will and to sign the Will as witnesses.Document must be in writing (typed or printed).General Validity Guidelinesįor any kind of Will to be considered valid, it must include the following: However, signing a Will that does not meet the legal requirements of a valid Will means that you may as well have died intestate (without a Will). Leaving a Will is a person’s way of telling the world how they want their estate assets to be handled.
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