Minnesota Statutes 145C.01 – Definitions
Subdivision 1.Applicability.
The definitions in this section apply to this chapter.
Subd. 1a.Act in good faith.
Terms Used In Minnesota Statutes 145C.01
- abode: means domicile;
(2) "action" means any proceeding in any court of this state;
(3) "adult" means an individual 18 years of age or over;
(4) "as now provided by law" means a reference to the laws in force at the time the law containing the phrase was finally enacted;
(5) "as provided by law" means a reference to the laws in force at the particular time the law containing the phrase is applied;
(6) "attorney at law" means an individual admitted to practice law by a court of record of this state;
(7) "attorney of record" means an attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding;
(8) "child" or "children" includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
Terms Used In Minnesota Statutes 145C.01
- abode: means domicile;
(2) "action" means any proceeding in any court of this state;
(3) "adult" means an individual 18 years of age or over;
(4) "as now provided by law" means a reference to the laws in force at the time the law containing the phrase was finally enacted;
(5) "as provided by law" means a reference to the laws in force at the particular time the law containing the phrase is applied;
(6) "attorney at law" means an individual admitted to practice law by a court of record of this state;
(7) "attorney of record" means an attorney at law who is entered on the docket or record of a court as appearing for or representing a party in a legal proceeding;
(8) "child" or "children" includes children by birth or adoption;
(9) "day" comprises the time from midnight to the next midnight;
(10) "fiscal year" means the year by or for which accounts are reckoned;
(11) "hereafter" means a reference to the time after the time when the law containing such word takes effect;
(12) "heretofore" means a reference to the time previous to the time when the law containing such word takes effect;
(13) "judicial sale" means a sale conducted by an officer or person authorized for the purpose by some competent tribunal;
(14) "minor" means an individual under the age of 18 years;
(15) "money" means lawful money of the United States;
(16) "night time" means the time from sunset to sunrise;
(17) "non compos mentis" refers to an individual of unsound mind;
(18) "notary" means a notary public;
(19) "now" in any provision of a law referring to other laws in force, or to persons in office, or to any facts or circumstances as existing, relates to the laws in force, or to the persons in office, or to the facts or circumstances existing, respectively, on the effective date of such provision;
(20) "verified" when used in reference to writings, means supported by oath or affirmation. See Minnesota Statutes 645.45
- Adult: means an individual 18 years of age or older. See Minnesota Statutes 645.451
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Person: may extend and be applied to bodies politic and corporate, and to partnerships and other unincorporated associations. See Minnesota Statutes 645.44
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: extends to and includes the District of Columbia and the several territories. See Minnesota Statutes 645.44
“Act in good faith” means to act consistently with a legally sufficient health care directive of the principal, a living will executed under chapter 145B, a declaration regarding intrusive mental health treatment executed under section 253B.03, subdivision 6d, or information otherwise made known by the principal, unless the actor has actual knowledge of the modification or revocation of the information expressed. If these sources of information do not provide adequate guidance to the actor, “act in good faith” means acting in the best interests of the principal, considering the principal’s overall general health condition and prognosis and the principal’s personal values to the extent known. Notwithstanding any instruction of the principal, a health care agent, health care provider, or any other person is not acting in good faith if the person violates the provisions of section 609.215 prohibiting assisted suicide.
Subd. 1b.Decision-making capacity.
“Decision-making capacity” means the ability to understand the significant benefits, risks, and alternatives to proposed health care and to make and communicate a health care decision.
Subd. 2.Health care agent.
“Health care agent” means an individual age 18 or older who is appointed by a principal in a health care power of attorney to make health care decisions on behalf of the principal. “Health care agent” may also be referred to as “agent.”
Subd. 3.Health care power of attorney.
“Health care power of attorney” means an instrument appointing one or more health care agents to make health care decisions for the principal.
Subd. 4.Health care.
“Health care” means any care, treatment, service, or procedure to maintain, diagnose, or otherwise affect a person’s physical or mental condition. “Health care” includes the provision of nutrition or hydration parenterally or through intubation but does not include any treatment, service, or procedure that violates the provisions of section 609.215 prohibiting assisted suicide. “Health care” also includes the establishment of a person’s abode within or without the state and personal security safeguards for a person, to the extent decisions on these matters relate to the health care needs of the person.
Subd. 5.Health care decision.
“Health care decision” means the consent, refusal of consent, or withdrawal of consent to health care.
Subd. 5a.Health care directive.
“Health care directive” means a written instrument that complies with section 145C.03 and includes one or more health care instructions, a health care power of attorney, or both; or a durable power of attorney for health care executed under this chapter before August 1, 1998.
Subd. 6.Health care provider.
“Health care provider” means a person, health care facility, organization, or corporation licensed, certified, or otherwise authorized or permitted by the laws of this state to administer health care directly or through an arrangement with other health care providers, including health maintenance organizations licensed under chapter 62D.
Subd. 7.Health care facility.
“Health care facility” means a hospital or other entity licensed under sections 144.50 to 144.58, a nursing home licensed to serve adults under section 144A.02, a home care provider licensed under sections 144A.43 to 144A.47, an adult foster care provider licensed under chapter 245A and Minnesota Rules, parts 9555.5105 to 9555.6265, a community residential setting licensed under chapter 245D, or a hospice provider licensed under sections 144A.75 to 144A.755.
Subd. 7a.Health care instruction.
“Health care instruction” means a written statement of the principal’s values, preferences, guidelines, or directions regarding health care.
Subd. 8.Principal.
“Principal” means an individual age 18 or older who has executed a health care directive.
Subd. 9.Reasonably available.
“Reasonably available” means able to be contacted and willing and able to act in a timely manner considering the urgency of the principal’s health care needs.