Subd. 1. Execution.

A durable power of attorney for health care must be signed by the principal or in the principal's name by some other individual acting in the principal's presence and by the principal's direction. A durable power of attorney for health care must contain the date of its execution and must be witnessed or acknowledged by one of the following methods:

1. (1) signed by at least two individuals age 18 or older each of whom witnessed either the signing of the instrument by the principal or the principal's acknowledgment of the signature; or
2. (2) acknowledged by the principal before a notary public who is not the agent.

Subd. 2. Individuals ineligible to act as agent.

The following individuals are not eligible to act as the agent in a durable power of attorney for health care, unless the individual designated is related to the principal by blood, marriage, registered domestic partnership, or adoption:

1. (1) a health care provider attending the principal; or
2. (2) an employee of a health care provider attending the principal.

Subd. 3. Individuals ineligible to act as witnesses.

The agent designated in the durable power of attorney for health care may not act as a witness for the execution of the durable power of attorney for health care.

At least one witness to the execution of the durable power of attorney for health care must not be a health care provider providing direct care to the principal or an employee of a health care provider providing direct care to the principal on the date of execution.