{"id":373350,"date":"2016-03-31T21:35:17","date_gmt":"2016-04-01T02:35:17","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/iowa-law\/iowa-durable-power-of-attorney-laws.html"},"modified":"2021-04-16T14:49:00","modified_gmt":"2021-04-16T19:49:00","slug":"iowa-durable-power-of-attorney-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/iowa-law\/iowa-durable-power-of-attorney-laws.html","title":{"rendered":"Iowa Durable Power of Attorney Laws"},"content":{"rendered":"\n
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Iowa Durable Power of Attorney Laws<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

A durable power of attorney is a legal document that authorizes someone as an agent or \u201cattorney-in-fact\u201d to make decisions or take action for another person. One type is a financial durable power of attorney<\/a> that allows your agent to do things like pay your rent or collect payments for leasing farmland on your behalf. Another is a durable power of attorney for health care that allows the agent to make health care decisions for you when you\u2019re unable to make them, in the judgment of your attending physician.<\/p>\r\n

Healthcare powers of attorney are often created with living wills as part of estate planning<\/a> documents. Living wills are advance health care directives that explicitly state your desires for life-sustaining treatment or not if you\u2019re incapacitated, for example, are in a coma for a certain period of time and are unexpected to recover. For more information on living wills, see the Iowa Living Wills<\/a> article.<\/p>\r\n

The following table outlines the main parts of the Iowa durable power of attorney for healthcare laws.<\/p>\r\n\r\n
Code Section<\/b><\/td>\r\nIowa Code Chapter 144B \u2013 Durable Power of Attorney for Health Care<\/a><\/td>\r\n<\/tr>
Legal Requirements for a Valid Power of Attorney<\/b><\/td>\r\nTo create a valid durable power of attorney for health care in Iowa, you must:
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  1. Explicitly authorize the attorney-in-fact to make health care decisions, you can use the sample form in Section 144B.5<\/a> or one that is substantially similar<\/li>\r\n
  2. Include the date of creating the document<\/li>\r\n
  3. Have two adult witnesses sign the document in the presence of each other and you (witnesses can\u2019t be your health care provider or the attorney-in-fact, at least one can\u2019t be related to you, and both must be over 18) OR notarize the document<\/li>\r\n<\/ol>\r\n<\/td>\r\n<\/tr>
Specific Powers and Life-Prolonging Acts<\/b><\/td>\r\nA health care agent has the power to consent to, refuse to consent, or withdraw consent to health care for the person who appointed him or her as the attorney-in-fact. An attorney-in-fact has priority<\/a> over a court-appointed guardian to make health care decisions.
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\r\nIf the patient\u2019s wishes as to life-support are unknown, the attorney-in-fact has a duty to act in his or her best interest, taking into account the overall medical condition and prognosis. However, the power to refuse consent doesn\u2019t apply to providing nutrition or hydration except when required through intubation or intravenous means.<\/td>\r\n<\/tr>
Revocation of Durable Power of Attorney<\/b><\/td>\r\nA durable power of attorney can be revoked<\/a> in several different ways:
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Validity of Out-of-State Durable Power of Attorneys<\/b><\/td>\r\nSimilar documents created in another state in compliance with the laws of that state are valid and enforceable in Iowa, to the extent that the document is consistent with Iowa law.<\/td>\r\n<\/tr>
If Physician Unwilling to Follow Durable Power of Attorney<\/b><\/td>\r\nIf a doctor is unwilling to do what the attorney-in-fact decides is best for the patient, after medical advisement (such as remove life support), then the doctor must transfer the patient<\/a> to a willing health care provider.<\/td>\r\n<\/tr>
Immunity for Attending Physician<\/b><\/td>\r\nHealth care providers aren\u2019t subject to criminal prosecution, civil liability, or professional disciplinary action if acting in good faith<\/a> on the decision of an attorney-in-fact.<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

You can create your own durable power of attorney for health care decision making on your own by using various online sample forms<\/a>. However, to make sure that your power of attorney is valid in Iowa, you should consult with an experienced Iowa estate planning lawyer<\/a>.<\/p>\r\n

Note:<\/i><\/b> State laws are revised regularly, you should verify these health care laws by conducting your own legal research or asking a lawyer.<\/i><\/p>\r\n

Related Resources<\/h2>\r\n