Revocation of Statutory Durable Power of Attorney for Health Care
STATUTORY REFERENCE
ALL REFERENCES ARE TO THE IOWA CODE
REVOCATION OF DURABLE POWER OF ATTORNEY FOR HEALTH CARE
(§§ 144B.1 through 144B.12)
An "attorney in fact" is an individual who is designated by a durable
power of attorney for health care as an agent to make health care decisions
on behalf of a principal and has consented to act in that capacity.
A "durable power of attorney for health care" is a document authorizing
an attorney in fact to make health care decisions for the principal if
the principal is unable, in the judgment of the attending physician, to
make health care decisions.
"Health care" is any care, treatment, service, or procedure to maintain,
diagnose, or treat an individual's physical or mental condition. "Health
care" does not include the provision of nutrition or hydration except when
they are required to be provided parenterally or through intubation.
A "health care decision" is the consent, refusal of consent, or
withdrawal of consent to health care.
A "health care provider" is a person who is licensed, certified,
or otherwise authorized or permitted by the law of this state to administer
health care in the ordinary course of business or in the practice of a
profession.
The "principal" is a person age eighteen or older who has executed
a durable power of attorney for health care.
A durable power of attorney for health care authorizes an attorney
in fact to make health care decisions for the principal if the durable
power of attorney for health care substantially complies with statutory
requirements.
An attorney in fact can make health care decisions only if the following
requirements are satisfied:
The durable power of attorney for health care explicitly authorizes
the attorney in fact to make health care decisions.
The durable power of attorney for health care contains the date of
its execution and is witnessed or acknowledged by one of the following methods:
Is signed by at least two individuals who, in the presence of
each other and the principal, witnessed the signing of the instrument by
the principal or by another person acting on behalf of the principal at
the principal's direction.
Is acknowledged before a notarial officer within this state.
The following may not be witnesses for a durable power of attorney
for health care:
A health care provider attending the principal on the date of execution.
An employee of a health care provider attending the principal on the
date of execution.
The individual designated in the durable power of attorney for health
care as the attorney in fact.
An individual who is less than eighteen years of age.
At least one of the witnesses for a durable power of attorney for health
care must be an individual who is not a relative of the principal by blood,
marriage, or adoption within the third degree of consanguinity.
A durable power of attorney for health care is deemed valid and
enforceable to the extent the document is consistent with the laws of Iowa.
A durable power of attorney or similar document executed by a veteran of
the armed forces which is in compliance with the federal department of
veterans affairs advance directive requirements shall be deemed valid and
enforceable.
The following individuals may not be designated as the attorney
in fact to make health care decisions under a durable power of attorney
for health care:
A health care provider attending the principal on the date of execution.
An employee of a health care provider attending the principal on the
date of execution unless the individual to be designated is related to
the principal by blood, marriage, or adoption within the third degree of
consanguinity.
The statutory form is not required.
Unless a court specifically finds that the attorney in fact is acting
in a manner contrary to the wishes of the principal or the durable power
of attorney for health care provides otherwise, an attorney in fact who
is known to the health care provider to be available and willing to make
health care decisions has priority over any other person, including a guardian
appointed pursuant to chapter 633, to act for the principal in all matters
of health care decisions. The attorney in fact has authority to make a
particular health care decision only if the principal is unable, in the
judgment of the attending physician, to make the health care decision.
If the principal objects to a decision to withhold or withdraw health care,
the principal shall be presumed to be able to make a decision.
The attorney in fact has a duty to act in accordance with the desires
of the principal as expressed in the durable power of attorney for health
care or otherwise made known to the attorney in fact at any time.
A declaration executed by the principal pursuant to the life- sustaining
procedures Act, chapter 144A, shall not be interpreted as expressing an
intent to prohibit the withdrawal of hydration or nutrition when required
to be provided parenterally or through intubation and shall not otherwise
restrict the authority of the attorney in fact unless either the declaration
or the durable power of attorney for health care expressly provides otherwise.
If the principal's desires are unknown, the attorney in fact has a duty
to act in the best interests of the principal, taking into account the
principal's overall medical condition and prognosis.
Except as limited by the durable power of attorney for health care,
an attorney in fact has the same right as the principal to receive and
review medical records of the principal, and to consent to the disclosure
of medical records of the principal when acting pursuant to the durable
power of attorney for health care.
A durable power of attorney for health care may be revoked at any
time and in any manner by which the principal is able to communicate the
intent to revoke, without regard to mental or physical condition. Revocation
may be by notifying the attorney in fact orally or in writing. Revocation
may also be made by notifying a health care provider orally or in writing
while that provider is engaged in providing health care to the principal.
A revocation is only effective as to a health care provider upon
its communication to the provider by the principal or by another to whom
the principal has communicated revocation. The health care provider must
document the revocation in the treatment records of the principal.
A principal is presumed to have the capacity to revoke a durable
power of attorney for health care.
A valid durable power of attorney for health care revokes any prior
durable power of attorney for health care.
If authority granted by a durable power of attorney for health care
is revoked, an individual is not subject to criminal prosecution or civil
liability for acting in good faith reliance upon the durable power of attorney
for health care unless the individual has actual knowledge of the revocation.
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