Durable Power Of Attorney For Health Care Decisions Page 2
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2General Information on Durable Power of Attorney for Health Care
A durable power of attorney for health care is subject to the provisions of Chapter 144B of the
Code of Iowa and reference should be made to that chapter. The following is a summary of some of
the provisions of Chapter 144B of the Code of lowa.
1.
"Health care" means 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.
2.
The following individuals shall not be witnesses for a durable power of attorney for health care
a.
A health care provider attending the principal on the date of execution.
b.
An employee of a health care provider attending the principal on the date of execution.
c.
The individual designated in the durable power of attorney for health care as the
attorney in fact.
d.
An individual who is less than eighteen years of age.
3.
One of the witnesses shall be an individual who is not a relative of the principal by blood,
marriage, or adoption within the third degree of consanguinity.
4.
The following individuals shall not be designated as the attorney in fact to make health care
decisions under a durable power of attorney for health care:
a.
A health care provider attending the principal on the date of execution.
b.
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.
5.
Revocation.
a.
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.
b.
Revocation may be made by notifying the attorney in fact orally or in writing.
c.
Revocation can 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.
d.
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
e.
The health care provider is required to document the revocation in the treatment
records of the principal.
f.
The principal is presumed to have the capacity to revoke a durable power of attorney
for health care.
g.
Unless it provides otherwise, a valid durable power of attorney for health care revokes
any prior durable power of attorney for health care.
6.
Prohibited Practices.
a.
A health care provider, health care service plan, insurer, self-insured employee welfare
benefit plan, or nonprofit hospital plan shall not condition admission to a facility, or the
providing of treatment, or insurance, on the requirement that an individual execute a
durable power of attorney for health care.
b.
A policy of life insurance shall not be legally impaired or invalidated in any manner by
the withholding or withdrawing of health care pursuant to the direction of an attorney
in fact appointed pursuant to this Chapter.
7.
It is the responsibility of the principal to notify the health care provider (doctor) of the terms of
the Durable Power of Attorney for Health Care.
SUGGESTIONS AFTER FORM IS PROPERLY SIGNED, WITNESSED OR NOTARIZED
1.
Place original in a safe place known and accessible to family members or close friends.
2.
Provide a true copy to your doctor.
3.
Provide a copy(s) to family member(s).
4.
Provide a copy to designated attorney in fact (agent) and to alternate designated
attorney(s) in fact (if any).
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