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Iowa Durable Power of Attorney Laws
Explanation of Chart and More Information on Durable Power of Attorney Laws
| Code Section | 144B.1, et seq. Durable Power of Attorney for Health Care |
| Specific Powers, Life-Prolonging Acts | Consent, refusal of consent, or withdrawal of consent to health care. Attorney-in-fact has priority over court-appointed guardian to make health care decisions; does not include provision of nutrition or hydration except when required parenterally through intubation |
| Legal Requirements for Durable Power of Attorney | (1) Explicitly authorizes attorney-in-fact to make health care decisions; (2) 2 adult witnesses signing in the presence of each other and the principal; (3) notarized; (4) substantially complies with requirements (sample form 1448.5) |
| Revocation of Durable Power of Attorney | May be revoked at any time in any manner by which principal is able to communicate intent to revoke. Power revoked in case of divorce where spouse designated durable power of attorney for health care. |
| Validity from State-to-State | Similar document executed in another state in compliance with the laws of that state is valid and enforceable in Iowa; to the extent the document is consistent with Iowa law. |
| If Physician Unwilling to Follow Durable Power of Attorney | Unwilling physician must make provisions to transfer patient to willing health care provider |
| Immunity for Attending Physician | Health care provider not subject to civil or criminal liability or professional disciplinary action if acting in good faith on decision of attorney-in-fact |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
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