House File 2570 - Introduced HOUSE FILE 2570 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HSB 161) A BILL FOR An Act relating to the authority of an attorney in fact under a 1 durable power of attorney for health care. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1965HV (2) 91 ak/ko
H.F. 2570 Section 1. Section 144B.6, subsection 2, Code 2026, is 1 amended to read as follows: 2 2. In exercising the authority under the durable power 3 of attorney for health care, the attorney in fact has a duty 4 to act in accordance with the desires of the principal as 5 expressed in the durable power of attorney for health care , 6 a declaration executed by the principal pursuant to section 7 144A.3, or otherwise made known to the attorney in fact at 8 any time. A declaration executed by the principal pursuant 9 to the life-sustaining procedures Act, chapter 144A , shall 10 not be interpreted as expressing an intent to prohibit the 11 withdrawal of hydration or nutrition when required to be 12 provided parenterally or through intubation and shall not 13 otherwise restrict the The authority of the attorney in fact 14 shall not be restricted by the desires of the principal as 15 expressed verbally to a person other than the attorney in fact 16 or in any other document unless either the declaration or , in a 17 separate section of the durable power of attorney for health 18 care , the principal expressly provides otherwise states that 19 the durable power of attorney for health care is limited and 20 includes the limitations on the authority of the attorney in 21 fact . If the principal’s desires are unknown, the attorney in 22 fact has a duty to act in the best interests of the principal, 23 taking into account the principal’s overall medical condition 24 and prognosis. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill relates to the authority of an attorney in fact 29 (attorney) under a durable power of attorney for health care 30 (durable power of attorney). 31 Current law provides that an attorney under a durable power 32 of attorney has the duty to act in accordance with the desires 33 expressed in the durable power of attorney or made known to 34 the attorney by the principal who executed the durable power 35 -1- LSB 1965HV (2) 91 ak/ko 1/ 2
H.F. 2570 of attorney. If the principal executes a declaration related 1 to life-sustaining procedures, the declaration shall not be 2 interpreted to prohibit the attorney from withdrawing hydration 3 or nutrition in certain circumstances, or otherwise restrict 4 the authority of the attorney. 5 The bill requires the attorney in fact to act in accordance 6 with the desires of the principal as expressed in the durable 7 power of attorney, a declaration relating to the use of 8 life-sustaining procedures, or made known to the attorney by 9 the principal. The bill provides that the authority of the 10 attorney shall not be restricted by the principal’s desires 11 expressed verbally to a person other than the attorney, or in 12 another document, unless the document authorizing the durable 13 power of attorney states in a separate section that the durable 14 power of attorney is limited, and includes the limitations on 15 the attorney’s authority. 16 -2- LSB 1965HV (2) 91 ak/ko 2/ 2