HF 2570 (LSB 1965HV (2) 91)

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 durable power of attorney for health care.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144B.6, subsection 2, Code 2026, is amended to read as follows:
   2.  In exercising the authority under the durable power of attorney for health care, 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, a declaration executed by the principal pursuant to section 144A.3, 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 The authority of the attorney in fact shall not be restricted by the desires of the principal as expressed verbally to a person other than the attorney in fact or in any other document unless either the declaration or, in a separate section of the durable power of attorney for health care, the principal expressly provides otherwise states that the durable power of attorney for health care is limited and includes the limitations on the authority of the attorney in fact. 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the authority of an attorney in fact (attorney) under a durable power of attorney for health care (durable power of attorney).
   Current law provides that an attorney under a durable power of attorney has the duty to act in accordance with the desires expressed in the durable power of attorney or made known to the attorney by the principal who executed the durable power of attorney. If the principal executes a declaration related to life-sustaining procedures, the declaration shall not be interpreted to prohibit the attorney from withdrawing hydration or nutrition in certain circumstances, or otherwise restrict the authority of the attorney.
   The bill requires the attorney in fact to act in accordance with the desires of the principal as expressed in the durable power of attorney, a declaration relating to the use of life-sustaining procedures, or made known to the attorney by the principal. The bill provides that the authority of the attorney shall not be restricted by the principal’s desires expressed verbally to a person other than the attorney, or in another document, unless the document authorizing the durable power of attorney states in a separate section that the durable power of attorney is limited, and includes the limitations on the attorney’s authority.