The bill amends Section 144B.6 of the Iowa Code regarding the authority of an attorney in fact under a durable power of attorney for health care. It changes the attorney's duty from having to act in accordance with the principal's desires to giving preference to those desires as expressed in the durable power of attorney, a related declaration, or communicated to the attorney at any time. Additionally, the bill clarifies that the attorney's authority is not restricted by the principal's desires expressed verbally to others or in other documents unless the durable power of attorney explicitly states limitations in a separate section.
Furthermore, the bill specifies that if the principal's desires are unknown, the attorney must act in the principal's best interests, considering their overall medical condition and prognosis. The amendments aim to provide clearer guidance on the attorney's responsibilities and the extent of their authority, ensuring that the principal's wishes are prioritized while also allowing for flexibility in decision-making when those wishes are not clearly known.
Statutes affected: Introduced: 144B.6