The bill amends the existing law regarding the authority of an attorney in fact under a durable power of attorney for health care in Iowa. 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, any related declarations, or communicated directly to the attorney. Additionally, the bill clarifies that the attorney's authority is not limited by the principal's verbal expressions to others or other documents unless explicitly stated in a separate section of the durable power of attorney.
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 guidelines on how an attorney in fact should interpret and prioritize the wishes of the principal while ensuring that the authority granted is not easily undermined by informal communications.
Statutes affected: Introduced: 144B.6