Senate File 2198 amends Section 144B.6, subsection 2 of the Iowa Code regarding the authority of an attorney in fact under a durable power of attorney for health care. The bill clarifies that the attorney in fact must act according to the principal's desires as expressed in the durable power of attorney, a declaration executed under section 144A.3, or communicated to the attorney in fact at any time. It also specifies that the authority of the attorney in fact is not restricted by the principal's verbal desires expressed to others or in other documents unless explicitly stated otherwise in the durable power of attorney.
Additionally, the bill removes previous language that suggested a declaration executed under the life-sustaining procedures Act would not be interpreted as prohibiting the withdrawal of hydration or nutrition. The new language emphasizes that if the principal's desires are unknown, the attorney in fact must act in the principal's best interests, considering their overall medical condition and prognosis. This update aims to provide clearer guidance on the responsibilities and limitations of the attorney in fact in health care decisions.
Statutes affected: Introduced: 144B.6
Enrolled: 144B.6