The bill amends the existing law regarding the authority of an attorney in fact under a durable power of attorney for health care. It specifies that the attorney in fact must give preference to the desires of the principal as expressed in the durable power of attorney, any related declarations, or communicated directly to the attorney. The bill clarifies that the authority of the attorney is not limited by the principal's desires expressed verbally to others or in other documents unless the durable power of attorney explicitly states that it is limited and outlines those limitations.

Additionally, the bill removes the previous requirement that the attorney has a duty to act in accordance with the principal's desires and instead emphasizes the need to prioritize those desires. It also clarifies that a declaration related to life-sustaining procedures does not restrict the attorney's authority to withdraw hydration or nutrition under certain circumstances. Overall, the changes aim to provide clearer guidance on the responsibilities and limitations of attorneys in fact when making health care decisions on behalf of principals.

Statutes affected:
Introduced: 144B.6