Medical Power of Attorney in Iowa

Iowa uses a "durable power of attorney for health care." It must explicitly authorize the agent to make health care decisions, be dated, and be signed either before two adult witnesses (who sign in each other's and the principal's presence, at least one not related to the principal within the third degree) or acknowledged before a notary. The agent and the principal's attending health care provider or its employees cannot be witnesses, and an attending provider cannot be the agent. Valid documents from other states are honored.

Durable power of attorney for health care: must explicitly authorize the agent to make health care decisions, be dated, and be signed either before two adult witnesses (who sign in each other's and the principal's presence, at least one not related to the principal within the third degree) or acknowledged before a notary. The agent and the principal's attending health care provider or its employees cannot be witnesses, and an attending provider cannot be the agent. Living will (declaration on life-sustaining procedures): any competent adult may sign one with the same witness-or-notary choice; the statute gives an optional form. Valid documents from other states are honored.

Iowa calls a living will a "declaration relating to use of life-sustaining procedures." Any competent adult may sign one directing that life-sustaining procedures be withheld or withdrawn; it takes effect only if the person's condition is terminal and they cannot make treatment decisions. It must be signed (or signed for the person at their direction) and dated, and either signed by two witnesses who watched the signing in each other's and the declarant's presence (at least one not related to the declarant within the third degree), or acknowledged before a notary. The statute provides an optional form.

Iowa has an optional "Iowa Statutory Power of Attorney Form" for property and finances under the Iowa Uniform Power of Attorney Act (Iowa Code 633B.301); it does not cover health care decisions. A power of attorney must be signed by the principal (or, in the principal's conscious presence, by another person other than a prospective agent at the principal's direction) and must be acknowledged before a notary public; an agent named in it may not notarize the principal's signature (633B.105). A durable power of attorney for health care must explicitly authorize health care decisions, be dated, and be either signed by two witnesses in the presence of each other and the principal or acknowledged before a notarial officer; attending health care providers and their employees, the named agent and anyone under 18 cannot witness, and at least one witness must not be related to the principal within the third degree (Iowa Code 144B.3).