Read the full stored bill text
House
File
2570
-
Introduced
HOUSE
FILE
2570
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
161)
A
BILL
FOR
An
Act
relating
to
the
authority
of
an
attorney
in
fact
under
a
1
durable
power
of
attorney
for
health
care.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1965HV
(2)
91
ak/ko
H.F.
2570
Section
1.
Section
144B.6,
subsection
2,
Code
2026,
is
1
amended
to
read
as
follows:
2
2.
In
exercising
the
authority
under
the
durable
power
3
of
attorney
for
health
care,
the
attorney
in
fact
has
a
duty
4
to
act
in
accordance
with
the
desires
of
the
principal
as
5
expressed
in
the
durable
power
of
attorney
for
health
care
,
6
a
declaration
executed
by
the
principal
pursuant
to
section
7
144A.3,
or
otherwise
made
known
to
the
attorney
in
fact
at
8
any
time.
A
declaration
executed
by
the
principal
pursuant
9
to
the
life-sustaining
procedures
Act,
chapter
144A
,
shall
10
not
be
interpreted
as
expressing
an
intent
to
prohibit
the
11
withdrawal
of
hydration
or
nutrition
when
required
to
be
12
provided
parenterally
or
through
intubation
and
shall
not
13
otherwise
restrict
the
The
authority
of
the
attorney
in
fact
14
shall
not
be
restricted
by
the
desires
of
the
principal
as
15
expressed
verbally
to
a
person
other
than
the
attorney
in
fact
16
or
in
any
other
document
unless
either
the
declaration
or
,
in
a
17
separate
section
of
the
durable
power
of
attorney
for
health
18
care
,
the
principal
expressly
provides
otherwise
states
that
19
the
durable
power
of
attorney
for
health
care
is
limited
and
20
includes
the
limitations
on
the
authority
of
the
attorney
in
21
fact
.
If
the
principal’s
desires
are
unknown,
the
attorney
in
22
fact
has
a
duty
to
act
in
the
best
interests
of
the
principal,
23
taking
into
account
the
principal’s
overall
medical
condition
24
and
prognosis.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
the
authority
of
an
attorney
in
fact
29
(attorney)
under
a
durable
power
of
attorney
for
health
care
30
(durable
power
of
attorney).
31
Current
law
provides
that
an
attorney
under
a
durable
power
32
of
attorney
has
the
duty
to
act
in
accordance
with
the
desires
33
expressed
in
the
durable
power
of
attorney
or
made
known
to
34
the
attorney
by
the
principal
who
executed
the
durable
power
35
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ak/ko
1/
2
H.F.
2570
of
attorney.
If
the
principal
executes
a
declaration
related
1
to
life-sustaining
procedures,
the
declaration
shall
not
be
2
interpreted
to
prohibit
the
attorney
from
withdrawing
hydration
3
or
nutrition
in
certain
circumstances,
or
otherwise
restrict
4
the
authority
of
the
attorney.
5
The
bill
requires
the
attorney
in
fact
to
act
in
accordance
6
with
the
desires
of
the
principal
as
expressed
in
the
durable
7
power
of
attorney,
a
declaration
relating
to
the
use
of
8
life-sustaining
procedures,
or
made
known
to
the
attorney
by
9
the
principal.
The
bill
provides
that
the
authority
of
the
10
attorney
shall
not
be
restricted
by
the
principal’s
desires
11
expressed
verbally
to
a
person
other
than
the
attorney,
or
in
12
another
document,
unless
the
document
authorizing
the
durable
13
power
of
attorney
states
in
a
separate
section
that
the
durable
14
power
of
attorney
is
limited,
and
includes
the
limitations
on
15
the
attorney’s
authority.
16
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1965HV
(2)
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ak/ko
2/
2