An Iowa medical power of attorney (MPOA) is a form that allows you (“principal”) to grant a person you trust (“agent” or “attorney in fact”), to make health care decisions for you if you become incapacitated.
An Iowa medical power of attorney is also known as:
- Iowa Durable Power of Attorney for Health Care
- Iowa Medical POA
Laws: Medical powers of attorney in Iowa are governed by Chapter 144B of the Code of Iowa.
In the case of an unforeseen event, it may be advantageous to create these additional documents to include with your Iowa medical power of attorney:
- Living Will: A document that outlines your end-of-life treatment preferences. Living will and medical power of attorney documents are both examples of advance directives, which allow you to have more control over things even when you’re incapacitated or after death.
- Iowa (Financial) Power of Attorney: A document that enables an agent to make legal or financial decisions on behalf of the principal in the unfortunate event of incapacitation.
How to Fill in a Medical Power of Attorney in Iowa
Following the steps below will help ensure that your Iowa Medical Power of Attorney meets the requirements outlined in Chapter 144B of the Code of Iowa and is legally binding.
Step 1: Choose an agent
An agent is a person you choose to take power over your healthcare decisions should you become incapacitated.
Who should you choose as an agent?
The agent you choose should be someone you can trust completely. You should know them very well and believe they want the best for you. They must be an adult (18 years or older).
The agent may have to make healthcare decisions for you according to wishes you have or knowledge of you and what they think you would want. This will include moral and religious beliefs. If your wishes are not clear, the agent will have to make decisions based on what they think would be in your best interest.
Relevant law: IA Code § 144B.3
Who can’t be your agent?
These individuals are not allowed to act as your agent in Iowa:
- A healthcare provider who is treating the principal on the date of the power of attorney beginning
- An employee of the health care provider unless the possible agent is related to the principal by marriage, blood, or adoption
Relevant law: IA Code § 144B.4
Can you have more than one agent?
Yes, in Iowa, you may have two or more people to act as co-agents to take over if your first choice is unable to make decisions for you. The choosing of co-agents will allow you to be sure someone you trust will gain authority over your medical decisions even if one of your chosen agents is unavailable.
Relevant Law: IA Code § 144B.6
Step 2: Specify what healthcare decisions your agent can make
You will be giving power of your medical treatments to someone else and you should be careful in deciding which powers these are.
Can you limit your agent’s powers?
Yes, if you do not want certain things done (for example, you don’t want your organs donated after your death), you may write them in your instructions and/or restrictions section of your Iowa medical power of attorney form.
If no limitations are expressed, your agent will be allowed to make almost any health care decisions for you. The agent will have some restrictions in the Iowa medical power of attorney automatically.
Relevant Law: IA Code § 144B.6
What is your agent legally unable to do?
The agent may not change your will or transfer the power of attorney to someone else without your express permission written in the document.
Relevant Law: IA Code § 144B.9
When can your agent start making decisions for you?
After your attending physician judges that you’re unable to make health care decisions for yourself, your agent will then take over. They may not start making decisions until this physician has informed the agent that the principal is unable.
Relevant Law: IA Code § 144B.9
Step 3: Sign the form
For the Iowa medical power of attorney form to be legally binding, you must sign it. If you’re physically unable to sign it, another person may be designated to sign for you. This may be anyone you trust.
Do you need witness or notary signatures?
Yes, your signing of the Iowa medical power of attorney must be witnessed by at least two individuals. These people must sign the document as well. When this is complete, the document must also be acknowledged by a notary public.
Relevant Law: IA Code § 144B.3
Who can’t be a witness?
The witnesses cannot be:
- Your attending health care provider on the date the medical power of attorney becomes valid
- An employee of your attending health care provider
- The current agent designated in your medical power of attorney
- Anyone under the age of 18
Relevant Law: IA Code § 144B.3
How long is your Iowa medical power of attorney effective?
Unless you have included an expiration date in your Iowa medical power of attorney, it will be effective indefinitely once it is signed, dated, and delivered to your agent. You must either revoke your medical power of attorney or regain the ability to make decisions for yourself in order to take power away from your agent.
Relevant Law: IA Code § 144B.8
How to Revoke an Iowa Medical Power of Attorney
In Iowa, a durable power of attorney may be revoked at any time by the principal in any manner they are able to communicate this intent. This is without regard to mental or physical condition. The principal may inform either the agent or the health care provider in writing or orally. To do so in writing, use a revocation of power of attorney form.
Relevant Law: IA Code § 144B.8