An Iowa health care power of attorney (medical power of attorney) is a form that allows you, the “principal”, to grant a person you trust, the “agent” or “attorney in fact”, the power to make health care decisions for you if you become incapacitated.
In Iowa, a health care power of attorney is also known as a:
- Durable Power of Attorney for Health Care
- Medical Power of Attorney (MPOA)
Laws: Health care powers of attorney in Iowa are governed by Chapter 144B of the Iowa Code.
In the case of an unforeseen event, consider adding these documents to your estate plan alongside your health care power of attorney:
- Living Will: This document outlines your end-of-life treatment preferences. Living wills and medical powers of attorney 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: This document 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 Health Care Power of Attorney for Iowa
Following the steps below will help ensure that your health care POA meets the requirements outlined in Chapter 144B of the Code of Iowa and is legally binding.
Download an Iowa Health Care Power of Attorney Form
Use the template below as a guide to create your IA durable power of attorney for health care:
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 don’t want to receive certain treatments or have specific preferences (for example, you don’t want your organs donated after your death), you may write them in the special instructions section of your health care power of attorney form.
If no limitations are expressed, your agent will be allowed to make almost any health care decisions for you.
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 document to be legally binding, you must sign it. If you’re physically unable to sign, you can direct another person to sign for you. This may be anyone you trust.
Do you need witness or notary signatures?
Yes, your signature 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
- An employee of your attending health care provider
- Your agent
- Anyone under the age of 18
Relevant Law: IA Code § 144B.3
How long is your Iowa health care power of attorney effective?
Unless you have included an expiration date in your health care POA, it will be effective indefinitely once it is signed, dated, and delivered to your agent. Keep in mind you can change or revoke your power of attorney at any time.
Relevant Law: IA Code § 144B.8
How to Revoke a Health Care Power of Attorney in Iowa
In Iowa, a durable power of attorney for health care may be revoked at any time by the principal in any manner they are able to communicate this intent without regard to mental or physical condition. The principal may inform either the agent or the health care provider that they want to revoke the POA in writing or orally.
We recommend using a written revocation of power of attorney form to ensure your revocation is communicated clearly to all parties involved (like your agent and doctors).
Relevant Law: IA Code § 144B.8