144B.6 - ATTORNEY IN FACT -- PRIORITY TO MAKE DECISIONS.
144B.6 ATTORNEY IN FACT -- PRIORITY TO MAKE
DECISIONS.
1. Unless the district court sitting in equity specifically finds
that the attorney in fact is acting in a manner contrary to the
wishes of the principal or the durable power of attorney for health
care provides otherwise, an attorney in fact who is known to the
health care provider to be available and willing to make health care
decisions has priority over any other person, including a guardian
appointed pursuant to chapter 633, to act for the principal in all
matters of health care decisions. The attorney in fact has authority
to make a particular health care decision only if the principal is
unable, in the judgment of the attending physician, to make the
health care decision. If the principal objects to a decision to
withhold or withdraw health care, the principal shall be presumed to
be able to make a decision.
2. In exercising the authority under the durable power of
attorney for health care, the attorney in fact has a duty to act in
accordance with the desires of the principal as expressed in the
durable power of attorney for health care or otherwise made known to
the attorney in fact at any time. A declaration executed by the
principal pursuant to the life- sustaining procedures Act, chapter
144A, shall not be interpreted as expressing an intent to prohibit
the withdrawal of hydration or nutrition when required to be provided
parenterally or through intubation and shall not otherwise restrict
the authority of the attorney in fact unless either the declaration
or the durable power of attorney for health care expressly provides
otherwise. If the principal's desires are unknown, the attorney in
fact has a duty to act in the best interests of the principal, taking
into account the principal's overall medical condition and prognosis.
Section History: Recent Form
91 Acts, ch 140, §6