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Living Will And Medical Power Of Attorney Form. This is a Iowa form and can be use in Miscellaneous Statewide.
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Tags: Living Will And Medical Power Of Attorney, 123, Iowa Statewide, Miscellaneous
THE IOWA STATE BAR ASSOCIATION
Official Form No. 123
FOR THE LEGAL EFFECT OF THE USE OF
THIS FORM, CONSULT YOUR LAWYER
DECLARATION RELATING TO LIFE-SUSTAINING PROCEDURES
(Living Will)
AND
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
(Medical Power Of Attorney)
I.
DECLARATION RELATING TO LIFE-SUSTAINING PROCEDURES
If I should have an incurable or irreversible condition that will result either in death within a relatively short
period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty,
there can be no recovery, it is my desire that my life not be prolonged by the administration of life-sustaining
procedures. If I am unable to participate in my health care decisions, I direct my attending physician to withhold
or withdraw life-sustaining procedures that merely prolong the dying process and are not necessary to my
comfort or freedom from pain.
This declaration is subject to any specific instructions or statement of desires I have added in "Additional
Provisions" below.
II.
POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
I hereby designate
(Type or Print) Name of Agent
(Type or Print) Street Address
Phone Number
State
City
Zip Code
as my attorney in fact (my agent) and give to my agent the power to make health care decisions for me. This
power exists only when I am unable, in the judgment of my attending physician, to make those health care
decisions. The attorney in fact must act consistently with my desires as stated in this document or otherwise
made known.
Except as otherwise specified in this document, this document gives my agent the power, where otherwise
consistent with the laws of the State of Iowa, to consent to my physician not giving health care or stopping health
care which is necessary to keep me alive.
This document gives my agent power to make health care decisions on my behalf, including to consent, to
refuse to consent, or to withdraw consent to any care, treatment, service, or procedure to maintain, diagnose, or
treat a physical or mental condition. This power is subject to any statement of my desires and any limitations
included in this document.
OPTIONAL: If the person designated as agent above is unable to serve, I designate the following person to
serve instead:
(Type or Print) Name of Alternate
Phone Number
(Type or Print) Street Address
State
City
Zip Code
OPTIONAL: ADDITIONAL PROVISIONS - Insert here specific instructions or statement of desires (if any):
Signed this
day of
.
Your Signature (Declarant/Principal)
Street Address
City
,
State
Zip
Type or Print Your Name
IMPORTANT NOTE: THIS DOCUMENT MUST BE SIGNED BEFORE A NOTARY PUBLIC OR TWO
WITNESSES. SEE REVERSE FOR NOTARY OR WITNESS FORMS. IF YOU WANT TO EXECUTE
EITHER A LIVING WILL DECLARATION OR A MEDICAL POWER OF ATTORNEY, BUT NOT BOTH,
SEPARATE FORMS ARE AVAILABLE FROM THE IOWA STATE BAR ASSOCIATION. IF YOU HAVE
QUESTIONS REGARDING THIS FORM OR NEED ASSISTANCE TO COMPLETE IT, YOU SHOULD
CONSULT AN ATTORNEY.
© The Iowa State Bar Association 2006
IOWADOCS
DECLARATION RELATING TO LIFE-SUSTAINING PROCEDURES and
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS Revised January 2006
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NOTARY PUBLIC FORM
, COUNTY OF
STATE OF
by
ss:
,
This document was acknowledged before me on
.
, Notary Public
WITNESS FORM
We, the undersigned, hereby state that we signed this document in the presence of each other and the
Declarant/Principal and we witnessed the signing of the document by the Declarant/Principal or by another
person acting on behalf of the Declarant/Principal at the direction of the Declarant/Principal; that neither of us is
appointed as attorney in fact by this document; that neither of us are health care providers who are presently
treating the Declarant/Principal, or employees of such a health care provider. We further state that we are both at
least 18 years of age, and that at least one of us is not related to the Declarant/Principal by blood, marriage or
adoption.
Signature of First Witness
Signature of Second Witness
(Type or Print Name of Witness)
(Type or Print Name of Witness)
Street Address
Street Address
City
State
Zip Code
City
State
Zip Code
GENERAL INFORMATION REGARDING THIS DOCUMENT
1. "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or
mental condition. "Life-sustaining procedure" means any medical procedure, treatment, or intervention which utilizes
mechanical or artificial means to sustain, restore, or supplement a spontaneous vital function, and when applied to a person in
a terminal condition, would serve only to prolong the dying process. "Life sustaining procedure" does not include
administration of medication or performance of any medical procedure deemed necessary to provide comfort care or to
alleviate pain.
2. The terms "health care" and "life-sustaining procedure" include nutrition and hydration (food and water) only when provided
parenterally or through intubation (intravenously or by feeding tube). Thus, this document authorizes withholding nutrition or
hydration that is provided intravenously or by feeding tube. If this is not what you want, you should set forth your specific
instructions in the space provided on page 1.
3. The following individuals shall not be designated as the attorney in fact to make health care decisions under a durable
power of attorney for health care:
a. A health care provider attending the principal on the date of execution.
b. An employee of such a health care provider unless the individual to be designated is related to the principal by blood,
marriage, or adoption within the third degree of consanguinity.
4. The power of attorney for health care decisions or the declaration relating to use of life-sustaining procedures may be
revoked at any time and in any manner by which the principal/declarant is able to communicate the intent to revoke, without
regard to mental or physical condition. A revocation is only effective as to the attending health care provider upon its
communication to the provider by the principal/declarant or by another to whom the principal/declarant has communicated the
revocation.
5. It is the responsibility of the principal/declarant to provide the attending health care provider with a copy of this document.
6. A declaration relating to use of life-sustaining procedures will be given effect only when the declarant's condition is
determined to be terminal or the declarant is in a state of permanent unconsciousness, and the declarant is not able to make
treatment decisions.
SUGGESTIONS AFTER FORM IS PROPERLY SIGNED, WITNESSED OR NOTARIZED
1.
2.
3.
4.
Place original in a safe place known and accessible to family members or close friends.
Provide a copy to your doctor.
Provide a copy(s) to family member(s).
Provide a copy to the designated attorney in fact (agent) and to alternate designated attorneys in fact (if any).
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AUTHORIZATION FOR RELEASE OF PROTECTED HEALTH INFORMATION TO NOMINATED HEALTH
CARE ATTORNEY-IN-FACT
Pursuant to the terms of a Durable Power of Attorney, Health Care Decisions, (or Combined Living Will and
Medical Power of Attorney) (HCPOA) dated __________________, _______, in which the undersigned is the
grantor, the power becomes effective in the event of my disability or incapacity.
AUTHORIZATION TO RELEASE INFORMATION:
I authorize any physician, health care professional, dentist, health plan, hospital, clinic, laboratory, pharmacy, or
other covered health care provider, any insurance company and the Medical Information Bureau, Inc., or other
health care clearinghouse that has provided treatment or services to me or that has paid for or is seeking
payment from me for such services, to give, disclose, and release to the person or persons designated in this
document to act as my agent such of my individually identifiable health information and medical records
regarding any past, present or future medical or mental health condition
(including all specially protected health information relating to each of the following conditions specifically
authorized by me to be disclosed by marking the box with an "X" or a check mark:
___sexually transmitted diseases, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency
virus (HIV);
___behavioral and mental health; and
___alcohol, drug and other substance abuse)
relating to my ability to make health care decisions. The purpose of this request is to assist in determining
whether the person designated to act as my agent should act as my agent. This authorization expires when I die
or when revoked by me by a written revocation signed by me and delivered to the entity from which information is
being requested prior to the time information is being requested.
I understand I can revoke this authorization by delivering a written statement of revocation to any entity I have
authorized to give, disclose and release information. The revocation is effective only as to those entities to whom
the written statement revocation is given and only after the time of delivery. I also understand that I have the
right to inspect the disclosed information at any time. My treatment, payment, enrollment or eligibility for benefits
with an entity that I have authorized to release information is not conditioned on my signing this authorization. I
know that once the information I have authorized to be released is released it is subject to re-disclosure by the
recipient and is no longer protected by the Health Insurance Portability and Accountability Act of 1996 and
regulations promulgated pursuant thereto, as amended from time to time.
THE AUTHORITY TO ACT AS PERSONAL REPRESENTATIVE
In addition to the other powers granted by the HCPOA, I grant to my agent the power and authority to serve as
my personal representative for all purposes of the Health Insurance Portability and Accountability Act of 1996, as
amended from time to time, and its regulations (HIPAA) during any time that my agent (hereinafter referred to in
subsequent clauses of this paragraph as my "HIPAA personal representative") is exercising authority under this
document.
Pursuant to HIPAA, I specifically authorize my HIPAA personal representative to request, receive and review any
information regarding my physical or mental health, including without limitation all HIPAA-protected health
information, medical and hospital records; to execute on my behalf any authorizations, releases, or other
documents that may be required in order to obtain this information and to consent to the disclosure of this
information. I further authorize my HIPAA personal representative to execute on my behalf any documents
necessary or desirable to implement the health care decisions that my HIPAA personal representative is
authorized to make under the HCPOA.
Dated this _____day of ________________, _______.
_______________________________
, Grantor
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