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Iowa Revocation of Statutory Equivalent of Living Will or Declaration

Iowa Revocation of Statutory Equivalent of Living Will or Declaration

Category:

Power of Attorney - Healthcare - Revocations

State:

Iowa

Control #:

IA-P024B

Format:

Instant download

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Description

This is a revocation of Form IA-P024 which provides for a person's wishes and desires regarding whether or not his/her life is prolonged by artificial means. Specific reference is made to the earlier executed Declaration.

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FAQ

A will does not have to be recorded to be valid while a person is living. The only time a will needs to be recorded is following the death of the person that created the will, at which point the Will may need to be filed with the Clerk to start the probate process.

A living will is a vital part of the estate plan. You can alter it as your preferences and needs change over time.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans.

A 2004 survey by , which provides online legal information, found that 36 percent of Americans have a living will. Even when people have filled out living wills, doctors often ignore them. Good deaths are fewer than bad deaths, says Rev. Dr.

To be valid, a living will must meet state requirements regarding notarization or witnesses. A living will can be revoked at any time. The document can take effect as soon as it's signed, or only when it's determined that the person can no longer communicate his or her wishes about treatment.

A living will is a vital part of the estate plan.But your family cannot override your living will. They cannot take away your authority to make your own treatment and care plans. In fact, you always retain the right to override your own decisions.

Living Wills are Binding Legal Documents You need to legally outline your wishes in compliance with state law. Your living will needs to cover what you wish to happen if you become terminally ill, permanently unconscious, or unable to convey your own wishes.

Will my living will ever expire? Your living will remains effective for as long as you live, unless you intentionally revoke it or the courts get involved (e.g., someone challenges whether you had capacity to make the document, or a court questions whether your document meets the state's requirements).

Keep in mind that you can always change your Living Will for any reason, at any time, by revoking it. To do so, you will have to do more than tear up your existing document. It remains a legally binding document until it is formally revoked. You are the only person who can change or revoke your Living Will.

You can give a person complete authority to make all decisions, or limit them significantly to make only specific decisions.If you want specificity, it is better to do that in your living will, which the person with a durable power of attorney cannot override.

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Revocation of Statutory Equivalent of Living Will or Declaration

STATUTORY REFERENCE

ALL REFERENCES ARE TO THE IOWA CODE

REVOCATION OF DECLARATION (That Life Not Be Prolonged By Artificial Procedures)
(Â§Â§ 144A.1 through 144A.12)

An "adult" is an individual eighteen years of age or older.

A "declaration" is a document executed in accordance with the requirements of section 144A.3.

A "health care provider" is a person who is licensed, certified, or otherwise authorized or permitted by the law of this state to administer health care in the ordinary course of business or in the practice of a profession.

A "life sustaining procedure" is any medical procedure, treatment, or intervention which meets both of the following requirements:

Utilizes mechanical or artificial means to sustain, restore, or supplant a spontaneous vital function.

When applied to a patient in a terminal condition, would serve only to prolong the dying process.

"Life sustaining procedure" does not include the provision of nutrition or hydration except when required to be provided parenterally or through intubation or the administration of medication or performance of any medical procedure deemed necessary to provide comfort care or to alleviate pain.

A "qualified patient" is a patient who has executed a declaration and who has been determined by the attending physician to be in a terminal condition.

A "terminal condition" is an incurable or irreversible condition that, without the administration of life sustaining procedures, will, in the opinion of the attending physician, result 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.

A competent adult may execute a declaration at any time directing that life sustaining procedures be withheld or withdrawn. The declaration will be given operative effect only if the declarant's condition is determined to be terminal and the declarant is not able to make treatment decisions.

The declaration must be signed by the declarant or another person acting on behalf of the declarant at the direction of the declarant, must contain the date of its execution, and must be witnessed or acknowledged by one of the following methods:

Is signed by at least two individuals who, in the presence of each other and the declarant, witnessed the signing of the declaration by the declarant or by another person acting on behalf of the declarant at the declarant's direction. At least one of the witnesses must be an individual who is not a relative of the declarant by blood, marriage, or adoption within the third degree of consanguinity. The following individuals may not be witnesses for a declaration:

-A health care provider attending the declarant on the date of execution.
-An employee of a health care provider attending the declarant on the date of execution.
-An individual who is less than eighteen years of age.

Is acknowledged before a notarial officer within this state.

A declaration may be revoked at any time and in any manner by which the declarant is able to communicate the declarant's intent to revoke, without regard to mental or physical condition.

A revocation is only effective as to the attending physician upon communication to such physician by the declarant or by another to whom the revocation was communicated.

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