144B.1 Definitions. For purposes of this chapter, unless the context otherwise requires: 1. “Attorney in fact” means an individual who is designated by a durable power of attorney for health care as an agent to make health care decisions on behalf of a principal and has consented to act in that capacity. 2. “Designee” means […]
144B.10 Emergency treatment. This chapter does not affect the law governing health care treatment in an emergency. 91 Acts, ch 140, §10
144B.11 Prohibited practices. 1. A health care provider, health care service plan, insurer, self-insured employee welfare benefit plan, or nonprofit hospital plan shall not condition admission to a facility, or the providing of treatment, or insurance, on the requirement that an individual execute a durable power of attorney for health care. 2. A policy of […]
144B.12 General provisions. 1. This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf […]
144B.2 Durable power of attorney for health care. A durable power of attorney for health care authorizes the attorney in fact to make health care decisions for the principal if the durable power of attorney for health care substantially complies with the requirements of this chapter. A document executed prior to May 8, 1991, purporting […]
144B.3 Requirements. 1. An attorney in fact shall make health care decisions only if the following requirements are satisfied: a. The durable power of attorney for health care explicitly authorizes the attorney in fact to make health care decisions. b. The durable power of attorney for health care contains the date of its execution and […]
144B.4 Individuals ineligible to be attorney in fact. 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: 1. A health care provider attending the principal on the date of execution. 2. An employee of a health care provider […]
144B.5 Durable power of attorney for health care — form. 1. A durable power of attorney for health care executed pursuant to this chapter may, but need not, be in the following form: I hereby designate ………………………….. as my attorney in fact (my agent) and give to my agent the power to make health care […]
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 […]
144B.7 Authority to review medical records. Except as limited by the durable power of attorney for health care, an attorney in fact has the same right as the principal to receive and review medical records of the principal, and to consent to the disclosure of medical records of the principal when acting pursuant to the […]
144B.8 Revocation of durable power of attorney. 1. A durable power of attorney for health care may be revoked at any time and in any manner by which the principal is able to communicate the intent to revoke, without regard to mental or physical condition. Revocation may be by notifying the attorney in fact orally […]
144B.9 Immunities and responsibilities. 1. A health care provider is not subject to criminal prosecution, civil liability, or professional disciplinary action if the health care provider relies on a health care decision and both of the following requirements are satisfied: a. The decision is made by an attorney in fact who the health care provider […]
