Substitute Decision Making Laws, Publications, and Resources

Laws

Iowa Statutes and Regulations

Iowa Life Sustaining Procedure (Living Will) Act: Enter 144A

Durable Power of Attorney for Health Care: Enter 144B

Out-of-Hospital Do-Not-Resuscitate Order: Enter 144A.7A

Powers of Attorney: Enter 633B

Guardianship and Conservatorship: Enter 633.551-633.585

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Proposed Legislation

The Uniform Law Commission (National Conference of Commissioners on Uniform State Laws) proposes “model” state l acts for adoption by the states in areas where uniformity of state laws is desirable. These uniform acts must be enacted by individual states in order to become effective. The Uniform Law Commission has promulgated two uniform acts related to substitute decision making which are set forth below.

Click Here To View: Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA)

In 2007 the Uniform Law Commission promulgated the UAGPPJA to address the problems of court jurisdiction over adult guardianships and conservatorships in cases where there are multi-state jurisdictional disputes. Iowa has not adopted the UAGPPJA.

Click Here To View: Uniform Power of Attorney Act (UPOAA)

In 2006 the Uniform Law Commission issued the UPOAA. The aim of this Act was to promote the autonomy of principals including older persons and to prevent, detect and redress power of attorney abuse by agents. Iowa has not adopted the Act.
This act provides a simple way for people to deal with their property by providing a power of attorney in case of future incapacity. While chiefly a set of default rules, the act also contains safeguards for the protection of an incapacitated principal.