DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS (Medical Power of Attorney) I,, born, designate

Similar documents
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

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE:

ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE

POWER OF ATTORNEY: CARE AND CUSTODY OF CHILD OR CHILDREN

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR HEALTH CARE

~ Ohio ~ Durable Power of Attorney for Health Care Christian Version NOTICE TO ADULT EXECUTING THIS DOCUMENT

Rhode Island Statute CHAPTER Health Care Power of Attorney

DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS WARNING TO PERSON EXECUTING THIS DOCUMENT

SAN DIEGO JUVENILE COURT PROCEDURE TO OBTAIN AUTHORIZATION TO USE OR DISCLOSE PROTECTED MENTAL HEALTH INFORMATION FOR EVALUATIONS OF MINORS IN CUSTODY

WASHINGTON HEALTH CARE DIRECTIVE (LIVING WILL / HEALTH CARE POWER OF ATTORNEY) SAMPLE. John Doe

TENNESSEE LIVING WILL

General Durable Power of Attorney: Finances, Property, and Health Care (Florida Statutes et seq.)

The Halachic Living Will

32A-4 through 32A-7. Reserved for future codification purposes.

Third Parties Making Health Care and End of Life Decisions

Georgia Statutory Short Form Durable Power of Attorney For Health Care

Medical Durable Power of Attorney

Advance Directive Forms

ADVANCED DIRECTIVE DOCUMENTS

DOWNLOAD COVERSHEET:

2. THIS POWER OF ATTORNEY BECOMES EFFECTIVE IMMEDIATELY UNLESS YOU STATE OTHERWISE IN THE SPECIAL INSTRUCTIONS.

Power of Attorney and Living Will

I, the Volunteer, hereby freely, voluntarily and without duress execute this Release under the following terms:

& Care & Choice at the End of Life. Advance Directive. Planning for Important Healthcare Decisions

WITNESSETH: 2.1 NAME (Print Provider Name)

C:\! FWM fall 2007\! chapter 9 HANDOUTS.wpd 10/21/07 1:57 pm

STATUTORY FORM POWER OF ATTORNEY

NOTICE TO THE INDIVIDUAL SIGNING THE ILLINOIS STATUTORY SHORT FORM POWER OF ATTORNEY FOR PROPERTY

, a person of the full age of majority and a resident of the Parish of, State of Louisiana, and residing at

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2007 S 1 SENATE BILL 1046

ARKANSAS STATUTORY FORM POWER OF ATTORNEY IMPORTANT INFORMATION

Supportive Decision Making Alternatives to Article 17A Guardianship

STATUTORY DURABLE POWER OF ATTORNEY

Right to Die Laws. The bill requires confirmation of a terminal condition by two physicians.

Need some help filling out your Living Will document below?

MEMORANDUM. TO: Senate Judiciary Committee FROM: Kansas Judicial Council DATE: January 30, 2008 RE: 2008 Senate Bill No.

MENTAL HEALTH ADVANCE DIRECTIVES - GUIDE FOR AGENTS

SYNOPSIS. Exhibit 23A. Sample Colorado Statutory Form Power of Attorney for Property Introduction to Powers of Attorney

1. Complete the standard tort claim form. 2. Present the completed form in person or mail it to Port of Vancouver USA.

The essential guide to planning for your family s future, with real, useful legal documents to get you started. Health surrogate form

2. "Artificially administered" means providing food or fluid through a medically invasive procedure.

DIRECTIONS This booklet reflects changes in the law that became effective in January 2017.

STATUTORY DURABLE POWER OF ATTORNEY

PROPOSED LEGISLATIVE REVISIONS FOR 2010 FLORIDA BAR ADVANCE DIRECTIVES AND HIPAA COMMITTEE HEALTH CARE SURROGATE FOR A MINOR

DOWNLOAD COVERSHEET:

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY

DECLARATION OF A DESIRE FOR A NATURAL DEATH STATE OF SOUTH CAROLINA

Right to a natural death.

ESTATES AND PROTECTED INDIVIDUALS CODE (EXCERPT) Act 386 of 1998 PART 5 DURABLE POWER OF ATTORNEY AND DESIGNATION OF PATIENT ADVOCATE

- 79th Session (2017) Assembly Bill No. 474 Committee on Health and Human Services

DIRECTIONS. What is a Power of Attorney?

QUESTIONS AND ANSWERS ON POWERS OF ATTORNEY

MENTAL HEALTH ADVANCE DIRECTIVES

DOWNLOAD COVERSHEET:

STATUTORY DURABLE POWER OF ATTORNEY

Lw,- 4~ '~'r~

DRAFTING POWERS OF ATTORNEY FOR PROPERTY AND HEALTH CARE

NC General Statutes - Chapter 90 Article 23 1

NEVADA STATUTORY POWER OF ATTORNEY NRS 162A.620

Overview of Estate Planning

Appendix A STATUTORY DURABLE POWER OF ATTORNEY

Arkansas: Advance Directive

Planning for Your PEACE OF MIND. Prepared by the Michigan Legislature

An Act. ENROLLED HOUSE By: Calvey, Lockhart, Johnson, Lepak, Cleveland, Faught and Kern of the House

WILLS CLINIC PROJECT RESOURCE BOOKLET (last updated March 2014)

Police Officer Minimum Requirements

(1) Adult shall mean any person who is nineteen years of age or older or who is or has been married;

ENDURING POWER OF ATTORNEY

IOWA STATUTORY POWER OF ATTORNEY FORM

PUBLIC RECORDS REQUEST FLOW CHART

Power of Attorney Statutory form ( 46B-1-301)

BUSINESS ASSOCIATE AGREEMENT

Powers of Attorney: Not All the Same

Person Completing Form: Agency Completing: Date Form Completed:

City of Mattoon Fire Department

Gifting of Shares Packet

(SPECIAL) FORMS AND INSTRUCTIONS

DOWNLOAD COVERSHEET:

APPLICATION FOR DENTAL HYGIENE/ PROVISIONAL LICENSURE

EXPUNGEMENT APPLICATION

LESS RESTRICTIVE ALTERNATIVES TO GUARDIANSHIP

PERSONAL DATA Last Name First Middle Social Security No.

Non-Certified Radiologic Technologist-Registry Application

General Durable Power of Attorney. 1 I,, as principal, hereby appoint as my agent, to be my attorney-in-fact.

Village of Stickney Police Department

Please visit our website to pay the application fee, complete the online application and download all release forms:

APPLICATION FOR LMSW LICENSURE

APPLICATION FOR DENTAL HYGIENE/ PROVISIONAL LICENSURE

Laws Relating to Individual Decision Making

Chapter 11 Admission for Mental Health Treatment Pursuant to Advance Instruction or Health Care Power of Attorney

THE HUMAN TISSUE (REMOVAL, PRESERVATION AND TRANSPLANT) BILL (No. V of 2018) Explanatory Memorandum

VESC FORM 1004 (03/01/17) Application for Filing a Claim for Compensation for Victims of the 1924 Virginia Eugenical Sterilization Act

THE RETIREMENT BOARD OF THE FIREMEN S ANNUITY AND BENEFIT FUND OF CHICAGO

FORMS AND INSTRUCTIONS

Legal Decision- Options for Support. About the WI GSC Core Concepts Advance Directives. Guardianship Support Center. What will be covered today?

Referred to Committee on Health and Human Services. SUMMARY Revises provisions governing mental health. (BDR )

North Carolina Declaration Of A Desire For A Natural Death

APPLICATION FOR INITIAL LICENSE

Transcription:

THE IOWA STATE BAR ASSOCIATION Official Form No. 121 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS (Medical Power of Attorney) I,, born, designate (Type or Print) Name of Agent, Street Address, City, State, Zip Code and Phone Number. 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. I hereby revoke all prior Durable Powers Of Attorney for Health Care Decisions. 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 Agent, Street Address, City, State, Zip Code and Phone Number. OPTIONAL: ADDITIONAL PROVISIONS - Insert here specific instructions or statement of desires (if any): YES NO In the event that medical professionals determine that I may be an organ donor, I agree to the use of life-sustaining procedures, including a ventilator, for the sole purpose and time period required to complete the organ donation. Nothing in this paragraph shall be construed to expand or detract from the laws related to anatomical gifts as outlined in the Iowa Code, Chapter 142C. The purpose of this paragraph is to practically and medically make organ donation possible. Signed this this day of,. Type or Print Your Name Your Signature (Declarant/Principal) Address, Street, City State and Zip The Iowa State Bar Association 2013 IOWADOCS This Power of Attorney must be witnessed by two persons or notarized. 121 DURABLE POWER OF ATTORNEY FOR HEALTH CARE Revised August 2013

Durable Power of Attorney for Health Care Decisions Form for STATE OF, COUNTY OF This record was acknowledged before me this day of,, by. Signature of Notary Public By signing this form I declare that I signed this form in the presence of the other witness and the Principal and I witnessed the signing by the Principal or other person acting on behalf of and at the Principal's direction. WITNESS FORM Signature of First Witness Type or Print Name of Witness Street Address, City, State, Zip Code Signature of Second Witness Type or Print Name of Witness Street Address, City, State, Zip Code

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) Signature of Principal Date 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,.,declarant

GENERAL INFORMATION ON DURABLE POWER OF ATTORNEY FOR HEALTH CARE A durable power of attorney for health care is subject to the provisions of Chapter 144B of the Code of Iowa and reference should be made to that chapter. The following is a summary of some of the provisions of Chapter 144B of the Code of Iowa. 1. "Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition. "Health care" does not include the provision of nutrition or hydration except when they are required to be provided parenterally or through intubation. 2. The following individuals shall not be witnesses for 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 a health care provider attending the principal on the date of execution. c. The individual designated in the durable power of attorney for health care as the attorney in fact. d. An individual who is less than eighteen years of age. 3. One of the witnesses shall be an individual who is not a relative of the principal by blood, marriage, or adoption within the third degree of consanguinity. 4. 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 a health care provider attending the principal on the date of execution unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity. 5. Revocation. a. 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. b. Revocation may be made by notifying the attorney in fact orally or in writing. c. Revocation can also be made by notifying a health care provider orally or in writing while that provider is engaged in providing health care to the principal. d. A revocation is only effective as to a health care provider upon its communication to the provider by the principal or by another to whom the principal has communicated revocation. e. The health care provider is required to document the revocation in the treatment records of the principal. f. The principal is presumed to have the capacity to revoke a durable power of attorney for health care. g. Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care.

6. Prohibited Practices. a. 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. b. A policy of life insurance shall not be legally impaired or invalidated in any manner by the withholding or withdrawing of health care pursuant to the direction of an attorney in fact appointed pursuant to this Chapter. 7. It is the responsibility of the principal to notify the health care provider (doctor) of the terms of the Durable Power of Attorney for Health Care. SUGGESTIONS AFTER FORM IS PROPERLY SIGNED, WITNESSED OR NOTARIZED 1. Place original in a safe place known and accessible to family members or close friends. 2. Provide a true copy to your doctor. 3. Provide a copy(s) to family member(s). 4. Provide a copy to designated attorney in fact (agent) and to alternate designated attorney (s) in fact (if any).