What Is a Living Will in Iowa?
A living will is an advance directive that instructs your healthcare providers to follow your wishes regarding life-prolonging medical procedures, but only if you suffer from a terminal condition, a medical condition which would cause you to die within a short period of time without the administration of life sustaining treatment, and/or you are in a persistent vegetative state, a condition in which a person is in a state of unresponsiveness in which he or she has permanently lost the cognitive ability to interact with the environment. When you create a living will, you are essentially telling your physician when (and when not) to apply medical measures that would be used to avert death. For example, if you are comatose and there is no chance of your waking up and you are diagnosed as terminal , a living will would permit your physician to withhold certain medical treatments so you could die naturally.
A living will differs from a "do not resuscitate" (DNR) order. A DNR order tells your physicians not to administer lifesaving measures to revive you if you experience a cardiac arrest. So if you have a DNR order and you are admitted to the hospital, the emergency medical technicians or other persons responding to a call would not perform cardiopulmonary resuscitation. If you do not have a living will, your physicians must balance your interests with those of your family. In absence of a living will, your family may have to make the decision for you about whether to withhold life-sustaining treatment based on their experience with your values and philosophies and how they apply to a particular situation. A living will resolves many decisions for your family. They will know what your wishes are, and they can feel confident that they are following your desires and not making a decision based on their fears, hopes, or guilt.
Iowa Living Will Requirements
The legal requirements for living wills in Iowa must include the following: The principal (the person making the living will) must be a competent adult of at least 18 years of age. The form must be voluntarily signed in the presence of two witnesses or acknowledged before and authenticated by a notary public. The two subscribing witnesses must be adults. One witness may be a person authorized to make health care decisions on behalf of the patient (unless the witness is serving as an agent under a durable power of attorney for health care). One witness may be the health care provider, an employee of the health care provider, the operator of the health care facility, an employee of the health care facility, or an employee of the hospital. Having multiple witnesses sign does not invalidate the living will if they are qualified to do so. An interested party (i.e., someone with a financial interest in the estate) cannot be a witness. None of the witnesses can be a person who is to receive a health care benefit under the living will.
Under the current Iowa statute, living wills do not need to be notarized, as long as they are signed by two qualified witnesses. However, having a notary transaction on the form adds another layer of protection to ensure that the form is properly authenticated.
How to Draft an Iowa Living Will
There are some steps you should follow to create a Living Will in Iowa. First, you should gather the information that you will need to fill out the Living Will. After you research and complete your preparation, you should make sure that the Living Will form complies with the laws and standards set out by the state in which you live. You should also double check that the form that you have used is an up to date one. After filling out the form properly, you will need to sign it in front of witnesses and a notary. Finally, you should store your completed Living Will in an easy to access yet secure place such as a locked drawer or safety deposit box.
The first step is to research the form and instructions for use of the Living Will. You can most easily do this using the Internet by searching the keywords "Living Will Iowa". You will be able to find this form for free on websites that provide advice and information regarding different aspects of estate planning. You should read the booklet that is provided along with the form carefully. You should also fill out the form while you read the information provided. After reading the entire booklet, you can proceed to complete the form. You should fill out the Living Will form according to the instructions and your wishes. Because of the life and death nature of the decisions you are making, you should carefully review your choices and double check that the form itself is filled out properly before you sign it. It is often suggested that you discuss your wishes with your family members and your doctor. While they are not necessary to complete the Living Will or legally required to witness your signature or notarize the document, their insight could prove to be invaluable in making sure that the document is clear to everyone. It will also help your family members and friends understand your decisions regarding end of life issues. After you have filled out the form carefully and made sure it is accurate, you will need to have the form signed and notarized. The requirements for signing the Living Will vary from state to state. In general, you will need two witnesses to attest to the fact that you signed the document in front of them. These people cannot be your family members – however, they can be anyone who is not related to you at all. You then should have your signature and the witness signatures notarized. A notary is an agent of the state who will verify that you are who you say you are and witnessed the document being signed. Once you have signed, dated and notarized your document, you should store it in a safe place where it is easily accessible to those who may need to stand in for you if you are unable to articulate your wishes. You should also distribute copies to your loved ones so that they will better understand your decisions about medical treatments when the time comes that they may be asked to make those decisions.
How to Change or Revoke Your Living Will
Amending or revoking a living will in Iowa is generally a straightforward process. Should you decide to revoke a previously executed living will, the cancellation must be in writing, and it must be signed (or at least acknowledged by signature) by the specific individual who signed the living will in the first place.
If you decide to make any changes to your existing forms, your Iowa living will revocation form merely needs to be dated after your initial form. You may also make changes to your living will at any time. In some cases, even if the new document appears to be a competing document with your prior one, the new will takes precedence. You should discuss these issues with a qualified Iowa attorney if you think your living will might be disputed.
While the process should be as straightforward as the above steps imply, both modifications to existing living wills and amendments to living wills have the potential to be highly contentious. In these disputes, the best way to validate the terms of a living will or amendment is to verify that the individual who made the agreement of his or her own free will. If family members want to contest the terms of a living will, they need to prove that the individual did not have the competency to create a living will at the time of its formation. This is often pure guesswork, as only the individual who signs the document (who is unlikely to admit to being incapable of signing a living will) can clarify the details of the signing.
Iowa Living Will Myths
Many people hold misunderstandings when it comes to living wills. It is important to separate fact from fiction when making decisions about your end of life control. Below are some of the most common myths and facts surrounding Iowa Living Wills.
Myth: I can’t change what’s in the document once completed.
Fact: You have the right to make changes to your documents at any time. The forms are not a one-and-done situation. You may even choose to complete a new document, or move elsewhere to a facility that offers a different level of care. Your healthcare representative should be advised of any changes, too.
Myth: Living Wills only apply to people who are terminally injured or ill.
Fact: You may choose to have your living will play a role in your future even if you are not terminally ill. For example, those with dementia or Alzheimer’s may want to forego their right to extraordinary measures once a certain stage of their illness is reached. This plan will allow for more guidance than simply relying on family members to make such decisions for you.
Myth: My spouse will know what I want if something happens.
Fact: Sadly , this is not always the case. Having a living will in place takes the guesswork out of it for all parties involved, including your spouse. This way you can be confident that your wishes will be carried out when the time comes.
Myth: I’ll just communicate my wishes to my healthcare representative—there’s no need for any other documents.
Fact: Although it is always wise to let your loved ones know your wishes regarding your future care, having your wishes in writing is even better. In addition to a living will, you should also have the proper durable power of attorney documentation to ensure everything is covered.
Myth: If I have a living will in Iowa, I don’t need anything else.
Fact: While a living will is an important part of your planning that provides your loved ones with some control over your future care, there are additional steps you may take beyond these documents. They should be put in place to make sure everyone is on the same page and to allow for full family participation in your future care.
Advantages of a Living Will
Having a Living Will in place when it is needed is a significant advantage in not only making sure that your healthcare wishes are honored after death, but also in easing the burden on your family before that time comes.
You may be familiar with some of the legal terminology commonly associated with estate planning like a:
Will
Durable Power of Attorney for healthcare and finances
Trust
Living Will (or Directive to Physicians for Iowa residents).
A Living Will specifically details your desires concerning healthcare decisions during a time when you are unable to give them. Because they are legally binding, doctors are required to follow the instructions set forth by these documents. Living Wills go into effect when your doctors determine that a terminal or irreversible condition has left you unable to make your own decisions.
Living Wills are powerful tools, especially when it comes to easing the burden on your loved ones – who may otherwise be faced with making a critical decision for their parent, spouse, or sibling.
It’s nearly impossible for some people to decide who should make their Healthcare Decisions for them in the event that they are not able to make these decisions themselves. But in the event that deployment is not an opportunity for an especially important Estate Planning piece, your Living Will takes care of this for you.
And that’s just one of the ways that a Living Will can protect and benefit you while also taking care of your loved ones.
Until you need your Living Will, you might not give it much thought. But when the time comes, it’s extremely comforting to know that you’ve made your desires known and arranged for even the seemingly small detail of a hospital visit.
Where to Get Help with Iowa Living Wills
Emory Law’s Elder Law Association has developed a free guide and short videos that focuses on how to file or revoke an Iowa Directive to Physicians – commonly known as a Living Will. The guide covers the answers to common questions and topics, such as: the difference between a Living Will and a Power of Attorney for Healthcare, where to file and how to revoke a previous Directive to Physicians .
The Iowa Family Caregiver Support Program is available to assist in locating resources and providing access to support programs. The National Elder Law Foundation provides a list of resources for those wanting to develop an estate plan, living will, etc. The Aging and Disability Resource Center serves as a starting point for information on services or support for all older Iowans and those with disabilities.