Signing a living will does not mean it applies the moment you sign it. Iowa law builds specific medical triggers into how this document actually works, and understanding those triggers matters when deciding whether your wishes will be honored the way you intend.
The Statute That Governs This Document
Under Iowa Code Chapter 144A, a competent adult may execute a declaration directing that life-sustaining procedures be withheld or withdrawn, but the declaration only becomes operative once the declarant’s condition is determined to be terminal and the declarant is no longer able to make treatment decisions.
What It Actually Takes To Sign A Valid Declaration
The declaration must be signed by the declarant, or by another person acting at the declarant’s direction, must include the date of execution, and must be witnessed or acknowledged through one of the methods specified in the statute, such as two witnesses or a notarial officer.
Why This Document Only Applies Under Specific Conditions
This declaration does not authorize withholding treatment simply because someone has an illness or diminished capacity. It only takes effect once a physician determines the declarant’s condition is terminal, meaning it will result in death within a relatively short time or a state of permanent unconsciousness with no reasonable expectation of recovery.
What Happens If Someone Never Executed A Declaration
Iowa law addresses situations where no declaration exists, generally allowing a hierarchy of family members and others to make treatment decisions on behalf of someone who cannot make decisions themselves, though this process introduces more uncertainty than having a clear declaration already in place.
How A Declaration Can Be Revoked
A declaration can generally be revoked at any time, regardless of the declarant’s mental or physical condition, by a signed and dated writing, physical destruction of the document, an oral expression of intent to revoke, or another method clearly communicating the intent to revoke. Law Group of Iowa makes sure clients understand this flexibility, since circumstances and wishes can change over time.
What Documentation Supports A Properly Executed Declaration
Because this document’s validity depends on meeting specific statutory requirements, keeping the following in order matters considerably:
- The signed and dated declaration itself, with proper witnessing or notarization
- Copies distributed to the declarant’s physician, hospital, and close family members
- Clear identification of any designated agent authorized to act on the declarant’s behalf
- Records confirming the declaration reflects the declarant’s current wishes
Preparing A Living Will For A Des Moines Estate Plan
Because this document only functions correctly when it meets the statute’s specific execution requirements, careful drafting matters from the outset. A Des Moines living will lawyer can help prepare a declaration that satisfies these requirements and clearly reflects a person’s actual wishes.
Reviewing An Existing Declaration For Validity
A declaration executed years ago, or one prepared without legal guidance, may not meet the current statutory requirements or may no longer reflect a person’s actual wishes. A Des Moines living will lawyer can review an existing document to confirm it remains valid and up to date.
This document only works as intended when it is properly executed and clearly communicates specific wishes under the statute’s medical triggers. If you are preparing or reviewing a living will in Des Moines, reach out to our office to go over what your document should include.
