Free Iowa 123 Template
Things You Should Know About This Form
What is the purpose of the Iowa 123 form?
The Iowa 123 form serves two main purposes: it acts as a declaration relating to life-sustaining procedures, often referred to as a living will, and it designates a durable power of attorney for health care decisions. This means that individuals can express their wishes regarding medical treatment in situations where they may be unable to communicate those wishes themselves. The form allows you to specify whether you want life-sustaining procedures to be administered or withheld in the event of a terminal condition or permanent unconsciousness. Additionally, it enables you to appoint someone you trust to make health care decisions on your behalf when you are unable to do so.
How do I fill out the Iowa 123 form?
Filling out the Iowa 123 form involves several straightforward steps:
- Begin by entering your name and date of birth at the top of the form.
- Designate an agent who will make health care decisions for you. Include their name, address, and phone number.
- Clearly state your wishes regarding life-sustaining procedures. You can add any specific instructions in the "Additional Provisions" section.
- Sign the form in the presence of a notary public or two witnesses. Ensure that the witnesses meet the requirements outlined in the form.
It's essential to review the completed form carefully to ensure that it accurately reflects your wishes.
What happens if I change my mind after completing the Iowa 123 form?
You have the right to revoke the Iowa 123 form at any time. If you decide to change your mind, you can do so in any manner that communicates your intent to revoke the document. This can be done verbally or in writing. However, for the revocation to be effective with your attending health care provider, it must be communicated to them. It is advisable to inform your designated agent and any family members about your decision to revoke the form.
Is it necessary to have the Iowa 123 form notarized or witnessed?
Yes, the Iowa 123 form must be signed or acknowledged before a notary public or two witnesses to be considered valid. The witnesses must not be related to you by blood, marriage, or adoption, and they should not be your health care provider or an employee of your health care provider. This requirement helps ensure that your wishes are respected and that the document is legally binding.
Form Features
| Fact Name | Description |
|---|---|
| Purpose | The Iowa 123 form serves as both a Living Will and a Durable Power of Attorney for Health Care Decisions, allowing individuals to express their wishes regarding life-sustaining procedures and appoint an agent to make health care decisions on their behalf. |
| Governing Law | This form is governed by Iowa Code Chapter 144A for Living Wills and Iowa Code Chapter 144B for Durable Powers of Attorney for Health Care. |
| Signing Requirements | The form must be signed or acknowledged before a notary public or two witnesses who meet specific criteria, ensuring that the document is valid and reflects the declarant's true intentions. |
| Revocation | Individuals can revoke the Durable Power of Attorney at any time, regardless of their mental or physical condition, by communicating their intent to the attending health care provider. |
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Key takeaways
When filling out and using the Iowa 123 form, consider the following key takeaways:
- Understand the Purpose: The Iowa 123 form serves two primary functions: it allows individuals to declare their wishes regarding life-sustaining procedures and designates an agent to make health care decisions on their behalf.
- Specific Instructions: It is important to include any specific instructions or desires in the "Additional Provisions" section. This helps ensure that your preferences are clearly communicated.
- Signature Requirements: The document must be signed or acknowledged before a notary public or two witnesses. This step is crucial for the form to be legally valid.
- Revocation of Previous Documents: By signing the Iowa 123 form, any prior durable powers of attorney for health care decisions are revoked. This ensures that your most current wishes are respected.
- Distribution of Copies: After the form is properly signed, it is advisable to keep the original in a safe place and provide copies to your health care provider, family members, and the designated agent.
Sample - Iowa 123 Form
THE IOWA STATE BAR ASSOCIATION Official Form No. 123
FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER
DECLARATION RELATING TO
(Living Will)
AND
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
(Medical Power of Attorney)
I. DECLARATION RELATING TO
If I should have an incurable or irreversible condition that will result either in death within a relatively short period of time or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery, it is my desire that my life not be prolonged by the administration of
This declaration is subject to any specific instructions or statement of desires I have added in "Additional Provisions" below.
II.POWER OF ATTORNEY FOR HEALTH CARE DECISIONS
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 Decision.
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 Alternate, Street Address, City, State, Zip Code and Phone Number
OPTIONAL: ADDITIONAL PROVISIONS - Insert 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
Signed this ____day of __________________, _____.
|
_____________________________________ |
|
Your Signature (Declarant/Principal) |
_____________________________________ |
_____________________________________ |
Address, Street, City, State and Zip |
Type or Print Your Name |
IMPORTANT NOTE: THIS DOCUMENT MUST BE SIGNED OR ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR TWO WITNESSES. SEE REVERSE FOR NOTARY OR WITNESS FORMS. IF YOU WANT TO EXECUTE EITHER A LIVING WILL DECLARATION OR A MEDICAL POWER OF ATTORNEY, BUT NOT BOTH, SEPARATE FORMS ARE AVAILABLE FROM THE IOWA STATE BAR ASSOCIATION. IF YOU HAVE QUESTIONS REGARDING THIS FORM OR NEED ASSISTANCE TO COMPLETE IT, YOU SHOULD CONSULT AN ATTORNEY.
© The Iowa State Bar Association 2013 |
DECLARATION RELATING TO |
IOWADOCS® |
DURABLE POWER OF ATTORNEY FOR HEALTH CARE DECISIONS Revised August 2013 |
NOTARY PUBLIC FORM
STATE OF ____________________, COUNTY OF ______________________ ss:
This record was acknowledged before me this ______ day of ________________, _______, by
_______________________________________________________________________________.
_________________________
Signature of Notary Public
WITNESS FORM
We, the undersigned, hereby state that we signed this document in the presence of each other and the Declarant/Principal and we witnessed the signing of the document by the Declarant/Principal or by another person acting on behalf of the Declarant/Principal at the direction of the Declarant/Principal; that neither of us is appointed as attorney in fact by this document; that neither of us are health care providers who are presently treating the Declarant/Principal, or employees of such a health care provider. We further state that we are both at least 18 years of age, and that at least one of us is not related to the Declarant/Principal by blood, marriage or adoption.
____________________________________ |
____________________________________ |
Signature of First Witness |
Signature of Second Witness |
____________________________________ |
____________________________________ |
Type or Print Name of Witness |
Type or Print Name of Witness |
____________________________________ |
____________________________________ |
Street Address, City, State and Zip Code |
Street Address, City, State and Zip Code |
GENERAL INFORMATION REGARDING THIS DOCUMENT
1."Health care" means any care, treatment, service, or procedure to maintain, diagnose, or treat an individual's physical or mental condition.
2.The terms "health care" and
3.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 such a health care provider unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity.
4.The power of attorney for health care decisions or the declaration relating to use of
5.It is the responsibility of the principal/declarant to provide the attending health care provider with a copy of this document.
6.A declaration relating to use of
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 copy to your doctor.
3.Provide a copy(s) to family member(s).
4.Provide a copy to the designated attorney in fact (agent) and to alternate designated attorneys in fact (if any).
AUTHORIZATION FOR RELEASE OF PROTECTED HEALTH INFORMATION TO NOMINATED HEALTH CARE
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:
Gsexually transmitted diseases, acquired immunodeficiency syndrome (AIDS), and human immunodeficiency virus (HIV);
Gbehavioral and mental health; and
Galcohol, 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
Dated this _____day of ________________, _______.
_____________________________________
, Grantor
Similar forms
The Iowa 123 form, which combines a Living Will and Durable Power of Attorney for Health Care Decisions, shares similarities with several other important documents designed to address health care preferences and decisions. One such document is the Advance Directive. An Advance Directive is a legal document that outlines a person's wishes regarding medical treatment in situations where they are unable to communicate their preferences. Like the Iowa 123 form, it typically includes instructions about life-sustaining treatments and appoints an agent to make health care decisions on the individual's behalf. Both documents aim to ensure that a person's health care choices are respected even when they cannot express them directly.
Another related document is the Health Care Proxy. This document allows an individual to designate someone else to make health care decisions for them if they become incapacitated. Similar to the Durable Power of Attorney for Health Care Decisions found in the Iowa 123 form, a Health Care Proxy grants the appointed person the authority to make medical choices based on the individual's known wishes or best interests. Both documents are crucial in ensuring that a person's health care preferences are honored when they are unable to voice them.
The Living Will is another document that closely resembles the Iowa 123 form. A Living Will specifically outlines a person's wishes regarding medical treatment and end-of-life care. It addresses situations where an individual may be terminally ill or in a state of irreversible coma. Like the declaration in the Iowa 123 form, a Living Will provides clear instructions about the use of life-sustaining procedures, ensuring that health care providers understand the individual's desires regarding medical intervention.
The Do Not Resuscitate (DNR) order is also similar to the Iowa 123 form. A DNR order instructs medical personnel not to perform CPR or other resuscitation efforts if a person's heart stops or they stop breathing. This document is often used in conjunction with other advance directives and serves to communicate a person's wishes about resuscitation efforts. Like the Iowa 123 form, it is designed to ensure that health care decisions align with the individual's preferences in critical situations.
The Physician Orders for Life-Sustaining Treatment (POLST) form is another document that parallels the Iowa 123 form. A POLST form translates a patient's wishes regarding life-sustaining treatment into actionable medical orders. It is typically used for individuals with serious health conditions and is signed by a physician. Similar to the Iowa 123 form, the POLST form is intended to guide medical professionals in providing care that aligns with the patient's desires, especially in emergency situations.
Understanding the importance of legal documents like a Lease Agreement can enhance clarity in various situations, including rental arrangements. It's essential to have a comprehensive form that protects both tenants and landlords, ensuring all terms are clear and agreed upon. For convenient access, you can explore our collection of PDF Templates to find a suitable lease agreement that meets your needs.
The Authorization for Release of Health Information is also relevant. This document allows an individual to grant permission for their health care providers to share medical information with designated individuals. In the context of the Iowa 123 form, this authorization is crucial for ensuring that the appointed agent can make informed health care decisions on behalf of the individual. Both documents emphasize the importance of communication and consent in health care decision-making.
The Mental Health Advance Directive is another similar document. This directive allows individuals to specify their preferences for mental health treatment in the event they become unable to make decisions during a mental health crisis. Like the Iowa 123 form, it empowers individuals to express their treatment preferences and designate someone to make decisions on their behalf, ensuring that their wishes are respected even in challenging circumstances.
The Durable Power of Attorney (DPOA) for financial decisions is also noteworthy. While it focuses on financial matters rather than health care, it shares the same foundational principle of designating someone to act on behalf of another person. Both the DPOA and the Durable Power of Attorney for Health Care Decisions in the Iowa 123 form establish a trusted individual to make important choices when the principal is unable to do so, reinforcing the importance of having clear directives in place.
Lastly, the Guardianship document is relevant in this context. Guardianship is a legal arrangement where a court appoints an individual to make decisions for another person, often due to incapacity. While guardianship can be more formal and requires court oversight, it serves a similar purpose to the Durable Power of Attorney for Health Care Decisions by ensuring that someone is available to make critical decisions when an individual is unable to do so. Both documents aim to protect the interests and wishes of individuals during vulnerable times.