Iowa Living Will Statute
Statutes governing iowa s will requirements.
Iowa living will statute. This section covers the various laws and procedures governing the process of planning for one s inevitable demise and legacy including the drafting of a valid will designating a health care agent through the use of a durable power of attorney writing a living will in order to ensure that your health care and. Iowa does not have an estate tax but it has an inheritance tax. Appointment of health care representative requires one witness. In this article we 39 ll explore the details of this tax and break down iowa 39 s other inheritance laws including the probate.
Laws in each state define when a living will goes into effect and can limit the treatments that apply. Iowa estate planning laws welcome to findlaw s estate planning section for iowans. Iowa code chapter 144a life sustaining procedures act. Legal requirements for valid living will.
Chicago kent college of law and center for computer assisted legal. Iowa department on aging 510 e. Economic impact of iowa legal aid. Not valid if pregnant.
Iowa law on distribution of property after a person s death including what happens when someone dies without a will. Both a living will declaration and a life prolonging procedures will declaration require two witnesses. Federal law now requires medical facilities to inform patients before they are admitted of the right to sign a health care power of attorney or a living will. To create a valid living will or declaration relating to the use of life sustaining procedures in iowa you must.
A living will is a written document authorizing health care providers to withhold or withdraw life sustaining procedures in certain cases. Not valid if pregnant. A life sustaining procedure is any medical procedure treatment or. Summary of the report from the legal services corporation office of compliance and enforcement.
Terminal condition defined iowa law defines a terminal condition as an incurable or irreversible condition that without life sustaining procedures to a reasonable degree of medical. A living will puts your wishes about medical care at the end of life into writing. A person s right to make choices about their treatment is protected by federal and state laws. Two witnesses or a notary are required for a living will.
Disposal of property by will. Subject to the rights of the surviving spouse to elect to take against the will as provided by section 633 236 any person of full age and sound mind may dispose by will of all the person s property except sufficient to pay the debts and charges against the person s estate. If questions remain we urge you to discuss them with your health provider or. 12th street suite 2 des moines iowa 50319 515 725 3333 you may also access a copy online by visiting.
The following chart outlines the main provisions of the living will laws in iowa.