Quiz for Health Care Advance Directives - Answers for Iowa Residents
The following answers are based upon Iowa law as of October 2004. The laws in other states may be different. Laws are subject to change, so please ask your attorney for answers to specific questions.
1. After a patient is connected to life support systems, it is legally difficult to withdraw him or her from the life support systems.
- Iowa Answer: False.
- Iowa law provides that medical providers may withhold or withdraw life support systems.
2. Without a living will, the doctors and hospital must put and keep a terminally and incurably ill patient on life support systems, regardless of the cost.
- Iowa Answer: False.
- If the patient is competent, the patient can refuse medical treatment. If the patient is not competent, comatose, or otherwise physically or mentally incapable of communication and without a living will, life support systems may be withheld or withdrawn if there has been a consultation and written agreement for the withholding or withdrawal of life-sustaining procedures between the attending physician and any of the following individuals the attorney designated to make treatment decisions, guardian, spouse, adult child, parent(s), or adult sibling (in order of priority).
3. Emergency Medical Services (EMS) must be given a copy of your living will if they are called to resuscitate you.
- Iowa Answer: False.
- EMS must resuscitate a patient, regardless of whether he has a living will, unless a doctor has entered a DNR order for the patient.
4. If you have a living will, you should also have a Do Not Resuscitate (DNR) order.
- Iowa Answer: False.
- A DNR order is entered by a doctor for patients who are dying or who are in a persistent vegetative state. If a healthy person has a DNR order, it may prevent him from receiving medical care needed to save his life.
5. You revoke your living will by tearing it up.
- Iowa Answer: True.
- You can revoke your living will at any time and in manner by which you are able to communicate your intent to revoke, without regard to mental or physical condition. The declarant or another to whom the revocation was communicated must communicate such revocation to the attending physician in order for it to be effective.
6. Your health care agent has the right to make all health care decisions on your behalf under a Health Care Power of Attorney and can make decisions over your objections.
- Iowa Answer: False.
- If you are competent, your health care agent has no authority under your health care power of attorney. Before your health care agent has authority to make decisions on your behalf, your doctor must state in writing that you are unable to make, understand, or communicate your medical decisions.
7. More often than not, it is one or more family members who prevent a patient’s living will from being honored by the doctor and medical provider.
- Iowa Answer: True.
- A doctor is likely to listen to the wishes of the family. If one or more family members insist that life support systems be continued, the doctor is likely to continue life support until the family agrees to terminate it. You should discuss this issue with your family to ensure that your end-of-life choices are honored.
8. A living will from another state is not valid in this state.
- Iowa Answer: False.
- A living will from another state is valid and enforceable in Iowa to the extent that it is consistent with the laws of Iowa
9. A hospital or nursing home can insist that someone being admitted must sign a living will.
- Iowa: False.
- A medical facility or medical care provider may not require a patient to sign a living will before being admitted, being insured, or receiving health care services.
10. The law is more concerned about protecting doctors than it is about honoring a patient’s wishes.
- Iowa Answer: False.
- While the law is designed to protect medical providers who honor a living will, it also protects the patient by ensuring that a living will is not honored prematurely by unqualified people.
11. The Power of Attorney for health care must always be a family member if one is available.
- Iowa Answer: False.
You may appoint any competent person who is at least 18 years old and who is not providing paid health care to you.
12. The Power of Attorney for health care may be shared by more than one family member.
- Iowa Answer: True.
- It is permissible to name more than one family member to hold the power of attorney for health care. Also, if your health care agent dies or becomes sick or incapacitated, or if he or she simply refuses to act, your health care power of attorney will have no legal effect. To avoid this problem, you may name one or more substitute health care agents. Your substitute health care agents will serve in the order you have listed them in your health care power of attorney.
13. An attorney must be used to draw up a legal living will.
- Iowa Answer: False.
- There is generally no cost for a legal will, most states offer a form or suggested format to use and indicate procedures for validating it. An attorney is not needed to make it a valid living will.
- Return to the Quiz for Health Care Advance Directives
- See our Advance Directives Case Studies for more information about Health Care Advance Directives, including specific details for residents of Idaho, Iowa, Kentucky, North Dakota, and South Dakota.
Credits
Adapted for use in the Legally Secure Your Financial Future: Organize, Communicate, Prepare program.
Content Development by:
Anne E. Hensley,
Advised by John R. Baker, J.D.,
Administrator of Beginning Farmer Center, Iowa State University Extension.
This information is provided as a public service and is designed to acquaint you with certain legal issues and concerns. It is not intended to be a substitute for legal advice, nor does it tell you everything you may need to know about this subject. Future changes in the law cannot be predicted, and statements in these materials are based solely on the laws in force on the date of release noted on this page.
This document is for non-profit educational purposes only. This document may not be used by a profit-making company or organization. When used by a non-profit organization, appropriate credit must be given to the Cooperative Extension Legally Secure Your Financial Future: Organize, Communicate, Prepare education program. Materials for this program were developed by a team from six land-grant universities. The program is included in the program toolkit of the Cooperative Extension Financial Security in Later Life national initiative. For more information go to: http://www.csrees.usda.gov/fsll.