Iowa Living Will Requirements
Based on Iowa Code Chapter 144A (Life-Sustaining Procedures Act)
Quick Summary
- Document type: Declaration Relating to Use of Life-Sustaining Procedures
- 2 witnesses required
- Notarization not required (can substitute for witnesses)
Witness Requirements
Iowa requires 2 witnesses who are present when you sign your declaration relating to use of life-sustaining procedures. Witnesses have the following restrictions:
Witness restrictions:
- A witness cannot be the declarant's attending health care provider on the date of execution
- A witness cannot be an employee of the declarant's attending health care provider on the date of execution
- A witness must be at least eighteen (18) years of age
- At least one witness must not be related to the declarant by blood, marriage, or adoption within the third degree of consanguinity
- Both witnesses must be present together and in the presence of the declarant when the declaration is signed
When Your Living Will Takes Effect
Your Iowa living will becomes effective when the following conditions are met:
Terminal Illness
A terminal condition is an incurable or irreversible condition that, without the administration of life-sustaining procedures, will, in the opinion of the attending physician, result in death within a relatively short period of time.
Persistent Vegetative State
A state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.
Irreversible Condition
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 there can be no recovery.
Important Notes for Iowa
- Iowa follows the Life-Sustaining Procedures Act (Iowa Code Chapter 144A)
- Notarization before a notarial officer within the State may be used as an alternative to having two witnesses sign
- A declaration is not effective if the declarant is known to the attending physician to be pregnant with a fetus that could develop to the point of live birth with continued application of life-sustaining procedures
- Iowa provides an optional statutory form for the declaration under §144A.3
- The statutory form directs: "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 life-sustaining procedures"
- "Life-sustaining procedure" does not include the provision of nutrition or hydration except when required to be provided parenterally or through intubation, or the administration of medication necessary to provide comfort care or alleviate pain
- Declarations from other jurisdictions that comply with that jurisdiction's law are valid in Iowa if consistent with Iowa law
- Veterans' advance directives meeting federal VA requirements are recognized in Iowa
- A declaration may be revoked at any time by the declarant without regard to mental state or competency
How to Revoke
You can revoke your living will at any time, regardless of your mental state, by:
- Physically destroying the document
- Creating a written revocation
- Verbally expressing your intent to revoke (in the presence of a witness)
Important: This tool provides a template for creating a living will based on your state's general requirements. It is not legal advice and does not replace consultation with a qualified attorney. For complex medical situations, blended families, or significant assets, we recommend having an attorney review your document.