144A.7 PROCEDURE IN ABSENCE OF DECLARATION.
1. Life-sustaining procedures may be withheld or withdrawn from a
patient who is in a terminal condition and who is comatose,
incompetent, or otherwise physically or mentally incapable of
communication and has not made a declaration in accordance with this
chapter if there is consultation and written agreement for the
withholding or the withdrawal of life-sustaining procedures between
the attending physician and any of the following individuals, who
shall be guided by the express or implied intentions of the patient,
in the following order of priority if no individual in a prior class
is reasonably available, willing, and competent to act:
a. The attorney in fact designated to make treatment
decisions for the patient should such person be diagnosed as
suffering from a terminal condition, if the designation is in writing
and complies with chapter 144B or section 633B.1.
b. The guardian of the person of the patient if one has been
appointed, provided court approval is obtained in accordance with
section 633.635, subsection 2, paragraph "c". This paragraph
does not require the appointment of a guardian in order for a
treatment decision to be made under this section.
c. The patient's spouse.
d. An adult child of the patient or, if the patient has more
than one adult child, a majority of the adult children who are
reasonably available for consultation.
e. A parent of the patient, or parents if both are reasonably
available.
f. An adult sibling.
2. When a decision is made pursuant to this section to withhold
or withdraw life-sustaining procedures, there shall be a witness
present at the time of the consultation when that decision is made.
3. Subsections 1 and 2 shall not be in effect for a patient who
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. However, the provisions of this
subsection do not impair any existing rights or responsibilities that
any person may have in regard to the withholding or withdrawal of
life-sustaining procedures.
Section History: Recent Form
85 Acts, ch 3, § 8; 87 Acts, ch 100, § 1; 2002 Acts, ch 1061, §4;
2005 Acts, ch 38, §55
Referred to in § 144A.8
144A.7 PROCEDURE IN ABSENCE OF DECLARATION.
1. Life-sustaining procedures may be withheld or withdrawn from a
patient who is in a terminal condition and who is comatose,
incompetent, or otherwise physically or mentally incapable of
communication and has not made a declaration in accordance with this
chapter if there is consultation and written agreement for the
withholding or the withdrawal of life-sustaining procedures between
the attending physician and any of the following individuals, who
shall be guided by the express or implied intentions of the patient,
in the following order of priority if no individual in a prior class
is reasonably available, willing, and competent to act:
a. The attorney in fact designated to make treatment
decisions for the patient should such person be diagnosed as
suffering from a terminal condition, if the designation is in writing
and complies with chapter 144B or section 633B.1.
b. The guardian of the person of the patient if one has been
appointed, provided court approval is obtained in accordance with
section 633.635, subsection 2, paragraph "c". This paragraph
does not require the appointment of a guardian in order for a
treatment decision to be made under this section.
c. The patient's spouse.
d. An adult child of the patient or, if the patient has more
than one adult child, a majority of the adult children who are
reasonably available for consultation.
e. A parent of the patient, or parents if both are reasonably
available.
f. An adult sibling.
2. When a decision is made pursuant to this section to withhold
or withdraw life-sustaining procedures, there shall be a witness
present at the time of the consultation when that decision is made.
3. Subsections 1 and 2 shall not be in effect for a patient who
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. However, the provisions of this
subsection do not impair any existing rights or responsibilities that
any person may have in regard to the withholding or withdrawal of
life-sustaining procedures.
Section History: Recent Form
85 Acts, ch 3, § 8; 87 Acts, ch 100, § 1; 2002 Acts, ch 1061, §4;
2005 Acts, ch 38, §55
Referred to in § 144A.8
144A.7 PROCEDURE IN ABSENCE OF DECLARATION.
1. Life-sustaining procedures may be withheld or withdrawn from a
patient who is in a terminal condition and who is comatose,
incompetent, or otherwise physically or mentally incapable of
communication and has not made a declaration in accordance with this
chapter if there is consultation and written agreement for the
withholding or the withdrawal of life-sustaining procedures between
the attending physician and any of the following individuals, who
shall be guided by the express or implied intentions of the patient,
in the following order of priority if no individual in a prior class
is reasonably available, willing, and competent to act:
a. The attorney in fact designated to make treatment
decisions for the patient should such person be diagnosed as
suffering from a terminal condition, if the designation is in writing
and complies with chapter 144B or section 633B.1.
b. The guardian of the person of the patient if one has been
appointed, provided court approval is obtained in accordance with
section 633.635, subsection 2, paragraph "c". This paragraph
does not require the appointment of a guardian in order for a
treatment decision to be made under this section.
c. The patient's spouse.
d. An adult child of the patient or, if the patient has more
than one adult child, a majority of the adult children who are
reasonably available for consultation.
e. A parent of the patient, or parents if both are reasonably
available.
f. An adult sibling.
2. When a decision is made pursuant to this section to withhold
or withdraw life-sustaining procedures, there shall be a witness
present at the time of the consultation when that decision is made.
3. Subsections 1 and 2 shall not be in effect for a patient who
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. However, the provisions of this
subsection do not impair any existing rights or responsibilities that
any person may have in regard to the withholding or withdrawal of
life-sustaining procedures.
Section History: Recent Form
85 Acts, ch 3, § 8; 87 Acts, ch 100, § 1; 2002 Acts, ch 1061, §4;
2005 Acts, ch 38, §55
Referred to in § 144A.8
