Make your wishes
known to the
people you love
Adults at any stage of life should prepare a living will for themselves and urge their spouse and family members to do the same.
You don’t want your loved ones facing confusion and uncertainty about your end-of-life wishes as they deal with a difficult and emotional decision.
A living will is a statement, formally called a “declaration,” that life-sustaining procedures be withheld or withdrawn in the event you face a terminal condition or severe illness. Through a living will, you can direct your attending physician to not use—or stop using—life-sustaining measures if you are unable to participate in the decision.
A living will ensures that your family members can carry out your wishes with confidence and provides peace of mind to everyone involved.
Although we all hope we’ll never face a terminal medical condition, a living will is necessary in an unpredictable world. Preparing for the unexpected can help you live your best life.
What Iowans Are Saying
“Hope was VERY helpful preparing the information my mom needed for all of her final wishes. Everything was done smoothly and fast. She is personable and very customer-friendly.”
— Karen K.
“Hope helped make our experience so easy and helped us make sure we got exactly what we needed to protect our loved one. I highly recommend her.”
— Gina B.
FAQs: Living Wills in Iowa
What are the requirements for a living will in Iowa?
A living will is a legally enforceable document when all three of these conditions are met:
The declarant is competent at the time of signing.
The living will is dated when signed.
The living will is legally witnessed or notarized.
Does a living will need to be notarized?
There are two potential options for validly signing a living will:
It can be signed and dated in the presence of two witnesses.
It can be signed and dated before a notary public.
If you use two witnesses, one of the witnesses cannot be a relative by blood, marriage, or adoption. Neither of the witnesses can be an attending health care provider. If you use two witnesses, you do not need a notary public.
As a remote online notary in Iowa, Hope Wood, JD, can notarize your living will during a virtual signing appointment.
How do I find a notary?
Iowa has authorized the use of a remote online notary (RON). This option allows the document to be notarized using virtual technology, rather than signing in person.
An in-person notary public can be found at your bank, local UPS center, public library, or employer. Because there are legal requirements to act as a notary public, not every location listed here will have one, so it’s best to call ahead.
What is the difference between a living will and a health care power of attorney?
A living will is a statement regarding an end-of-life decision and has a different legal application than a power of attorney.
A power of attorney is a legal document appointing another individual to act as your agent if your attending doctor states that you are unable to make your own health care decisions. When the power of attorney document is “durable,” it means that the agent acts for the patient only when a specific condition exists. When that specific condition no longer exists, health care decisions revert back to the patient.
When does a living will take effect?
A living will goes into legal effect when both of the following are true:
The declarant (i.e., the person who signed the living will) has a terminal condition.
The declarant is not able to make their own treatment decisions.
A terminal condition is defined under Iowa Law 144A.2(13) as “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 or a state of permanent unconsciousness from which, to a reasonable degree of medical certainty, there can be no recovery.”
Does a living will include a DNR?
A living will is not a do-not-resuscitate order (DNR). In Iowa, an out-of-hospital DNR must be prepared by the attending physician, under the condition that the patient is diagnosed with a terminal condition. See Iowa Administrative Rule Chapter 142.
However, you can include specific language in your power of attorney for your appointed agent to consent to and authorize a DNR, in the event that you are not able to make your own health care decisions.
Who decides if I have a terminal condition?
When an attending physician has been given a living will by a friend, family member, or legal representative, that physician determines whether the declarant is facing a terminal condition. However, the decision must be confirmed by another physician, and the attending physician must record the determination in the declarant’s medical record. (See Iowa Law 144A.5)
What is the difference between a living will and an advanced directive?
An advanced directive is a legal document that informs your health care providers and your loved ones of your medical wishes, if and when you are unable to make your own decisions.
A living will is one type of advanced directive. It is the most common type because you can sign it without having a terminal condition.
Other advanced directives usually require that you already have a terminal condition, as determined by your attending doctor. One type of advanced directive is the Iowa Physician Orders for Scope of Treatment (IPOST). Another is an out-of-hospital do-not-resuscitate order.
What is the difference between a living will and a last will and testament?
A living will is a document that may be used during your lifetime. It’s your statement outlining your end-of-life wishes for your physical body. A last will and testament, on the other hand, is used after your life ends as a statement regarding your financial assets owned at death.
A power of attorney or living will terminates at death. A last will and testament only becomes effective at the time of death.
Does a living will expire?
A living will can be amended or terminated in writing during your lifetime. Only you, as the declarent, can change your living will. And you cannot change a living will for anyone but yourself. A living will automatically terminates at death.
Where should I keep my living will?
You should provide a copy of your living will to your doctor, regardless of your current health condition. You should also provide a copy to your appointed health care power of attorney. Keep the original with other important documents, like your last will and testament.
Do spouses need separate living wills?
Yes, a living will is specific to one person. Everyone should have their own.