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IA HF2570

IA HF2570
A bill for an act relating to the authority of an attorney in fact under a durable power of attorney for health care.(Formerly HSB 161.)


summary

Introduced
02/17/2026
In Committee
Crossed Over
Passed
Dead

Introduced Session

91st General Assembly

Bill Summary

This bill relates to the authority of an attorney in fact (attorney) under a durable power of attorney for health care (durable power of attorney). Current law provides that an attorney under a durable power of attorney has the duty to act in accordance with the desires expressed in the durable power of attorney or made known to the attorney by the principal who executed the durable power of attorney. If the principal executes a declaration related to life-sustaining procedures, the declaration shall not be interpreted to prohibit the attorney from withdrawing hydration or nutrition in certain circumstances, or otherwise restrict the authority of the attorney. The bill requires the attorney in fact to act in accordance with the desires of the principal as expressed in the durable power of attorney, a declaration relating to the use of life-sustaining procedures, or made known to the attorney by the principal. The bill provides that the authority of the attorney shall not be restricted by the principal’s desires expressed verbally to a person other than the attorney, or in another document, unless the document authorizing the durable power of attorney states in a separate section that the durable power of attorney is limited, and includes the limitations on the attorney’s authority.

AI Summary

This bill clarifies the authority of an "attorney in fact," who is a person designated to make healthcare decisions for another person (the "principal") under a "durable power of attorney for health care," which is a legal document that remains in effect even if the principal becomes incapacitated. The bill requires the attorney in fact to follow the principal's wishes as stated in the durable power of attorney document, in a separate declaration about life-sustaining procedures, or as otherwise communicated by the principal. Importantly, the bill states that the attorney in fact's authority will not be limited by the principal's verbal wishes expressed to someone other than the attorney in fact, or by wishes expressed in another document, unless the durable power of attorney document itself explicitly states it is limited and details those limitations in a dedicated section. This change aims to ensure that the attorney in fact's actions are guided by clearly documented intentions of the principal.

Sponsors (0)

No sponsors listed

Other Sponsors (1)

Judiciary (House)

Last Action

Introduced, placed on calendar. H.J. 316. (on 02/17/2026)

bill text


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