Title XV, JUDICIAL BRANCH AND JUDICIAL PROCEDURES (Ch. 595 - 686D)

A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual, other than any prospective agent, directed by the principal to sign the principal’s name on the power of attorney. A power of attorney must be acknowledged before a…

1. A power of attorney executed in this state on or after July 1, 2014, is valid if the execution of the power of attorney complies with section 633B.105 . 2. A power of attorney executed in this state before July 1, 2014, is valid if the execution of the power of attorney compli…

The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed. 2014 Acts, ch 1078, §9 R…

1. Under a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court if proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Ex…

1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. 2. If a power of attorney becomes effective upon the occurrence of a future…

1. A power of attorney terminates when any of the following occurs: a. The principal dies. b. The principal becomes incapacitated, if the power of attorney is not durable. c. The principal revokes the power of attorney. d. The power of attorney provides that it terminates. e. The…

1. A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, all of the following apply to actions of coagents: a. A power held by coagents shall be exercised by majority action. b. If impasse occurs due to the failure to r…

Unless the power of attorney otherwise provides, an agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but not to compensation. If a power of attorney does provide for compensation or if the agent is a bank or trust …

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance. 2014 Acts, ch 1078, §15

1. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall act in conformity with all of the following: a. In accordance with the principal’s reasonable expectations to the extent actually known by the agent and otherwise in the principal…

A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision does any of the following: 1. Relieves the agent of liability for a breach of duty commi…

1. The following persons may petition a court to construe a power of attorney or to review an agent’s conduct: a. The principal or the agent. b. A guardian, conservator, or other fiduciary acting for the principal. c. A person authorized to make health care decisions for the prin…

An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to do both of the following: 1. Restore the value of the principal’s property to what it would have been had the violation not occurred. 2. Reimburse t…

Unless the power of attorney provides for a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to any of the following: 1. The conservator or guardian, if a conservator or guardian has been ap…

1. For purposes of this section and section 633B.120 , “acknowledged” means purportedly verified before a notary public or other individual authorized by law to take acknowledgments. 2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge…

1. Except as otherwise provided in subsection 2 , all of the following shall apply to a person’s actions regarding an acknowledged power of attorney: a. A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of coun…

Unless displaced by a provision of this chapter , the principles of law and equity supplement this chapter . 2014 Acts, ch 1078, §23

This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter . 2014 Acts, ch 1078, §24

The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter . 2014 Acts, ch 1078, §25

1. An agent under a power of attorney may do any of the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and the exercise of the authority is not otherwise prohibited by another agreement …

1. An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 633B.204 through 633B.217 or cites the section in which the authority is described. 2. A reference in …

Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 633B.204 through 633B.217 or that grants an agent authority to do all acts that a principal could do pursuant to section 633B.201…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following: 1. Demand, buy, lease, receive, accept as a gift or as secur…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to do all of the following: 1. Demand, buy, receive, accept as a gift or as…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to do all of the following: 1. Buy, sell, and exchange stocks and bonds. 2. Establish…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to do all of the following: 1. Buy, sell, exchange, assign, settle, and exerci…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to do all of the following: 1. Continue, modify, and terminate …

Subject to the terms of a document or an agreement governing an entity or business or an entity or business ownership interest, and subject to section 633B.201 , and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with r…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to do all of the following: 1. Continue, pay the premium or make a contributio…

1. In this section , “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship, or a fund from which the principal is, may become, or claims to be, entitled to a share or payment. 2. Unless the power of at…

Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to do all of the following: 1. Assert and maintain before a court or administrat…

1. Unless the power of attorney otherwise provides and subject to section 633B.201 , language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to do all of the following: a. Perform the acts necessary to mainta…

1. In this section , “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute, rule, or regulation relating to but not limited to social security, Medicare, or Medicaid. 2. Unless the power of attorney o…

1. In this section , “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation in which the principal is a participant, beneficiary, or owner, including but not limited to a plan …

Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to do all of the following: 1. Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federa…

1. In this section , a gift “for the benefit of” a person includes a gift to a trust, an account under a uniform transfers to minors Act, and a qualified state tuition program exempt from taxation pursuant to section 529 of the Internal Revenue Code . 2. Unless the power of attor…

A document substantially in the following form may be used to create a statutory power of attorney that has the meaning and effect prescribed by this chapter : IOWA STATUTORY POWER OF ATTORNEY FORM 1. POWER OF ATTORNEY This power of attorney authorizes another person (your agent)…

The following optional form may be used by an agent to certify facts concerning a power of attorney: IOWA STATUTORY POWER OF ATTORNEY AGENT’S CERTIFICATION FORM AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY State of _________________________ County …

In applying and construing this chapter , consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact the uniform power of attorney Act. 2014 Acts, ch 1078, §45

This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act , 15 U.S.C. §7001 et seq. , but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c) , or authorize electronic delivery of any of the…

Except as otherwise provided in this chapter : 1. This chapter applies to a power of attorney created before, on, or after July 1, 2014. 2. This chapter applies to all judicial proceedings concerning a power of attorney commenced on or after July 1, 2014. 3. This chapter applies …