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

1. The provisions of this section apply to the following charitable trusts administered in this state with assets in excess of twenty-five thousand dollars: a. A nonprofit entity as defined in section 501(c)(3) of the Internal Revenue Code, as defined in section 422.3 . b. A char…

The attorney general may investigate a charitable trust to determine whether the charitable trust is being administered in accordance with law and the terms and purposes of the trust. The attorney general may apply to a district court for such orders that are reasonable and neces…

1. The district court sitting in probate has exclusive jurisdiction of proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other act…

1. Unless otherwise designated in the terms of the trust, the principal place of administration of a trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or the trustee’s representative who is primarily responsible for the administratio…

1. By accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court. 2. To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of adm…

1. A proceeding may be commenced in the county in which the trust’s principal place of administration is or is to be located and if the trust is created by will, also in the county in which the decedent’s estate is administered. 2. If a trust not created by will has no trustee, a…

1. The court may transfer the place of administration of a trust to or from this state or transfer some or all of the trust property to a trustee in or outside this state if it finds that the transfer of the trust property to a trustee in this or another jurisdiction, or the tran…

The administration of trusts shall proceed expeditiously and free of judicial intervention, except to the extent the jurisdiction of the court is invoked by interested parties or otherwise exercised as provided by law. 99 Acts, ch 125, §94, 109 C2001, §633.6201 2005 Acts, ch 38, …

1. Except as otherwise provided in section 633A.3103 , a trustee, beneficiary, or other interested party of a trust may petition the court concerning the internal affairs of the trust or to determine the existence of the trust. 2. Proceedings concerning the internal affairs of a …

1. For purposes of this part, “fiduciary matter” includes any item listed in section 633A.6202, subsection 2 . 2. Persons interested in a fiduciary matter may approve a judicial settlement and represent and bind other persons interested in the fiduciary matter. 3. Notice to a per…

1. The holders or all coholders of a power of revocation or presently exercisable general power of appointment, including one in the form of a power of amendment, may represent and bind the persons whose interests, as objects, takers in default, or otherwise, are subject to the p…

To the extent there is no conflict of interest between the representer and those represented with respect to the fiduciary matter, the following are permitted: 1. A conservator may represent and bind the person whose estate the conservator controls. 2. A trustee may represent and…

Unless otherwise represented, a minor, an incompetent, unborn, or unascertained person, or a remote contingent beneficiary may be represented by and bound by another person having a substantially identical interest with respect to the fiduciary matter but only to the extent that …

1. Notice of a judicial settlement shall be given to every interested person or to one who can bind an interested person as described in sections 633A.6302 and 633A.6303 . 2. Notice may be given to a person or to another who may bind the person. 3. Notice is given to unborn or un…

1. At any point in a judicial proceeding, the court may appoint a guardian ad litem to represent and approve a settlement on behalf of the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determ…

1. In connection with a nonjudicial settlement, the court may appoint a special representative to represent the interests of and approve a settlement on behalf of designated persons. 2. If not precluded by a conflict of interest, a special representative may be appointed to repre…

1. For purposes of this part, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court. 2. Except as otherwise provided in subsection 3 , or as to a modification or termination of a…

This chapter shall be known and may be cited as the “Iowa Uniform Power of Attorney Act” . 2014 Acts, ch 1078, §3

1. “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. 2. “…

This chapter applies to all powers of attorney except for the following: 1. A power to the extent it is coupled with an interest of the agent in the subject of the power, including but not limited to a power given to or for the benefit of a creditor in connection with a credit tr…

A power of attorney created under this chapter is durable unless the power of attorney expressly provides that it is terminated by the incapacity of the principal. 2014 Acts, ch 1078, §6

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…