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

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 …

For purposes of this chapter , unless the context otherwise requires: 1. “Available monthly income” means in reference to a medical assistance income trust beneficiary, any income received directly by the beneficiary, not from the trust, that counts as income in determining eligi…

Any income or assets added to or received by and any income or principal retained in a medical assistance special needs trust shall be used in accordance with a standard that is no more restrictive than specified under federal law. All distributions from a medical assistance spec…

1. Regardless of the terms of a medical assistance income trust, if the beneficiary’s total monthly income is less than one hundred twenty-five percent of the average statewide charge for nursing facility services to a private-pay resident of a nursing facility, then, during the …

1. Sections 633C.2 and 633C.3 shall not be construed to limit the authority of the trustees to invest, sell, or otherwise manage property held in trust. 2. The trustee of a medical assistance income trust or a medical assistance special needs trust is a fiduciary for purposes of …

1. The department shall cooperate with the trustee of a medical assistance special needs trust or a medical assistance income trust in determining the appropriate disposition of the trust under sections 633C.2 and 633C.3 . 2. The trustee of a medical assistance special needs trus…

1. This chapter shall be known and may be cited as the uniform transfer on death security registration Act. 2. The provisions of this chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the su…

1. A registering entity is not required to offer or to accept a request for security registration in beneficiary form. If a registration in beneficiary form is offered by a registering entity, the owner requesting registration in beneficiary form assents to the protections provid…

1. A transfer on death resulting from a registration in beneficiary form shall be effective by reason of the contract regarding the registration between the owner and the registering entity under the provisions of this chapter , and is not testamentary. 2. The provisions of this …

1. A registering entity offering to accept registrations in beneficiary form may establish the terms and conditions under which the registering entity receives requests for either of the following: a. Registration in beneficiary form. b. Implementation of registrations in benefic…

As used in this chapter , unless the context otherwise requires: 1. “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death…

Only an individual whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with a right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security r…

1. A security may be registered in beneficiary form if the form is authorized by this chapter or a similar statute of the state of any of the following: a. The state of organization of the issuer or registering entity. b. The state of location of the registering entity’s principa…

A security, whether evidenced by a certificate or account, is registered in beneficiary form when the registration includes a designation of a beneficiary to take the ownership at the death of the owner or the deaths of all multiple owners. 97 Acts, ch 178, §21 CS97, §633.804 200…

Registration in beneficiary form may be shown by any of the following, appearing after the name of the registered owner and before the name of a beneficiary: 1. The words “transfer on death” or the abbreviation “TOD”. 2. The words “pay on death” or the abbreviation “POD”. 97 Acts…

The designation of a transfer on death or pay on death beneficiary on a registration in beneficiary form has no effect on ownership until the owner’s death. A registration of a security in beneficiary form may be canceled or changed at any time by the sole owner or all surviving …

1. If other assets of the estate of a deceased owner are insufficient to pay debts, taxes, and expenses of administration, including statutory allowances to the surviving spouse and children, a transfer at death of a security registered in beneficiary form is not effective agains…

On the death of a sole owner or on the death of the sole surviving owner of multiple owners, the ownership of securities registered in beneficiary form passes to the beneficiary or beneficiaries who survive all owners. On proof of death of all owners and compliance with any appli…

This chapter shall be known and may be cited as the “Iowa Uniform Disclaimer of Property Interest Act” . 2004 Acts, ch 1015, §8 C2005, §633.901 2005 Acts, ch 38, §52, 53 CS2005, §633E.1

1. For purposes of this section , all of the following rules shall apply: a. An appointee is a person to whom a holder of a power has effectively appointed the property subject to the power. b. An object of a power is a person to whom a holder of a power may appoint the property …

1. If a fiduciary disclaims a power held in a fiduciary capacity which has not been exercised, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. 2. If a fiduciary disclaims a power held in a fiduciary capacity which has been exercis…

1. For the purposes of this section , “beneficiary designation” means an instrument, other than an instrument creating a trust, naming the beneficiary of any of the following: a. An annuity or insurance policy. b. An account with a designation for payment on death. c. A security …

1. A disclaimer is barred by a written waiver of the right to disclaim. 2. A disclaimer of an interest in property is barred if any of the following events occur before the disclaimer becomes effective: a. The disclaimant accepts the interest sought to be disclaimed. b. The discl…

1. Unless displaced by a provision of this chapter , the principles of law and equity supplement this chapter . 2. This chapter does not limit any right of a person to disclaim an interest in or power over property under a statute other than this chapter . 2004 Acts, ch 1015, §21…

A disclaimer of any property, interest, or right pursuant to the provisions of this chapter constitutes a transfer of assets for the purpose of determining eligibility for medical assistance under chapter 249A in an amount equal to the value of the property, interest, or right di…

Except as otherwise provided in section 633E.13 , an interest in or power over property existing on July 1, 2004, as to which the time for delivering or filing a disclaimer under law superseded by this chapter has not expired may be disclaimed after July 1, 2004. 2004 Acts, ch 10…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or application of the chapter which can be given effect without the invalid provisions or application, and to this end, the …

For purposes of this chapter , the following definitions shall apply: 1. “Disclaimant” means the person to whom a disclaimed interest or power would have passed had the disclaimer not been made. 2. “Disclaimed interest” means the interest the disclaimant refuses to accept that wo…

This chapter applies to disclaimers of any interest in or power over property, whenever and however created. 2004 Acts, ch 1015, §10 C2005, §633.903 2005 Acts, ch 38, §52, 53 CS2005, §633E.3

Except as provided in sections 633E.13 and 633E.15 , notwithstanding any other provision of this chapter , any disclaimer or transfer that meets the requirements of section 2518 of the Internal Revenue Code , and the regulations promulgated thereunder, for the purpose of being a …

1. A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment, whenever and however acquired. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transf…

1. As used in this section : a. “Future interest” means an interest that takes effect in possession or enjoyment, if at all, later than the time of its creation. b. “Time of distribution” means the time when a disclaimed interest would have taken effect in possession or enjoyment…

1. Upon the death of a holder of jointly held property, either of the following may occur: a. If, during the deceased holder’s lifetime, the deceased holder could have unilaterally regained a portion of the property attributable to the deceased holder’s contribution without the c…

If a trustee disclaims an interest in property that otherwise would have become trust property, the interest does not become trust property. 2004 Acts, ch 1015, §15 C2005, §633.908 2005 Acts, ch 38, §53 CS2005, §633E.8 Referred to in §633E.5 , 633E.6

If a holder disclaims a power of appointment or other power not held in a fiduciary capacity, the following rules shall apply: 1. If the holder has not exercised the power, the disclaimer takes effect as of the time the instrument creating the power becomes irrevocable. 2. If the…