Section 633B.1 – When power of attorney not affected by disability.
633B.1 When power of attorney not affected by disability. Repealed by 2014 Acts, ch 1078, §48 .
Section 633B.101 – Title.
633B.101 Title. This chapter shall be known and may be cited as the “Iowa Uniform Power of Attorney Act”. 2014 Acts, ch 1078, §3
Section 633B.102 – Definitions.
633B.102 Definitions. 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. “Conservator” or “conservatorship” means a conservator appointed […]
Section 633B.103 – Applicability.
633B.103 Applicability. 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 […]
Section 633B.104 – Durability of power of attorney.
633B.104 Durability of power of attorney. 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
Section 633B.105 – Execution.
633B.105 Execution. 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 notary public or other individual authorized […]
Section 633B.106 – Validity.
633B.106 Validity. 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 complied […]
Section 633B.107 – Meaning and effect.
633B.107 Meaning and effect. 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 […]
Section 633B.108 – Nomination of conservator or guardian — relation of agent to court-appointed fiduciary.
633B.108 Nomination of conservator or guardian — relation of agent to court-appointed fiduciary. 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 […]
Section 633B.109 – When power of attorney effective.
633B.109 When power of attorney effective. 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 […]
Section 633B.110 – Termination — power of attorney or agent authority.
633B.110 Termination — power of attorney or agent authority. 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. […]
Section 633B.111 – Coagents and successor agents.
633B.111 Coagents and successor agents. 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 […]
Section 633B.112 – Reimbursement and compensation of agent.
633B.112 Reimbursement and compensation of agent. 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 company […]
Section 633B.113 – Agent’s acceptance.
633B.113 Agent’s acceptance. 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
Section 633B.114 – Agent’s duties.
633B.114 Agent’s duties. 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’s best interest. b. In good faith. c. Only […]
Section 633B.115 – Exoneration of agent.
633B.115 Exoneration of agent. 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 committed in […]
Section 633B.116 – Judicial relief.
633B.116 Judicial relief. 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 principal. d. The principal’s […]
Section 633B.117 – Agent’s liability.
633B.117 Agent’s liability. 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 the principal or the […]
Section 633B.118 – Agent’s resignation — notice.
633B.118 Agent’s resignation — notice. 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 appointed for the […]
Section 633B.119 – Acknowledged power of attorney — acceptance and reliance.
633B.119 Acknowledged power of attorney — acceptance and reliance. 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 that the signature is […]