Iowa Code 633B.301 – Power of attorney — form
Terms Used In Iowa Code 633B.301
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Fiduciary: A trustee, executor, or administrator.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Inter vivos: Transfer of property from one living person to another living person.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- property: includes personal and real property. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- Signature: includes an electronic signature as defined in section 554D. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
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) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B.
This power of attorney does not authorize the agent to make health care decisions for you.
You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you.
Your agent is not entitled to compensation unless you state otherwise in the optional Special Instructions.
This form provides for designation of one agent. If you wish to name more than one agent, you may name a coagent in the optional Special Instructions. Coagents must act by majority rule unless you provide otherwise in the optional Special Instructions.
If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.
This power of attorney becomes effective immediately upon signature and acknowledgment unless you state otherwise in the optional Special Instructions.
If you have questions about this power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.
DESIGNATION OF AGENT
I
following person as my agent:
(name of principal) name the
Name of Agent Agent’s Address Agent’s Telephone Number DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
If my agent is unable or unwilling to act for me, I name as my successor agent:
Name of Successor Agent Successor Agent’s Address Successor Agent’s Telephone Number If my successor agent is unable or unwilling to act for me, I name
as my second successor agent:
Name of Second Successor Agent Second Successor Agent’s Address Second Successor Agent’s Telephone Number
GRANT OF GENERAL AUTHORITY
I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B:
§633B.301, POWERS OF ATTORNEY 2
(Initial each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “”All Preceding Subjects”” instead of initialing each subject.)
Real Property
Tangible Personal Property
Stocks and Bonds
Commodities and Options
Banks and Other Financial Institutions
Operation of Entity or Business
Insurance and Annuities
Estates, Trusts, and Other Beneficial Interests
Claims and Litigation
Personal and Family Maintenance
Benefits from Governmental Programs or Civil or Military
Service
Retirement Plans
Taxes
All Preceding Subjects
GRANT OF SPECIFIC AUTHORITY (OPTIONAL)
My agent shall not do any of the following specific acts for me unless I have initialed the specific authority listed below:
(Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. Initial only the specific authority you WANT to give your agent.)
Amend, revoke, or terminate a revocable inter vivos trust, if authorized by the trust.
Agree to the amendment or termination of any other inter vivos trust.
Make a gift to an individual who is not an agent, subject to the limitations of the Iowa Uniform Power of Attorney Act, Iowa Code § 633B.217, and any special instructions in this power of attorney.
Make gifts, either direct or indirect, to my agent acting under this power of attorney as follows:
Any such gift must be approved in writing by
; or
No third-party approval is needed.
Authorize another person to exercise the authority granted under this power of attorney.
Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan.
Exercise fiduciary powers that the principal has authority to delegate.
Disclaim or refuse an interest in property, including a power of appointment.
LIMITATION ON AGENT’S AUTHORITY
An agent that is not my ancestor, spouse, or descendant shall not use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the optional Special Instructions.
3 POWERS OF ATTORNEY, §633B.301
SPECIAL INSTRUCTIONS (OPTIONAL)
You may give special instructions on the following lines:
accounting of any agent.
shall have the authority to request an
EFFECTIVE DATE
This power of attorney is effective immediately upon signature and acknowledgment unless I have stated otherwise in the optional Special Instructions.
NOMINATION OF CONSERVATOR AND GUARDIAN (OPTIONAL)
If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment:
Name of Nominee for Conservator of My Estate Nominee’s Address Nominee’s Telephone Number Name of Nominee for Guardian of My Person Nominee’s Address Nominee’s Telephone Number
RELIANCE ON THIS POWER OF ATTORNEY
Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.
SIGNATURE AND ACKNOWLEDGMENT
Your Signature Date
Your Name Printed
Your Address
Your Telephone Number State of County of
This document was acknowledged before me on (date), by (name of principal)
(Seal, if any)
Signature of Notary
My commission expires This document prepared by
§633B.301, POWERS OF ATTORNEY 4
2. IMPORTANT INFORMATION FOR AGENT AGENT’S DUTIES
When you accept the authority granted under this power of attorney, a special legal relationship is created between the principal and you. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must do all of the following:
Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest.
Act in good faith.
Do nothing beyond the authority granted in this power of attorney.
Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as agent in the following manner:
(principal’s name) by
(your signature) as Agent
Unless the Special Instructions in this power of attorney state otherwise, you must also do all of the following:
Act loyally for the principal’s benefit.
Avoid conflicts that would impair your ability to act in the principal’s best interest.
Act with care, competence, and diligence.
Keep a record of all receipts, disbursements, and transactions made on behalf of the principal.
Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest.
Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest.
TERMINATION OF AGENT’S AUTHORITY
You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include any of the following:
Death of the principal.
The principal’s revocation of the power of attorney or your authority.
The occurrence of a termination event stated in the power of attorney.
The purpose of the power of attorney is fully accomplished.
If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.
LIABILITY OF AGENT
The meaning of the authority granted to you is defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. If you violate the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B, or act outside the authority granted, you may be liable for any damages caused by your violation.
5 POWERS OF ATTORNEY, §633B.301
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
2014 Acts, ch 1078, §43