Iowa Durable Power of Attorney

Introduction

Key Things to Know

1. 1

   A durable power of attorney hands decision-making authority to someone else. You name an agent, also called an attorney-in-fact, who can step in on your money, property, and business matters. The label durable signals that this authority endures past the point where you can no longer make decisions yourself, which is the usual reason for signing one.

2. 2

   Iowa built its rules on the Uniform Power of Attorney Act. The state enacted Chapter 633B effective July 1, 2014, and under Iowa Code 633B.104 every power of attorney created under that chapter is durable automatically. It ends at incapacity only if you deliberately write that limit into the document, so unlike some states no separate durability clause is needed.

3. 3

   A notary acknowledgment is what makes it valid. Iowa Code 633B.105 treats the document as executed once you sign it, or direct another adult to sign while you watch, and then acknowledge that signature before a notary public or other authorized officer. Iowa law presumes an acknowledged signature is genuine.

4. 4

   Skip the witnesses, but watch who notarizes. Iowa asks only for the notary acknowledgment in Iowa Code 633B.105, so witness signatures are not part of the requirement. One limit applies: the agent you appoint cannot be the notary who takes your acknowledgment.

5. 5

   There is an optional off-the-shelf form. The Iowa Statutory Power of Attorney Form at Iowa Code 633B.301 produces a document with the meaning and effect Chapter 633B prescribes. Using it is a choice, not a rule, and it covers financial and property matters only.

6. 6

   Some authority must be spelled out, and your agent owes duties either way. Iowa Code 633B.201 lets an agent make gifts, create or change a trust, alter survivorship or beneficiary designations, delegate authority, or disclaim property only when the document expressly grants it. Once an agent accepts, Iowa Code 633B.114 binds them to act in good faith, within the granted scope, in your best interest, and to keep records.

7. 7

   Real-estate use triggers recording. Creating the document requires no filing, but if your agent uses it to convey or encumber real property, Iowa Code 558.41 directs that the instrument be filed with the county recorder in the county where the land sits, so it holds up against later good-faith purchasers.

Iowa Requirements for Durable Power of Attorney

• Sign and Acknowledge Before a Notary

  Under Iowa Code 633B.105, the power of attorney must be signed by you (or in your conscious presence by another adult, other than a prospective agent, whom you direct to sign) and then acknowledged before a notary public or other officer authorized to take acknowledgments. An acknowledged signature is presumed genuine.

• No Witnesses Required, and Your Agent May Not Notarize

  Iowa Code 633B.105 requires a notary acknowledgment, not witnesses, so an Iowa power of attorney does not need witnesses. The agent named in the document may not act as the notary who takes your acknowledgment.

• Durable by Default

  Iowa makes a power of attorney durable by default. Under Iowa Code 633B.104, a power of attorney created under Chapter 633B survives your incapacity unless the document expressly provides that it terminates on incapacity. No special durability language is required, which is the opposite of the rule in some other states.

• Springing Effective Date (Optional)

  If you want the power of attorney to take effect only on a future date or event such as your incapacity, Iowa Code 633B.109 lets you provide for that. If it springs on incapacity, the statute sets who may make that determination, including a licensed physician or psychologist, or a judge or appropriate governmental official.

• Optional Iowa Statutory Form (Iowa Code 633B.301)

  You may use Iowa's optional Iowa Statutory Power of Attorney Form at Iowa Code 633B.301. A document substantially in that form creates a power of attorney with the meaning and effect prescribed by Chapter 633B. Its use is permissive, not mandatory, and it covers financial and property matters only.

• Record It for Real-Property Use

  Chapter 633B does not require recording to create the document. If your agent uses the power of attorney in a real-estate transaction, Iowa Code 558.41 requires the instrument to be filed and recorded in the county where the property is located so it is valid against later good-faith purchasers.

• Special Powers Need Express Language

  Certain high-risk powers, sometimes called hot powers, are allowed only if your document specifically grants them. Under Iowa Code 633B.201, your agent may create, amend, or revoke a trust, make a gift, change rights of survivorship or beneficiary designations, delegate authority, or disclaim property only when the document expressly says so.

• Revocation and Termination

  Under Iowa Code 633B.110, a power of attorney terminates when you revoke it, when you die, when its purpose is accomplished, or when the document provides that it terminates. Executing a new general power of attorney revokes prior general ones, and an agent's authority can end on a divorce or legal-separation filing between the agent and principal.