A Power of Attorney Form in Iowa is a legally binding document that allows the principal to appoint another person (agent or attorney-in-fact) to carry out tasks or make decisions on their behalf.
The representative selected may be authorized to make decisions for medical, financial, or business-related matters. These powers may be granted due to incapacitation or unavailability of the principal. The individual selected should be trustworthy. The decisions made by the agent should be in the principal’s best interest.
Types of POA of Iowa
There are various power of attorney forms in Iowa that can be used. Understanding them will help ensure that the correct details are included in the document. It will also help ensure that statutory laws are considered during the document’s creation.
These types include the following:
Durable (Statutory) Power of Attorney
An Iowa durable power of attorney form is a document that allows a principal to appoint an agent to handle financial affairs on their behalf. The term 'durable' means that the powers granted continue even in the event of the principal's incapacitation. There are two versions of this kind of power of attorney in Iowa: the standard version and the Iowa.edu version. The principal's signature should be notarized (§ 633B.105), while the agent's signature only requires notarization if they sign the additional/optional instructions.
Download: Microsoft Word (.docx)
General (Financial) Power of Attorney
A general power of attorney enables the principal to authorize an agent to handle financial matters on their behalf in Iowa. It outlines the authority that has been granted to the agent and acts as proof that the principal has authorized the powers. A general power of attorney is no longer adequate should the principal become mentally or physically incapacitated. This ensures that the agent does not take advantage of the powers granted due to the principal's incapacitation. The principal should approve of every detail outlined in the document while also adhering to Chapter 1078 Uniform Power of Attorney Act. According to the I.C.A. § 633B.201, the agent can exercise a broad range of powers authorized by the principle. The principal's signature should be indicated in the presence of a notary public as indicated in I.C. A § 633B.105.
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Download: Microsoft Word (.docx)
Limited Power of Attorney
A limited power of attorney form for Iowa is a document that enables the principal to grant specific powers to the agent. The principal defines the scope of the powers to be granted to the agent as indicated in I.C.A § 633B.201.The principal may also outline a specific date when the tasks should be completed. The principal's signature should be indicated in the presence of a notary public as indicated in I.C.A.§ 633B. 105.
Download: Microsoft Word (.docx)
Medical Power of Attorney
Iowa medical power of attorney authorizes the agent to make healthcare decisions on the principal's behalf. It is used if the principal is incapacitated or unable to communicate their decision themselves. The physician is tasked with determining whether or not the principal is incapable of making their own decisions for the document to come into effect. The decisions made by the agent must align with the principal's wishes. The principal may outline the specific course of action the agent should take if a particular event happen. However, they must ensure that the document aligns with the statutory laws indicated in Chapter 144B of the Durable Power of Attorney for Health care. This type of power of attorney in Iowa should be signed by two witnesses or a notary public as indicated § 144B.3.
Download: Microsoft Word (.docx)
Minor (Child) Power of Attorney
Parents and guardians use a minor or child power of attorney to appoint a temporary guardian who will care for their child on their behalf. The agent selected will have the authority to make decisions in the child's best interest. The principal can revoke the powers in writing at any time. The principal must provide the agent with adequate information about the child and ensure that the document aligns with the statutory laws described in § 633B.213(1)(a).
Download: Microsoft Word (.docx)
Revocation of Power of Attorney
Revocation of power of attorney enables the principal to cancel and void any previously granted powers to the agent in Iowa. The agent receives a copy of this document to make them aware of the principal's decision. The principal should also provide a copy to the third-party person or entity involved, such as a bank or hospital.
Download: Microsoft Word (.docx)
Real Estate Power of Attorney
An Iowa real estate power of attorney is used to grant the agent the power to handle real-estate-related matters that may include purchasing or selling their property on their behalf. It must be signed by the principal and other applicable parties who can authenticate it. The principal's signature must be indicated in the presence of a notary public as outlined in I.C.A §633B.105. The document should adhere to the statutory laws outlined in Chapter 1078 Uniform Power of Attorney Act.
Download: Microsoft Word (.docx)
Tax Power of Attorney (Form 2848)
A tax power of attorney is also known as the Iowa Department of Revenue Power of Attorney. It is used to appoint an agent who will handle tax-related matters with the Department of Revenue on the principal's behalf. For example, the agent may be tasked with filing taxes, obtaining information, or dealing with tax authorities.
Download: Microsoft Word (.docx)
Vehicle Power of Attorney (Form 411021)
The vehicle power of attorney is also known as the Iowa Department of Transport Power of Attorney Authorization. It authorizes an agent to deal with motor vehicle-related matters on the principal's behalf. The vehicle power of attorney must first be approved by the Department of Transportation so that the agent can exercise the powers granted.
Download: Microsoft Word (.docx)
Governing Laws
A durable power of attorney in Iowa is governed by statutory laws outlined in Chapter 633B of the Iowa Uniform Power of attorney Act. along with the definition of ‘durable’ stated in § 633.102(3). The terms power of attorney is also legally defined in § 633B. 102(9). The document must also meet the signing requirements outlined in the governing laws outlined in Agent Certification (§633B.105, §633B.302). Lastly, a statutory form should be obtained from I.C. A § 633B.105.
Iowa POA Legal Requirements
The powers of attorney form from Iowa should outline the powers granted to the agent. The description of the tasks the agent will be expected to carry out will help the principal avoid confusion. It should also be dated to help establish when the document was drafted. Finally, it should be signed by both the agent and principal to indicate that an agreement has been reached. Two witnesses should also sign the power of attorney form from Iowa over 18 or a notary public.
How to Get a Power of Attorney in Iowa?
To get a power of attorney in Iowa, there must be a principal of sound mind who holds the rights and an agent who will receive the powers. There can also be a second or third agent if the first cannot carry out their duties. The power of attorney form specific for the state of Iowa should be filled and completed.
A signature from the principal and the agent should then be indicated. The principal may also have an authorized representative sign the document on their behalf, depending on the type of power of attorney. The principal may be required to sign the document in the presence of one or more witnesses or have it acknowledged by a notary public.
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How to Revoke Power of Attorney in Iowa?
The principal can revoke a power of attorney form from Iowa by presenting the agent with an oral or written communication of their intention. It can also be revoked if the agent dies or becomes incapacitated and no co-agent is named. The power of attorney form from Iowa may also be revoked if the principal becomes incapacitated and a power of attorney is not durable. A new power of attorney form may also be created to revoke the previous one. If the agent was the principal’s spouse but is now divorced, the ex-spouse’s powers are automatically revoked. Lastly, if the principal dies, a power of attorney is revoked.
Final Remarks
The power of attorney form from Iowa provides a legal means to transfer powers from the principal to the agent. There are various power of attorney forms in Iowa that can be utilized depending on the type of powers the principal would like to transfer, whether specific or broad, and whether they are durable or non-durable. When considering the various types of powers, both parties, the principal and agent, must be clear on the statutory laws, versions, and statutory forms they can use.
It is also crucial that both parties clearly understand the statutory requirements that must be met. Requirements such as having the principal’s signature acknowledged by a witness or notary public play a crucial role in ensuring that the document can be executed. There should also be a clear understating of how the power of attorney form for Iowa can be revoked, such as upon the principal’s death or decision to revoke.
