Iowa Power of Attorney Forms
The Iowa Power of Attorney Forms allow any individual to exercise their legal right to appoint another person or entity to act in their stead for circumstances covering everything from tax filing to end-of-life care. The creator of the power of attorney (POA) is a party legally referred to as the Principal of the agreement. Whereas, the person or entity the Principal designates to handle their affairs, and who agrees to abide to the conditions of the POA, is a party referred to as the Agent.
What is an Iowa Power of Attorney?
An Iowa Power of Attorney is an agreement formed between a Principal and an Agent for the Agent to take over any of Principal’s responsibilities that have been specified in a given POA contract. Any POA established in the state must comply with the Iowa Uniform Power of Attorney Act. As the Iowa State Bar Association notes, the Act repealed previous POA laws in the state in order to address two major objectives, of which particularly aim to protect state’s rapidly aging population. Firstly, the Act aims to improve the POA’s effectiveness “as a vehicle that an individual can use to plan for potential incapacity and to avoid a court-appointed conservatorship in the event of actual incapacity.” Secondly, it aims to minimize cases of POA abuse by Agents.
- Iowa Power of Attorney Laws – (Title XV, Subtitle 4, Chapter 633B, “Iowa Uniform Power of Attorney Act”)
- State Definition of Power of Attorney (§ 633B.102(9)) – “means a writing that grants authority to an agent to act in the place of the principal, whether or not the term “power of attorney” is used.”
- Signing Requirements (§ 633B.105) – Must be signed by the Principal, or in the Principal’s conscious presence by another individual, before a Notary Public or other authorized individual.
Durable (Financial) Power of Attorney – A legal document that, once signed, grants an agent the authority to handle the prinicpal’s finances and property, withstanding an event in which they are rendered incapacitated.
General (Financial) Power of Attorney – In a similar vein to a Durable (Financial) Power of Attorney), this contract grants an agent with the authority to handle certain affairs concerning the principal’s finances and property. However, a General type of POA carries one important caveat—it will terminate if the principal is determined to be incapacitated.
Limited (Special) Power of Attorney – This document arms a chosen attorney-in-fact (otherwise known as an “agent”) with the power and authority to handle a principal’s affairs only to the limited extent specified therein.
Medical (Health Care) Power of Attorney – Otherwise referred to as a Health Care Power of Attorney, this frequently used contract charges an individual of the principal’s choosing with the legal responsibility to make decisions about areas of their medical care that they so allow.
Minor Child Durable Power of Attorney – This legal form enables a parent or guardian to delegate childcare responsibilities to another individual for a temporary amount of time, without needing to sacrifice their parental or custodial rights.
Motor Vehicle Power of Attorney (Form 411021) – Any aspects of managing the sale, purchase, or administrative duties involved with a motor vehicle may be taken care of by an individual or entity of the principal’s personal selection. That is, so long as the contents of the form are accepted by the state DMV.
Download – Adobe PDF
Real Estate (Property) Power of Attorney – Allows for a variety of real estate management tasks and duties to be offloaded to a property management company, or another entity or individual the principal trusts.
Revocation of Power of Attorney – Upon filing this legal document, the powers bestowed on an Attorney-of-Fact will be legally withdrawn.
State Tax Filing Power of Attorney (Form IA 2848) – In an effort to avoid financial and other repercussions for incorrect or late tax filing, individuals have the option of electing another individual or entity to address any outstanding tax issues and duties.
Download – Adobe PDF
When is it Effective?
In keeping with § 633B.105, a POA in the state of Iowa is effective when all it fulfills all of the following requirements:
- The POA is signed by the Principal. Alternatively, the Principal may direct another individual, other than any prospective Agent, to sign their name on their behalf.
- A Notary Public or other individual authorized by law to take acknowledgments duly acknowledges the POA.
- The Principal’s signature is not notarized by the named Agent.