Iowa General Durable Power of Attorney for Property & Finances (Immediate)

Iowa General Durable Power of Attorney
for Property & Finances (Immediate)

PACKET GUIDE — REMOVE THIS GUIDE BEFORE SIGNING OR RECORDING. THE STATUTORY FORM BEGINS ON THE PAGE TITLED "POWER OF ATTORNEY."

Iowa General Durable Power of Attorney for Property & Finances — Packet Guide

This packet contains the Iowa Statutory Power of Attorney Form (Iowa Code section 633B.301) that is effective immediately when signed and acknowledged, optional additional provisions you may initial, an optional Agent's Certification form (Iowa Code section 633B.302), and a recording cover sheet for real-estate use. Read this guide before you fill in or sign anything.

(Iowa Code chapter 633B — Iowa Uniform Power of Attorney Act (statutory form at § 633B.301))

What this document does

This power of attorney lets you (the "principal") appoint a person you trust (your "agent") to manage your property and finances. It is "durable," which means it stays in effect even if you later become incapacitated (Iowa Code section 633B.104). It does not authorize health-care decisions — Iowa health-care powers of attorney are governed by Iowa Code chapter 144B, not this document.

Choosing powers — initial to include

INITIAL each subject you want to include in the GRANT OF GENERAL AUTHORITY. To grant all thirteen subjects at once, initial ONLY "All Preceding Subjects" — do not also initial the individual lines. A line you do not initial is NOT granted. The GRANT OF SPECIFIC AUTHORITY powers (trusts, gifts, delegation, annuity waivers, fiduciary powers, disclaimers) can significantly reduce your property or change how it is distributed at your death — initial only the ones you intend.

Iowa's form splits gift authority by DONEE CLASS. The first gift line ("Make a gift to an individual who is not an agent") is capped by the federal annual gift-tax exclusion (Iowa Code section 633B.217) — the safer, commonly used choice. The second ("Make gifts … to my agent") lets your agent make gifts to YOUR AGENT; if you use it, initial exactly ONE of its two sub-lines — written third-party approval (name the approver) or no third-party approval — never both. Self-gifting is heavily restricted by Iowa Code section 633B.201(2) and the form's own LIMITATION ON AGENT'S AUTHORITY for an agent who is not your ancestor, spouse, or descendant: for a non-relative agent, the agent-gift initial is not enough by itself — the Special Instructions must also include the self-benefit authority. Initial the agent-gift line only on professional advice, and prefer the written-approval sub-line.

Important Iowa rules you should know before signing

• Signing this general power of attorney REVOKES every earlier general or plenary power of attorney you have previously executed IN IOWA (Iowa Code section 633B.110(6)). It does not revoke a power limited to a specific transaction that is still unfinished, and it does not revoke an Iowa health-care power of attorney (chapter 144B). The statute does not reach a general power of attorney executed in another state. If you have an earlier power of attorney you want to keep, get legal advice before signing.

• If a court later appoints a conservator of your estate, this power of attorney is SUSPENDED unless you initial the optional continuation election in the OPTIONAL ADDITIONAL PROVISIONS or the court orders otherwise (Iowa Code section 633B.108(2)).

• Your agent's authority ends automatically if your agent is named as having abused you in a founded dependent-adult-abuse report or is convicted of dependent adult abuse (Iowa Code section 633B.110(2)(e), (f)).

• If your agent is your spouse, filing for dissolution, annulment, or legal separation ends your spouse's authority unless you initial the optional continuation election (Iowa Code section 633B.110(2)(c)).

• Your agent is NOT entitled to compensation — only expense reimbursement — unless you initial the optional compensation election (Iowa Code section 633B.112). Banks and trust companies acting as agent receive reasonable compensation regardless.

• This form names one agent (plus optional successors). If you name coagents in the Special Instructions, they must act by MAJORITY rule unless you provide otherwise (Iowa Code section 633B.111(1)).

Signing the document

Sign in the presence of a notary public; the form must be acknowledged (Iowa Code section 633B.105). If you cannot sign, another individual — NOT the person you are appointing as agent — may sign your name in your conscious presence at your direction. The agent you name may not notarize your signature. Iowa also permits remote online notarization under Iowa Code chapter 9B. Sign in black or dark blue ink, and make sure every signature has the signer's name typed or printed beneath it — Iowa county recorders require this for recorded documents (Iowa Code section 331.606B). You may sign outside Iowa: the instrument remains valid (Iowa Code section 633B.106(3)), and the "State of / County of" lines should name the place you actually sign. The governing-law line keeps Iowa law in control of the power of attorney's meaning and effect (section 633B.107).

Using the document for real estate

To be recorded, a document must first be acknowledged (Iowa Code section 558.42) — this form's notary block satisfies that. Iowa county recorders apply statewide formatting standards (Iowa Code section 331.606B): a 3-inch top margin on the first page, minimum type sizes, and preparer, return-address, title, and grantor/grantee information on the first page. Attach the bannered RECORDING COVER SHEET (last page of this packet) as the first page when recording — it carries the reserved 3-inch zone and the required information block. A non-conforming document may be accepted only with an additional $10 fee; a document that is illegible, or whose signatures lack typed or printed names beneath them, is rejected outright (section 331.606B(7)).

Married principals: Iowa's homestead rule (Iowa Code section 561.13) makes a conveyance or mortgage of the homestead void unless BOTH spouses join, or the non-signing spouse has given a power of attorney for that purpose. Your agent under this document cannot sign for your spouse — plan on both spouses' signatures (or a spousal power of attorney) for any homestead transaction.

The optional Agent's Certification

Iowa Code section 633B.302 provides an OPTIONAL certification an agent may sign (in the presence of a notary) to confirm the power of attorney is still valid when dealing with banks and others. It is not a condition of the agent's authority. A person asked to accept the acknowledged power of attorney must accept it or request a certification, translation, or opinion of counsel within seven business days, and must accept within five business days after receiving what was requested (Iowa Code sections 633B.119, 633B.120). A spare blank certification is included for later use. The same form also satisfies the certification a digital-assets custodian may demand before disclosing account content to your agent (Iowa Code section 638.9(3)).

Digital assets

If you initial the optional digital-assets election, your agent is expressly granted the Iowa chapter 638 powers, including access to the content of electronic communications (section 638.9). Directions you give through an online tool (for example, a Google or Facebook account setting) override this document to the extent stated in section 638.4.

Revoking or changing this power of attorney

You may revoke this power of attorney at any time while you have capacity — notify your agent and anyone who has relied on it, in writing, and retrieve or destroy copies. Remember that signing any new general Iowa power of attorney automatically revokes this one (section 633B.110(6)).

END OF PACKET GUIDE — THE STATUTORY FORM FOLLOWS. REMOVE THE GUIDE PAGES BEFORE SIGNING OR RECORDING.

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IOWA STATUTORY POWER OF ATTORNEY FORM

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 _________________________ (name of principal) name the following person as my agent:

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 _____________________

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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:

(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 section 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.

SPECIAL INSTRUCTIONS (OPTIONAL)

You may give special instructions on the following lines:

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

_________________________ shall have the authority to request an accounting of any agent.

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.

[OPTIONAL ADDITION — not part of the enacted statutory form] This power of attorney is governed by the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B (Iowa Code section 633B.107).

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OPTIONAL ADDITIONAL PROVISIONS

[OPTIONAL ADDITION — not part of the enacted statutory form] The following elections are offered by PublicLegal and are not part of the enacted statutory form. Initial ONLY the elections you want. Leave every other line blank.

_____ Digital assets. I expressly grant my agent all rights and powers granted to an agent under Iowa Code chapter 638, including authority over the content of electronic communications sent or received by me (Iowa Code sections 633B.201(1)(i), 638.9, and 638.10). Directions I give through an online tool override this grant to the extent stated in section 638.4.

_____ Create or change rights of survivorship. I expressly grant my agent authority to create or change rights of survivorship (Iowa Code section 633B.201(1)(c)). This authority remains subject to the LIMITATION ON AGENT'S AUTHORITY above.

_____ Create or change a beneficiary designation. I expressly grant my agent authority to create or change a beneficiary designation (Iowa Code section 633B.201(1)(d)). This authority remains subject to the LIMITATION ON AGENT'S AUTHORITY above.

_____ Agent compensation. I state as a Special Instruction of this power of attorney that my agent is entitled to reasonable compensation under the circumstances for services performed as my agent, in addition to reimbursement of expenses reasonably incurred on my behalf (Iowa Code section 633B.112; absent this Special Instruction an individual agent receives expense reimbursement only).

_____ Dissolution, annulment, or legal separation. I state as a Special Instruction of this power of attorney that if my agent is my spouse, the filing of an action for dissolution or annulment of our marriage or for our legal separation will not terminate my agent's authority (Iowa Code section 633B.110(2)(c)).

_____ Conservator appointment. If a court appoints a conservator of my estate or other fiduciary charged with the management of some or all of my property after I sign this power of attorney, this power of attorney continues (it is not suspended), and my agent is accountable to that fiduciary as well as to me (Iowa Code section 633B.108(2)).

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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

___________________________________________________________

___________________________________________________________

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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.

If there is anything about this document or your duties that you do not understand, you should seek legal advice.

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AGENT'S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENT'S AUTHORITY (OPTIONAL)

Iowa Code section 633B.302 provides this optional form, which your agent may use when a bank or other person asks for proof that the power of attorney is still in effect. The certification is not a condition of the agent's authority. A spare blank copy follows this one.

State of _________________________

County of ______________________

I, ______________________________ (name of agent), certify under penalty of perjury that ______________________________ (name of principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________.

I further certify all of the following to my knowledge:

• The principal is alive and has not revoked the power of attorney or the power of attorney and my authority to act under the power of attorney have not terminated.

• If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred.

• If I was named as a successor agent, the prior agent is no longer able or willing to serve.

__________________________________________________________

__________________________________________________________

__________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date

_____________________________________________________

Agent's Name Printed

_____________________________________________________

_____________________________________________________

Agent's Address

_____________________________________________________

Agent's Telephone Number

This document was acknowledged before me on _______________ (date), by __________________________ (name of agent)

_____________________________________________________

(Seal, if any) Signature of Notary

My commission expires ________________

This document prepared by

___________________________________________________________

___________________________________________________________

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ADDITIONAL BLANK AGENT'S CERTIFICATION (OPTIONAL — SPARE COPY)

State of _________________________

County of ______________________

I, ______________________________ (name of agent), certify under penalty of perjury that ______________________________ (name of principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________.

I further certify all of the following to my knowledge:

• The principal is alive and has not revoked the power of attorney or the power of attorney and my authority to act under the power of attorney have not terminated.

• If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred.

• If I was named as a successor agent, the prior agent is no longer able or willing to serve.

__________________________________________________________

__________________________________________________________

__________________________________________________________

(Insert other relevant statements)

SIGNATURE AND ACKNOWLEDGMENT

_____________________________________________________

Agent's Signature

_____________________________________________________

Date

_____________________________________________________

Agent's Name Printed

_____________________________________________________

_____________________________________________________

Agent's Address

_____________________________________________________

Agent's Telephone Number

This document was acknowledged before me on _______________ (date), by __________________________ (name of agent)

_____________________________________________________

(Seal, if any) Signature of Notary

My commission expires ________________

This document prepared by

___________________________________________________________

___________________________________________________________

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RECORDING COVER SHEET — NOT PART OF THE POWER OF ATTORNEY — ATTACH AS THE FIRST PAGE ONLY WHEN RECORDING FOR REAL-ESTATE USE (Iowa Code § 331.606B)

[The space above this note is reserved for the county recorder's use (Iowa Code § 331.606B(1)(f)). Do not write in it.]

Document title: Power of Attorney (Iowa statutory form, Iowa Code chapter 633B)

Preparer information (§ 331.606B(2)(a)):

_____________________________________________________

Name of individual who prepared this document:

_____________________________________________________

Preparer address:

_____________________________________________________

Preparer telephone number:

Return address (§ 331.606B(2)(c)):

_____________________________________________________

Name:

_____________________________________________________

Address:

Parties (§ 331.606B(2)(e), (f)):

_____________________________________________________

Grantor (Principal) name:

_____________________________________________________

Grantee (Agent) name:

For an instrument of conveyance only (§ 331.606B(2)(b)):

_____________________________________________________

Taxpayer name and complete mailing address (optional for a standalone power of attorney):

Legal description / parcel identification number, if required (§ 331.606B(2)(h)): see the deed or other instrument to which this power of attorney relates. If any required information does not fit on this page, note on this page the page of the document where it appears (§ 331.606B(3)).

How to use this sheet: complete it, detach it from this packet, and place it IN FRONT of the power of attorney when you deliver the instrument to the county recorder. Remove the PACKET GUIDE pages first. Recording requires prior acknowledgment (Iowa Code § 558.42) — the form's notary block satisfies that. A document that does not meet the formatting standards is accepted only with an additional $10 fee, and a document that is illegible or lacks typed or printed names beneath signatures is rejected outright (§ 331.606B(7)).