You can create an Iowa durable power of attorney if you want someone to be able to deposit your checks at the bank, file your taxes, or even conduct real estate transactions for you. Through a POA, an individual—also known as a “principal”—grants specific powers to a trusted person—an “agent” or “attorney-in-fact”—to handle specific matters on their behalf.
DPOAs stay in effect even if the principal becomes incapacitated and legally unable to make their own decisions, and they can also be used by someone who anticipates being away or unable to manage their finances in the future.
In Iowa, a durable power of attorney is generally used for financial and business matters, while a medical power of attorney generally covers medical decisions.
Here is what you need to know to create your own durable power of attorney in the Hawkeye State.
Iowa Durable Power of Attorney Requirements
In Iowa, power of attorney forms are durable by default.
Relevant Laws: § 633B.101 (Uniform Power of Attorney Act).
Presumed Durable: Yes — durability presumed (§ 633B.104).
Signing: Signature of principal required.
Notarization: The principal’s signature must be acknowledged by a notary public (or other individual authorized by law to take acknowledgments). The signature of the agent should be notarized if they sign the Agent Certification form, which is optional (§ 633B.105, § 633B.302).
Statutory Form: Yes — § 633B.301.
How to Fill Out an Iowa DPOA Form
These steps should guide you to easily create a durable power of attorney form for Iowa:
Step 1: Designate an Agent
Any adult can be your agent in Iowa. For practical reasons, you want to consider someone you trust, lives closeby, and understands the implications of a power of attorney. The principal just be sound of mind before making a durable power of attorney.
In Iowa, you can also appoint co-agents that can act at the same time, but this might create conflicts further own the line. In any case, you also have the option to name a “successor” agent who can make decisions in case the first agent is unavailable.
Once the agent agrees, both parties must write their names and addresses at the top of the durable power of attorney form.
Step 2: Grant Authority
Once you name the agent, you also have to consider the powers they have. You can opt for comprehensive powers or choose from a list the specific powers you choose to grant to your agent.
Here are the most common areas:
- real property
- stocks and bonds
- banks and other financial institutions
- operation of entity or business
- benefits from governmental programs or civil or military service
- retirement plans
You can also ad on the form specific instructions about which actions the agent can perform.
Step 3: Ensure Your Form Is Durable
In Iowa, a power of attorney is presumed to be durable unless you specifify on the form that it’s non-durable.
Step 4: Sign and Date the Form
Once all the details have been settled, the agent and the principal sign and date the durable power of attorney form.
In Iowa, your durable power of attorney form also needs to be notarized.
Storing and Using Your DPOA Form in Iowa
Once your document is ready, you should store it in a safe place and let your close family know where to find it. A copy of the form should also be given to the agent.
For good measure, you should send copies of your DPOA to banks or other institutions and file one with the land records office in case your agent will be handling real estate transactions.
Signing on Behalf of the Principal
To enable your agent to sign on your behalf, contact the third party or place the DPOA will be used, and provide both IDs—yours and the agent’s.
The agent can then sign on your behalf as follows:
by [Agent’s name]
Power of attorney
Revoking a Durable Power of Attorney in Iowa
You can revoke a power of attorney at any time by completing and filing a revocation of power of attorney.
If you’ve named your spouse as your agent on your DPOA and you subsequently filed for divorce, your spouse can no longer act as your agent. The DPOA remains intact if you named a successor agent that can take over.