What Is an Iowa Power of Attorney?
An Iowa power of attorney is a legally binding document between a principal and their chosen agent. The principal outlines the agent’s ability to handle financial, medical, and personal matters on their behalf. In Iowa, the principal creating a POA must be at least 18 years old and of sound mind. This form protects the principal if they can’t act independently.
Our free Iowa power of attorney forms make choosing and providing powers for your agent easy. Use our document editor to create an enforceable POA and define the terms of your agreement.
Types of Powers of Attorney in Iowa
Iowa recognizes a few different types of powers of attorney, so you can find the one that meets your needs. Using a specific form to dictate the purpose, duration, or scope of your POA helps protect you and your agent.
Durable vs. Non-Durable
You can provide your agent with either durable or non-durable powers of attorney. A durable power of attorney remains active and valid even after the principal has become incapacitated. On the other hand, a non-durable POA revokes the agent’s abilities upon the principal’s incapacitation.
Under IA Code § 633B.104, all created powers of attorney are considered durable, unless stated otherwise. Including a statement about the durability of your agreement ensures the agent’s authority ends at your desired time.
Financial
If you want someone to handle your financial matters, an Iowa financial power of attorney can help. You can choose to give your agent power over any or all financial assets and affairs, such as:
- real property
- personal property
- investments
- insurance accounts
- retirement funds
- tax filing
The exact terms, restrictions, and processes for providing these powers of attorney can be found under IA Code § 633B.204 – 633B.217.
Medical
An Iowa medical power of attorney lets your agent handle your health care decisions. Use this form to authorize your trusted representative to make decisions about your medical care. You can provide your agent with a variety of abilities, such as:
- authorizing treatments
- accessing medical records
- allowing life-sustaining treatment
- hiring health care professionals
According to IA Code § 144B, a medical POA must include signatures from two witnesses and an acknowledgement from a notary public. These witnesses cannot be the principal’s health care provider or the named agent. They also must be at least 18, and at least one witness must not be related to the principal.
If you have specific preferences for your end-of-life care, you can combine your medical POA with a living will. These two documents form an advance directive, which protects your wishes for health care.
Durable (Financial)
Remains in place if the principal becomes incapacitated.
Signing Requirements: Notary public.
Limited
Grants an agent limited powers for specific tasks, and typically ends when those tasks have been completed.
Signing Requirements: Notary public.
Non-Durable (General)
Gives the agent the ability to make financial decisions on behalf of the principal.
Signing Requirements: Notary public.
Springing
It "springs” into action at a future time and only when a specific event occurs, such as the incapacitation of the principal.
Signing Requirements: Notary public.
Tax (Form 2848)
Gives a named agent the power to file taxes on your behalf or otherwise manage your tax affairs.
Signing Requirements: Principal only.
Workforce (Form 68-0092)
Allows businesses to release employment information for claimants filing for unemployment.
Signing Requirements: Employer only.
Vehicle (Form 411021)
Gives an agent the power to manage your vehicle-related affairs.
Signing Requirements: Notary public.
Real Estate
Use this document to authorize an agent for real estate transactions. It requires notarization and ends upon death or incapacity.
Signing Requirements: Notary public.
Minor (Child)
Use this to temporarily grant someone parental authority over a child, including care and healthcare decisions.
Signing Requirements: Notary public.
Revocation
Use to cancel any previously granted authority via a power of attorney (POA) document.
Signing Requirements: Two witnesses and/or notary public (recommended).
How to Write a Power of Attorney for Iowa
Knowing how to write a power of attorney form for Iowa ensures enforceability and protection. Make sure you follow state laws and include the correct and necessary information. Use the following steps to create an effective Iowa POA:
- List the parties involved: Provide the full legal names and addresses of the agent and principal. If you have any co-agents or successor agents, you can add their information too.
- Designate general authority: Select which general authorities you want your agent to control. This typically includes access to bank accounts, medical records, personal property, and investments.
- Give specific instructions: Add any particular authorities or terms for your arrangement manually in the specific instructions. This may include authority to manage gifts, beneficiary designations, or trusts.
- Set the effective date: Set when you want the powers granted to go into effect. Under IA Code § 633B.109, a POA is considered effective when signed, but you can also include an event or date that triggers the POA’s start time.
- Finalize and sign: Review the details of your document for accuracy and compliance. Once you feel confident in your document, sign the agreement and ensure proper notarization or witnesses.
Iowa Power of Attorney Requirements & Legal Considerations
Since a power of attorney includes sensitive information, it’s essential to understand the legal requirements and considerations. An Iowa power of attorney requires you to follow state laws. Review the following requirements and legal considerations to create a compliant POA.
Notarization
In Iowa, a general POA requires notarization. IA Code § 633B.105 states that acknowledging the principal’s signature by a notary public is required Other types, such as medical or tax POAs, may have different notarization or witness requirements. Ensure you follow state guidelines depending on your power of attorney’s specific purpose and format.
Filing
While filing a general power of attorney is not typically required, filing can help in many cases. If your agent controls real estate transactions, you must file a copy with the County Recorder’s Office where the property is located. In addition, financial or medical institutions often require a copy of your POA to verify the agent’s legal authority.
Revocation
The abilities granted in a power of attorney can also be removed. Either the principal or the agent can revoke the power of attorney with the following methods included in IA Code § 633B.110:
- Principal revocation: The principal can write and deliver a revocation of power of attorney form for the agent. This notice ends the agent’s authority upon their receipt.
- Agent resignation: If the agent is no longer willing or able to serve, they may deliver a written resignation notice to the principal. This relieves them of their duties and ends the arrangement.
- Divorce or separation: When the principal’s spouse acts as the agent, the agreement ends when a divorce or legal separation is filed with the courts.
- Terms of the agreement: If you include an end date or specific purpose in your contract, the agent’s powers will be revoked at that time. This may include revocation after the principal’s incapacitation, a specific transaction, or health care treatment.
