An Iowa power of attorney revocation form is used to cancel any previously granted authority via a power of attorney (POA) document. To complete this, the revocation must include the names of all parties involved (principal, agent, and successor agent), detail the original POA (type, title, and date it started), and sign off on the cancellation.
It’s crucial to distribute copies to the previously authorized agent and any relevant parties or institutions to prevent reliance on the outdated POA, as unaware third parties may still act based on the original document’s authority.
Legal Considerations
Statute – § 633B.110(1)(c)
Signing Requirements – Two witnesses and/or notary public (recommended).
Revocation and Termination
A power of attorney terminates when any of the following occurs:
- The principal dies.
- The purpose of the POA is accomplished.
- The principal revokes the POA.
- The agent appointed dies, becomes incapacitated, or resigns, and the document does not allow another agent to act in replacement.
If the principal wants to revoke a power of attorney, they need to follow these steps:
- Provide a written notice of revocation to the agent and any third parties acting under the power.
- Retrieve all copies of the document from the agent and any institutions where it was presented.
- If registered or recorded with any government office (e.g., for real estate transactions), file the revocation notice with the same office.
Termination of an Agent’s Authority
An agent’s authority terminates when any of the following occurs:
- The principal revokes the authority.
- The agent dies, becomes incapacitated, or resigns.
- An action is filed for the dissolution or annulment of the agent’s marriage to the principal or their legal separation unless the power of attorney otherwise provides.
- The DPOA terminates.
- The agent is named as having abused the principal in a founded dependent adult abuse report.
- The agent is convicted of dependent adult abuse for having abused the principal.
Considerations
- If an agent or another person acts in good faith without knowing about the principal’s incapacity or termination of the power of attorney, their actions bind the principal and the principal’s successors in interest.
- A general or plenary power of attorney revokes all previous general or plenary powers of attorney executed by the principal in the state.
- However, a power of attorney limited to a specific action or transaction is not revoked by the execution of a general or plenary power of attorney as long as the action or transaction is still possible but hasn’t been fully accomplished by the agent.
Fees
- Notary: Notarization is recommended, with costs ranging from $5 to $10 per signature.
- Recording: If the original document was recorded, the revocation should be, too, for $7 to $10, depending on the county.
Resources
- Iowa State Bar Association – A voluntary group of lawyers focused on enhancing law practice and justice administration.
- Iowa Legal Aid – Non-profit offering free legal services to low-income people.