Iowa Power of Attorney

Iowa's UPOAA (Iowa Code Ch. 633B), effective July 1, 2014, modernized Iowa POA law to align with the national uniform act. It provides clear default rules for agent authority, fiduciary duties, and third-party reliance. POAs executed before July 1, 2014 are still valid under prior law, but new POAs should comply with the UPOAA.

Iowa Code §633B.201(b) lists actions requiring express authority: creating, amending, or revoking trusts; making gifts; creating or changing beneficiary designations; delegating authority to another agent; disclaiming property; exercising powers of appointment; and real estate transactions. These cannot be inferred from general language — list them explicitly.

Iowa Code §633B.119 requires third parties to honor valid POAs within a reasonable time. A refusal without a valid reason (e.g., genuine doubt about validity or revocation) may expose the third party to liability. Provide an agent certification (sworn statement of the agent's authority and that the POA has not been revoked) to ease third-party acceptance.

Iowa Code §144B.2 governs the health care power of attorney. It must be signed before two witnesses who are not related to the principal by blood or marriage, not the principal's physician, and not anyone entitled to inherit. The HCPOA may be combined with a living will (advance directive). Provide copies to your physician, hospital, and family.