An Iowa limited power of attorney is a written document in which you, the principal, name an agent (also called an attorney-in-fact) to act for you on specific matters only. On this form, the agent’s powers are limited to the purposes you write on it. Under Iowa Code § 633B.114(1)(c), an agent who has accepted the appointment must act only within the scope of authority granted in the power of attorney.[5] Iowa Code § 633B.105 sets how the document must be signed and acknowledged.[1] The FormsPal Iowa limited power of attorney form lets you build the document online or download it as a PDF.
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Iowa Limited Power of Attorney Requirements
An Iowa power of attorney must be signed and then acknowledged before a notary public or another person authorized by law to take acknowledgments.[1] Unless the document provides a later start, it is effective when executed.[2]
Signing the Power of Attorney
The principal signs the document.
Another individual may sign the principal’s name instead, but only in the principal’s conscious presence and at the principal’s direction.
A power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments.
An acknowledged signature on a power of attorney is presumed to be genuine.[1]
Effective Date of the Power of Attorney
A power of attorney is effective when executed. The exception is a document in which the principal provides that it becomes effective at a future date or upon the occurrence of a future event or contingency.[2] On this form, you initial one of two choices in the Effective Date part: effective immediately, or effective on a date you fill in.
Write each purpose on the form in plain, specific words, such as the single transaction or account your agent should handle. Specific wording leaves less room for doubt about what your agent was named to do.
Iowa Limited Power of Attorney Form Details
The FormsPal Iowa limited power of attorney is a PDF template with 32 fillable fields. The table lists its other name, the Iowa Code sections that apply to it, and the format. You can create the document online with the builder above or download the PDF.
The form has eight parts, printed in order across three pages. You initial your choices, fill in the blanks, sign, and then take the form to a notary or other officer for the acknowledgment. You can also fill in the downloaded PDF with the online PDF editor.
The screenshots under each step show the FormsPal Iowa limited power of attorney template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Principal and agent. In the opening sentence, write your name and address, then your agent’s name and address on the lines provided.Step 1: sample entries, not a real document.
Purpose(s). Describe the limited purpose on the purpose lines, using as many of the five lines as you need. The Special Instructions statement below them is pre-printed and limits the powers to these purposes, so write any limits here.Step 2: sample entries, not a real document.
Effective date. Initial one choice: effective immediately, or effective on a date. If you pick the date, fill in the date blank.Step 3: sample entries, not a real document.
Termination date. Initial one termination choice. The first option on page 1 ends the power when you have signed a written revocation. The other options continue on page 2.Step 4: sample entries, not a real document.
Other termination choices and successor attorney-in-fact. If you choose one of the next two options, initial it: ending on a date you fill in, or ending when you are determined to be incapacitated. Then, in the Successor Attorney-in-Fact paragraph, write your agent’s name, the alternate agent’s name and the alternate’s address.Step 5: sample entries, not a real document.
Signed this day, signature and printed name. Fill in the day, month and year, then sign on the signature line and print your name below it. Read the paragraph above the date line before you sign.Step 6: sample entries, not a real document.
Acknowledgment: State of Iowa. Take the signed form to a notary or other officer for the acknowledgment on page 3. The county, date, officer’s name and title, and the name of the person appearing go in the blanks of this block.Step 7: sample entries, not a real document.
Officer’s signature and seal. The officer signs on the Signature line at the bottom of page 3 and adds the seal where marked.Step 8: sample entries, not a real document.
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When an Iowa Limited Power of Attorney Ends
An Iowa power of attorney ends when any of the events in Iowa Code § 633B.110 occurs. The agent’s authority can also end on its own, while the document itself stays in place. The two lists below keep the events apart.[3]
Events That End the Power of Attorney
A power of attorney terminates when any of the following occurs:
The principal dies.
The principal becomes incapacitated, if the power of attorney is not durable.
The principal revokes the power of attorney.
The power of attorney provides that it terminates.
The purpose of the power of attorney is accomplished.
The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act.[3]
Events That End the Agent’s Authority
The 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 for their legal separation, unless the power of attorney otherwise provides.
The agent is named in a founded dependent adult abuse report as having abused the principal.
The agent is convicted of dependent adult abuse for having abused the principal.
Unless the power of attorney provides otherwise, a person accepts appointment as an agent by exercising authority or performing duties as an agent, or by any other assertion or conduct indicating acceptance.[4]
Can my agent notarize my signature?
No. An agent named in the power of attorney may not notarize the principal’s signature.[1] Use a notary who is not your agent.
Does signing a new power of attorney cancel an earlier one?
Signing a new general or plenary power of attorney has two effects:
It revokes all general or plenary powers of attorney the principal previously executed in this state, except as provided in section 633B.103.
It does not revoke a power of attorney limited to a specific and identifiable action or transaction, if that action or transaction is still capable of performance but has not yet been fully accomplished by the agent.[3]
Does an Iowa power of attorney expire after a set amount of time?
Unless the power of attorney provides otherwise, an agent’s authority is exercisable until it terminates, even after a lapse of time since the power of attorney was executed.[3]
What happens if someone acts before learning the power of attorney has ended?
Termination of a power of attorney or an agent’s authority is not effective as to the agent or another person who, without actual knowledge of the termination, acts in good faith under the power of attorney. An act performed that way binds the principal and the principal’s successors in interest, unless it is otherwise invalid or unenforceable.[3]
Does incapacity end a power of attorney right away?
If the power of attorney is not durable, the principal’s incapacity does not revoke or terminate it as to an agent or other person who, without actual knowledge of the incapacity, acts in good faith under it.[3]
General information, not legal or tax advice.
Sources
Unless noted otherwise, the sources below are from the Iowa Code.
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
