Iowa Statutory Power of Attorney
In the case of wanting to allow a representative to make decisions concerning the property of a principal in the State of Iowa, the following form has to be completed and submitted.
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© The Iowa State Bar Association 2014 IOWADOCS® 120 - Iowa Statutory Power of Attorney Revised June 2014 THE IOWA STATE BAR ASSOCIATION Official Form No. 120 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 1. POWER OF ATTORNEY This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including but not limited to your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. This power of attorney does not authorize the agent to make health care decisions for you. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent’s authority will continue until you die or revoke the power of attorney or the agent resigns or is unable to act for you. Your agent is not entitled to compensation unless you state otherwise in the optional Special Instructions. This form provides for designation of one agent. If you wish to name more than one agent, you may name a coagent in the optional Special Instructions. Coagents must act by majority rule unless you provide otherwise in the optional Special Instructions. If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent. This power of attorney becomes effective immediately upon signature and acknowledgment unless you state otherwise in the optional Special Instructions. If you have questions about this power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form. DESIGNATION OF AGENT I, _____________________________________, name the following person as my agent: Name of Agent ______________________ Agent’s Address _______________________________________________________ Agent’s Telephone Number ______________ DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) If my agent is unable or unwilling to act for me, I name as my successor agent: Name of Successor Agent ______________________ Successor Agent’s Address ______________________________________________ Successor Agent’s Telephone Number _____________ IOWA STATUTORY POWER OF ATTORNEY -2- If my successor agent is unable or unwilling to act for me, I name as my second successor agent: Name of Second Successor Agent ______________________ Second Successor Agent’s Address _______________________________________ Second Successor Agent’s Telephone Number ______________________ GRANT OF GENERAL AUTHORITY I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B: (Initial each subject you want to include in the agent’s general authority. If you wish to grant general authority over all of the subjects you may initial “All Preceding Subjects” instead of initialing each subject.) ____ Real Property ____ Tangible Personal Property ____ Stocks and Bonds ____ Commodities and Options ____ Banks and Other Financial Institutions ____ Operation of Entity or Business ____ Insurance and Annuities ____ Estates, Trusts, and Other Beneficial Interests ____ Claims and Litigation ____ Personal and Family Maintenance ____ Benefits from Governmental Programs or Civil or Military Service ____ Retirement Plans ____ Taxes ____ All Preceding Subjects GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent shall not do any of the following specific acts for me unless I have initialed the specific authority listed below: (Caution: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. Initial only the specific authority you WANT to give your agent.) ____ Amend, revoke, or terminate a revocable inter vivos trust, if authorized by the trust. ____ Agree to the amendment or termination of any other inter vivos trust. ____ Make a gift to an individual who is not an agent, subject to the limitations of the Iowa Uniform Power of Attorney Act, Iowa Code section 633B.217, and any special instructions in this power of attorney. -3- Make gifts, either direct or indirect, to my agent acting under this power of attorney as follows: ____ Any such gift must be approved in writing by ____________________________; or ____ No third party approval is needed. ____ Authorize another person to exercise the authority granted under this power of attorney. ____ Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan. ____ Exercise fiduciary powers that the principal has authority to delegate. ____ Disclaim or refuse an interest in property, including a power of appointment. LIMITATION ON AGENT’S AUTHORITY An agent that is not my ancestor, spouse, or descendant shall not use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the optional Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ shall have the authority to request an accounting of any agent. EFFECTIVE DATE This power of attorney is effective immediately upon signature and acknowledgment unless I have stated otherwise in the optional Special Instructions. NOMINATION OF CONSERVATOR AND GUARDIAN (OPTIONAL) If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment: Name of Nominee for Conservator of My Estate ______________________________ Nominee’s Address ____________________________________________________ Nominee’s Telephone Number ______________________ Name of Nominee for Guardian of My Person ________________________________ Nominee’s Address ____________________________________________________ Nominee’s Telephone Number ______________________ -4- RELIANCE ON THIS POWER OF ATTORNEY Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid. SIGNATURE AND ACKNOWLEDGMENT _________________________________ ______________________ Your Signature Date _________________________________ Your Name Printed _____________________________________________________________________ Your Address _________________________________ Your Telephone Number STATE OF ___________________, COUNTY OF ___________________ This document was acknowledged before me this ____ day of ______________, ______, by _______________________________________________________________________. ________________________________ Signature of Notary Public This document prepared by __________________________________________________ _ __________________________________________________ ________________________ 2. IMPORTANT INFORMATION FOR AGENT AGENT’S DUTIES When you accept the authority granted under this power of attorney, a special legal relationship is created between the principal and you. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You must do all of the following: Do what you know the principal reasonably expects you to do with the principal’s property or, if you do not know the principal’s expectations, act in the principal’s best interest. Act in good faith. Do nothing beyond the authority granted in this power of attorney. -5- Disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as agent in the following manner: ________________________________ by ________________________________ as Agent. Unless the Special Instructions in this power of attorney state otherwise, you must also do all of the following: Act loyally for the principal’s benefit. Avoid conflicts that would impair your ability to act in the principal’s best interest. Act with care, competence, and diligence. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal. Cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal’s expectations, to act in the principal’s best interest. Attempt to preserve the principal’s estate plan if you know the plan and preserving the plan is consistent with the principal’s best interest. TERMINATION OF AGENT’S AUTHORITY You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include any of the following: Death of the principal. The principal’s revocation of the power of attorney or your authority. The occurrence of a termination event stated in the power of attorney. The purpose of the power of attorney is fully accomplished. If you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority. LIABILITY OF AGENT The meaning of the authority granted to you is defined in the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. If you violate the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B, or act outside the authority granted, you may be liable for any damages caused by your violation. If there is anything about this document or your duties that you do not understand, you should seek legal advice.
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