Iowa Power of Attorney Laws: Durable, Medical & Financial POA (2026)

A power of attorney created under this chapter is durable unless the power of attorney expressly provides that it is terminated by the incapacity of the principal.

Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at legis.iowa.gov

1. An agent under a power of attorney may do any of the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and the exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject: a. Create, amend, revoke, or terminate an inter vivos trust. b. Make a gift. c. Create or change rights of survivorship. d. Create or change a beneficiary designation. e. Delegate authority granted under the power of attorney. f. Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including but not limited to a survivor benefit under a retirement plan. g. Exercise fiduciary powers that the principal has authority to delegate. h. Disclaim property, including but not limited to a power of appointment. i. Exercise all rights and powers granted to an agent under chapter 638. 2.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual, other than any prospective agent, directed by the principal to sign the principal’s name on the power of attorney. A power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments. An agent named in the power of attorney shall not notarize the principal’s signature. An acknowledged signature on a power of attorney is presumed to be genuine.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. A power of attorney terminates when any of the following occurs: a. The principal dies. b. The principal becomes incapacitated, if the power of attorney is not durable. c. The principal revokes the power of attorney. d. The power of attorney provides that it terminates. e. The purpose of the power of attorney is accomplished. f. 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 under the power of attorney. 2. An agent’s authority terminates when any of the following occurs: a. The principal revokes the authority. b. The agent dies, becomes incapacitated, or resigns. c. 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. d. The power of attorney terminates. e. The agent is named as having abused the principal in a founded dependent adult abuse report. f. The agent is convicted of dependent adult abuse for having abused the principal. 3.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. Except as otherwise provided in subsection 2, all of the following shall apply to a person’s actions regarding an acknowledged power of attorney: a. A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, no later than seven business days after presentation of the power of attorney for acceptance. b. If a person requests a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel. c. A person shall not require an additional or different form of power of attorney for authority granted in the power of attorney presented unless an exception in subsection 2 applies. 2. A person is not required to accept an acknowledged power of attorney if any of the following occurs: a. The person is not otherwise required to engage in a transaction with the principal in the same circumstances. b.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall act in conformity with all of the following: a. In accordance with the principal’s reasonable expectations to the extent actually known by the agent and otherwise in the principal’s best interest. b. In good faith. c. Only within the scope of authority granted in the power of attorney. 2. Except as otherwise provided in the power of attorney, an agent that has accepted appointment shall do all of the following: a. Act loyally for the principal’s benefit. b. Act so as not to create a conflict of interest that impairs the agent’s ability to act impartially in the principal’s best interest. c. Act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances. d. Keep a record of all receipts, disbursements, and transactions made on behalf of the principal. e. Cooperate with a person that has authority to make health care decisions for the principal to carry out the principal’s reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal’s best interest. f.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to do both of the following: 1. Restore the value of the principal’s property to what it would have been had the violation not occurred. 2. Reimburse the principal or the principal’s successors in interest for attorney fees and costs paid on the agent’s behalf.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. For purposes of this section and section 633B.120, “acknowledged” means purportedly verified before a notary public or other individual authorized by law to take acknowledgments. 2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 633B.105 that the signature is genuine. 3. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney was genuine, valid, and still in effect, the agent’s authority was genuine, valid, and still in effect, and the agent had not exceeded and had not improperly exercised the authority. 4. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, all of the following without further investigation: a.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency. 2. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred. 3. If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by the occurrence of any of the following: a. A licensed physician or licensed psychologist determines that the principal is incapacitated. b. A judge, or an appropriate governmental official determines that the principal is incapacitated. 4.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

A document substantially in the following form may be used to create a statutory power of attorney that has the meaning and effect prescribed by this chapter: IOWA STATUTORY POWER OF ATTORNEY FORM 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.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. “Agent” means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes an original agent, coagent, successor agent, and a person to which an agent’s authority is delegated. 2. “Conservator” or “conservatorship” means a conservator appointed or conservatorship established pursuant to section 633.553, 633.554, or 633.567 or a similar provision of the laws of another state. 3. “Durable”, with respect to a power of attorney, means not terminated by the principal’s incapacity. 4. “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. 5. “Good faith” means honesty in fact. 6. “Guardian” or “guardianship” means a guardian appointed or a guardianship established pursuant to sections 633.552 and 633.568 or a similar provision of the laws of another state. 7. “Incapacity” means the inability of an individual to manage property or business affairs because the individual is any of the following: a.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. A power of attorney executed in this state on or after July 1, 2014, is valid if the execution of the power of attorney complies with section 633B.105. 2. A power of attorney executed in this state before July 1, 2014, is valid if the execution of the power of attorney complied with the law of this state as it existed at the time of execution. 3. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with any of the following: a. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 633B.107. b. The requirements for a military power of attorney pursuant to 10 U.S.C. §1044b, as amended. 4. Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. An attorney in fact shall make health care decisions only if the following requirements are satisfied: a. The durable power of attorney for health care explicitly authorizes the attorney in fact to make health care decisions. b. The durable power of attorney for health care contains the date of its execution and is witnessed or acknowledged by one of the following methods: (1) Is signed by at least two individuals who, in the presence of each other and the principal, witnessed the signing of the instrument by the principal or by another person acting on behalf of the principal at the principal’s direction. (2) Is acknowledged before a notarial officer within this state as provided in chapter 9B. 2. The following individuals shall not be witnesses for a durable power of attorney for health care: a. A health care provider attending the principal on the date of execution. b. An employee of a health care provider attending the principal on the date of execution. c. The individual designated in the durable power of attorney for health care as the attorney in fact. d. An individual who is less than eighteen years of age. 3.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

The following individuals shall not be designated as the attorney in fact to make health care decisions under a durable power of attorney for health care: 1. A health care provider attending the principal on the date of execution. 2. An employee of a health care provider attending the principal on the date of execution unless the individual to be designated is related to the principal by blood, marriage, or adoption within the third degree of consanguinity.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. Unless the district court sitting in equity specifically finds that the attorney in fact is acting in a manner contrary to the wishes of the principal or the durable power of attorney for health care provides otherwise, an attorney in fact who is known to the health care provider to be available and willing to make health care decisions has priority over any other person, including a guardian appointed pursuant to chapter 633, to act for the principal in all matters of health care decisions. The attorney in fact has authority to make a particular health care decision only if the principal is unable, in the judgment of the attending physician or attending physician assistant, to make the health care decision. If the principal objects to a decision to withhold or withdraw health care, the principal shall be presumed to be able to make a decision. 2. In exercising the authority under the durable power of attorney for health care, the attorney in fact has a duty to act in accordance with the desires of the principal as expressed in the durable power of attorney for health care or otherwise made known to the attorney in fact at any time.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

Except as limited by the durable power of attorney for health care, an attorney in fact has the same right as the principal to receive and review medical records of the principal, and to consent to the disclosure of medical records of the principal when acting pursuant to the durable power of attorney for health care.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. A durable power of attorney for health care may be revoked at any time and in any manner by which the principal is able to communicate the intent to revoke, without regard to mental or physical condition. Revocation may be by notifying the attorney in fact orally or in writing. Revocation may also be made by notifying a health care provider orally or in writing while that provider is engaged in providing health care to the principal. A revocation is only effective as to a health care provider upon its communication to the provider by the principal or by another to whom the principal has communicated revocation. The health care provider shall document the revocation in the treatment records of the principal. 2. The principal is presumed to have the capacity to revoke a durable power of attorney for health care. 3. Unless it provides otherwise, a valid durable power of attorney for health care revokes any prior durable power of attorney for health care. 4.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov

1. This chapter does not create a presumption concerning the intention of an individual who has not executed a durable power of attorney for health care and does not impair or supersede any right or responsibility of an individual to consent, refuse to consent, or withdraw consent to health care on behalf of another in the absence of a durable power of attorney for health care. 2. This chapter shall not be construed to condone, authorize, or approve any affirmative or deliberate act or omission which would constitute mercy killing or euthanasia. 3. If after executing a durable power of attorney for health care designating a spouse as attorney in fact, the marriage between the principal and the attorney in fact is dissolved, the power is thereby revoked. In the event of remarriage to each other, the power is reinstated unless otherwise revoked by the principal. 4. It is the responsibility of the principal to provide for notification of a health care provider of the terms of the principal’s durable power of attorney for health care.

Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legis.iowa.gov