Updated May 20, 2024
An Iowa springing power of attorney is a legal document that a person (the principal) uses to appoint someone else (the agent) to make important financial decisions for them if they become incapacitated. The agent has no authority to make decisions as long as the principal remains able to manage their affairs on their own.
Permitted in Iowa?
Signing Requirements
The principal (or another person at the direction of the principal) must sign the document in the presence of a notary public or other individual authorized to take acknowledgements. The notary may not be an agent named in the power of attorney.[2]
“Incapacity” Definition
“Incapacity” means the inability of an individual to manage property or business affairs because the individual is any of the following:
(A) An individual whose decision-making capacity is so impaired that the individual is unable to make, communicate, or carry out important decisions concerning the individual’s financial affairs.
(B) Detained or incarcerated in a penal system.
(C) Outside of the United States and unable to return.[3]