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Iowa Power of Attorney Forms

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An Iowa Power of Attorney is the official paperwork utilized when it is time to delegate principal power to an attorney-in-fact. The principal who issues such an appointment will have the ultimate say in what financial matters or otherwise act the attorney-in-fact may act on. Naturally, choosing a trustworthy and reliable friend or relative is important in these matters because that person will be acting in your place with your resources. Many of these forms require a witness or two and/or a notary public. It is important that you review the forms so you can understand the requirements and the terms and determine which one works for your situation. All forms should comply with Iowa Uniform Power of Attorney Act.

POA Handbook – Use as a guide.

Types

Durable (Financial) Power of Attorney – Is a general power of attorney that allows you to appoint someone to manage your affairs, even in the event you become incapable of managing your own affairs. Although some POAs become void upon the incapacity of the principal, a “durable” POA continues despite incapacity.

General Power of Attorney – This form is similar to the durable POA, in that it conveys power to financially manage another’s estate, but it becomes void if the principal is adjudged incompetent.

Limited Power of Attorney – This form allows a principal to limit the granting of power to a limited situation or time period.

Health Care Power of Attorney – This form allows you to choose someone to represent you and act on your behalf with your healthcare management. In the event you are unconscious or otherwise incapacitated, it’s helpful to have someone that you trust to make decisions for you.

Minor Child Power of Attorney – There are times when you may need someone to act on your children’s behalf in the event you are unable to. This is the form you would use for that.

Power of Attorney Revocation – If you need to revoke any type of POA that you entered into in the past, use this form.

Real Estate Power of Attorney – For an owner of real property to let another person handle the sale or closing.

Tax Power of Attorney (Form 2848) – If you need someone to represent you with the Iowa Department of Revenue, use this form.

Vehicle Power of Attorney Form 411021 – This form allows a person to designate a representative to take care of issues related to selling, purchasing or titling a motor vehicle in Iowa.

How to Write

1 – Open The Iowa Authority Document

You may select one of the buttons below the image to open or download this paperwork at your discretion. Make sure to have all your reference material in an easily accessible area.

2 – Designate An Attorney-in-Fact And Successor Agents

The Principal should read the initial text for some vital information. Once he or she has completed this task we will need to supply this form with some information. The first sections requiring information will be the “Designation of Agent” and “Designation of Successor Agent(s) (Optional).”

Locate the first blank space under the words “Designation of Agent,” then fill in the Full Name of the Principal. The next three blank spaces will concern themselves with the Identity and Contact Information of the individual the Principal will name as his or her Attorney-in-Fact through this document. Record the Full Name of the Attorney-in-Fact on the blank space labeled “Agent.” This report should continue by entering the Attorney-in-Fact’s Address and Telephone Number on the blank spaces labeled “Agent’s Address” and “Agent’s Telephone Number.”The next section requesting information is optional. While it is mandatory to name an Attorney-in-Fact, it is not mandatory to name a Successor in case the Agent or Attorney-in-Fact should the primary Agent be unable to live up to this role. This is generally recommended. There will be enough room to name two Successor Agents to serve as the Principal Agent. This form will allow only one Principal Agent at a time. Report the Name, Address, and Telephone Number of the Successor Agent on the blank spaces labeled “Name of Successor Agent,” “Successor Agent’s Address,” and “Successor Agent Telephone Number” (respectively). If the Principal has also chosen a Second Successor Agent (in case both the Principal Agent and Successor Agents are unable or no longer permitted to act as such. Such an entity may be declared by entering his or her Full Name, Address, and Telephone Number on the blank spaces following the labels “Name of Second Successor Agent,” “Second Successor Agent’s Address,” and “Second Successor Agent’s Telephone Number.”

3 – Officially Approve The General Powers To Be Granted To the Agent

The next section, “Grant of General Authority,” will define the Powers to be granted to the Agent by this form’s execution. These General Subjects of Authority will be named in a list, each preceded by a blank line. The Principal will need to initial each Subject he or she wishes the Agent granted. If the Principal has reviewed the list and wishes to grant Authority regarding all the subjects listed, he or she need only initial the last item.

The first list item is “Real Property.” If the Principal wishes to grant the Agent with the Authority to affect his or her Real Property, then he or she must initial the blank space in this item.

The second item names “Tangible Personal Property” as a General Subject of Power the Agent may wield Principal Authority in. The Principal may approve this granting by initialing this item. The third item will list the Principal’s “Stocks and Bonds” as an area where the Agent will be empowered to use Principal Powers in decisions and actions. This item should be initialed by the Principal if the Agent should have this authority. The fourth item provides the Principal with a tool to grant the Agent the Authority to affect his or her “Commodities and Options” once, he or she initials the blank line. The Principal will approve of the Agent’s acting on his or her behalf with Principal Authority with his or her “Banks and Other Financial Institutions” by initialing the fifth blank space. The sixth item delivers Principal Authority in the Principal’s Business or Entity’s Operations to the Agent, if the Principal initials the blank space provided. Once the seventh subject, “Insurance and Annuities,” is initialed by the Principal, the Agent will be empowered to affect the Principal in these matters. 

The eighth subject will be the Principal’s “Estates, Trusts, and other Beneficial Interests.” If the Principal wishes to empower the Agent to act in his or her Name in these areas, the fifth item will need to be initialed.

The Principal’s “Claims and Litigation” will be subject to the Agent’s Principal Authority, if the Principal initials the ninth item.

If the Principal requires the Agent to act in his or her Name regarding the Principal’s “Personal and Family Maintenance,” the tenth item will need to bear the Principal’s initials.

The eleventh item, “Benefits from Governmental Programs or Civil or Military Service,” will empower the Agent with Principal Authority in these areas once the Principal initials the blank line.

The twelfth line item will empower the Attorney-in-Fact to act upon the Principal’s “Retirement Plans,” if the Principal initials the blank line present.

The thirteenth item will grant the Attorney-in-Fact the authority to act in the Principal’s Name regarding the Principal’s Taxes only if the Principal initials the blank space.If the last item is checked, “All Preceding Subjects,” all these General Subjects of Authority will automatically be designated to the Agent’s Principal Authority.

The next Authority section, “Grant of Specific Authority (Optional),” is provided for the convenience of delivering the Principal’s Preferences, regarding specific areas, in a set format. Here, too, the Principal should review the list carefully, then initial all the Actions he or she will empower the Agent to take with Principal Power.

The first statement will grant the Agent the right to use Principal Authority to “Amend, revoke, or terminate a revocable inter vivos trust,” so long as it is possible for the Principal. The Principal should initial the blank line here if he or she wishes to grant this authority.   The second statement will allow the Attorney-in-Fact to agree with amending or terminating any other inter vivos trust and should be initialed by the Principal if he or she wishes to appoint this ability to the Agent. The third statement designates the Principal’s Power in making gifts to Non-Agent individuals (as defined by the Iowa Uniform Power of Attorney Act, Iowa Code section 633B.217) once the Principal initials the blank space provided. The next statement empowers the Agent to make Gifts in the Principal’s Name using Principal Authority to Agents. Some definition is needed. If such a gift must be approved (in writing), the Principal will need to initial the blank space preceding the words “Any such gift…” then, enter the Name of the individual who must provide the written approval necessary. If the Agent does not need the approval to make gifts to Agents to form a third party, the Principal will need to initial the blank space preceding the words “No third-party approval…”If the Principal desires to appoint the Agent with the power to authorize another individual to use the Principal Authority defined in this document, the Principal will need to initial the blank space just before the words “Authorize another person…” The Principal will grant the Agent with the Authority to waive his or her rights to be a beneficiary (for joint and survivor annuities in retirement plans) by initialing the blank space corresponding to the statement beginning with the phrase “Waive the principal’s right…”The Principal may empower the Agent or Attorney-in-Fact with the right to wield any of the Principal’s Fiduciary Powers once the blank space preceding the words “Exercise fiduciary powers…”If the Principal wishes to give the Agent the ability to “Disclaim or refuse” interests in Property (including powers of appointments) then he or she should initial the last statement in this section.4 – The Principal Retains The Right To Deliver Specific Instructions

The next area that must be attended to is optional. The “Special Instructions (Optional)” section will provide a definitive space where the Principal may deliver instructions that may include (for example) limitations, restrictions, extensions, or conditions concerning the Agent’s use of power. This includes the time-period when the Agent may use such powers. If no additional instructions are provided, this document will be considered a complete account of the Principal’s Preferences and will have a Period of Effect beginning with the Execution Date.

Additionally, if the Principal chooses, he or she may appoint a third party to review and hold the Agent accountable. This may be done on by entering the Full Name of this party on the next blank line, just above the statement beginning with “shall have authority to request…”

5 – In The Case Where a Conservator or Guardian Must Be Named

Another optional section is the “Nomination of Conservator And Guardian (Optional).” If the Principal foresees that a court may name a Conservator/Guardian or wishes to be involved in case any such instance comes to pass, he or she may nominate a specific individual for the court’s consideration. If not, this section may be left blank.

On the space following the words “Name of Nominee for Conservator of My Estate,” the Principal may Name a Nominee for the Conservator position. This should be followed by this “Nominee’s Address” and the “Nominee’s Telephone Number.”

If the Principal has a specific individual in mind to be his or her Guardian, then he or she should enter the name of this individual on the blank space following the words “Name of Nominee for “Guardian of My Person.” This area will also request this “Nominee’s Address” and Telephone Number be documented on the next two blank spaces.6 – The Finalization Of This Document

The “Signature And Acknowledgment” will contain the area where the Principal issuing this document may provide the required Signature. He or she must sign the blank space labeled “Your Signature” then enter the Date of this signature on the line labeled “Date.”  Below the Principal’s Signature, he or she must supply his or her Printed Name, Address, and Telephone Number. Each of these items will have an appropriately labeled space (“Your Name Printed,” “Your Address,” “Your Telephone Number”). There will be a specific area for the Notary Public’s use below the Principal Signature. Make sure to follow the instructions of the Notary so this entity may successfully complete these requirements here. The last area in the “Signature And Acknowledgment” section requires the Full Name of the individual who has prepared this document. Enter the Name of this person in the space after the statement “This document prepared by.” The final section “Important Information For Agent” should be read by the Attorney-in-Fact or Agent named in this paperwork. When ready, he or she should locate the statement beginning with the words “Disclose your identity…” then, on the first blank space after these words, Print or write in the Name of the Principal. Afterward the Agent should sign his or her name on the space between the words “by” and “as Agent.”


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