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.
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:
_______________________ (principal’s name) by _______________________ (your signature) 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.
Sec. 44. NEW SECTION. 633B.302 Agent’s certification ——
optional form.
The following optional form may be used by an agent to certify facts concerning a power of attorney:
IOWA STATUTORY POWER OF ATTORNEY AGENT’S CERTIFICATION FORM AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
AGENT’S AUTHORITY State of _________________________
County of ______________________
I, ______________________________ (name of agent), certify under penalty of perjury that ______________________________
(name of principal) granted me authority as an agent or successor agent in a power of attorney dated
_____________________.
I further certify all of the following to my knowledge:
The principal is alive and has not revoked the power of
attorney or the Power of Attorney and my authority to act under the Power of Attorney have not terminated.
If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred.
If I was named as a successor agent, the prior agent is no longer able or willing to serve.
__________________________________________________________
__________________________________________________________
__________________________________________________________.
(Insert other relevant statements) SIGNATURE AND ACKNOWLEDGMENT
_____________________________ _________________________
Agent’s Signature Date
_____________________________
Agent’s Name Printed
_____________________________
_____________________________
Agent’s Address
_____________________________
Agent’s Telephone Number
This document was acknowledged before me on _______________
(date), by __________________________ (name of agent) _____________________________ (Seal, if any) Signature of Notary
My commission expires ________________
This document prepared by
___________________________________________________________
___________________________________________________________
Sec. 45. NEW SECTION. 633B.401 Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with
respect to the subject matter of this chapter among states that enact the uniform power of attorney Act.
Sec. 46. NEW SECTION. 633B.402 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).
Sec. 47. NEW SECTION. 633B.403 Effect on existing powers of attorney.
Except as otherwise provided in this chapter:
1. This chapter applies to a power of attorney created before, on, or after July 1, 2014.
2. This chapter applies to all judicial proceedings
concerning a power of attorney commenced on or after July 1, 2014.
3. This chapter applies to all judicial proceedings concerning a power of attorney commenced before July 1, 2014, including but not limited to proceedings pursuant to section 633B.116, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons. In that case, the provision does not apply and the court shall apply prior law.
4. An act completed before July 1, 2014, shall not be affected by this chapter.
Sec. 48. REPEAL. Sections 633B.1 and 633B.2, Code 2014, are repealed.
______________________________
PAM JOCHUM
President of the Senate
______________________________
KRAIG PAULSEN
Speaker of the House
I hereby certify that this bill originated in the Senate and is known as Senate File 2168, Eighty-fifth General Assembly.
______________________________
MICHAEL E. MARSHALL Secretary of the Senate Approved _______________, 2014
______________________________
TERRY E. BRANSTAD Governor