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Iowa Durable Power of Attorney

According to Section 633B.102 of Title XV, Chapter 633B (Powers of Attorney), a principal designates an agent or principal’s attorney in fact by a power of attorney in writing.  The power of attorney does not terminate until actual knowledge of principal’s death and if the agent acts in good faith.  Furthermore, according to Section 633B.104, the death, disability, or incompetence of any principal who has executed a power of attorney in writing does not revoke or terminate the agency as to the attorney in fact, agent, or other person who, without actual knowledge of the death, disability, or incompetence of the principal, acts in good faith under the power of attorney or agency.   The authority of the attorney in fact or agent is exercisable, as provided in the power of attorney, on behalf of the principal notwithstanding the principal’s disability.  In other words the power of attorney will not be affected by subsequent incapacity or disability of the principal or similar words showing that the authority conferred shall be exercisable notwithstanding the principal’s disability.  If the exercise of the power authorized to a principal’s agent or attorney in fact requires execution and delivery of any instrument which requires recordation, then power or continuing affidavit is recordable.

Inside Iowa Durable Power of Attorney