Iowa General Durable Power of Attorney Law

Power of Attorney and Health Care – General – Iowa

All acts done by an attorney-in-fact pursuant to a durable power of attorney during any period of disability or incapacity of the principal have the same effect and inure to the benefit of and by the principal, and the principal’s successors in interest, as if the principal were competent and not disabled.

The appointment of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person terminates all powers of attorney the extent that the powers held by the attorney-in-fact prior to the appointment of a guardian or other fiduciary are granted to the guardian or other fiduciary. A person or entity serving as attorney-in-fact may, upon request and absent cause to the contrary, be appointed the guardian or other fiduciary of the principal.

After the appointment of a guardian or other fiduciary charged with the management of the principal’s property or the care of the principal’s person, an attorney-in-fact is accountable to the guardian or other fiduciary as well as to principal as to any powers which the attorney-in-fact continues to hold. A guardian or other fiduciary has the power to revoke or amend the powers of the attorney-in-fact as given to such guardian or other fiduciary by the court.

The death, disability or incapacity of a principal who has executed a written power of attorney, durable or otherwise, does not revoke nor terminate the agency as to the attorney-in-fact, or other person who, without actual knowledge of the death, disability, or incapacity of a principal, acts in good faith under the power. Any action so taken, unless otherwise invalid or unenforceable, binds the successors in interest of the principal.

1. Whenever a principal designates another the principal’s attorney in fact or agent by a power of attorney in writing and the writing contains the words “This power of attorney shall not be affected by disability of the principal”, or “This power of attorney shall become effective upon the disability of the principal”, or similar words showing the intent of the principal that the authority conferred shall be exercisable notwithstanding the principal’s disability, the authority of the attorney in fact or agent is exercisable as provided in the power on behalf of the principal notwithstanding later disability or incapacity of the principal or later uncertainty as to whether the principal is dead or alive. All acts done by the attorney in fact or agent pursuant to the power during any period of disability or incompetence or uncertainty as to whether the principal is dead or alive have the same effect and inure to the benefit of and bind the principal and the principal’s heirs, devisees and personal representatives as if the principal were alive, competent and not disabled. If a conservator thereafter is appointed for the principal, the attorney in fact or agent, during the continuance of the appointment, shall account to the conservator rather than the principal, and the conservator shall have the power to revoke the power of attorney on behalf of the principal.

2. An affidavit, executed by the attorney in fact or agent stating that the attorney in fact or agent did not have, at the time of doing an act pursuant to the power of attorney, actual knowledge of the revocation or termination of the power of attorney by death or by the act of the principal, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. If the exercise of the power requires execution and delivery of any instrument which is recordable, the affidavit when properly acknowledged is also recordable.

Note: All Information and Previews are subject to the Disclaimer located on the main forms page, and also linked at the bottom of all search results.

 


Inside Iowa General Durable Power of Attorney Law