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Sample Iowa Power of Attorney
Iowa Power of Attorney Form
Who would you entrust the power to transact in your place should you be incapacitated? Do you trust them wholly, even without a written and signed documentation showing that you both agree to honor your words, even when the wishes of the other displease you? We thought so.
Like, you most people have trust issues, which are inherent and valid, and it makes sense to trust that someone will keep their word only if you have the agreement in writing. This is where power of attorney comes in.
A power of attorney, also called a POA or a letter of authority refers to a legally recognized and binding document that you use to grant another person authority over your affairs. You can use a POA to give someone the power to make medical decisions, as you would, in the event of your incapacitation. You could also use it to authorize someone else to transact and trade in stocks on your behalf.
With the responsibilities that the POA bestows on the trusted party, you will have to follow all the legal channels to avoid misappropriation or making of bad choices to please the other party.
In the free Iowa power of attorney form that you’ll fill out, you’ll note that the law recognizes you as the principal and the party you wish to name as the person to act on your behalf when you are unable to, the agent, also called an attorney-in-fact.
In your search, you’ll come across more than one type of free power of attorney form in Iowa. The reason for this is that the POA documents are designed to meet the needs of different individuals. Also, the powers in the document warrant action in different scenarios and times, hence the handful of POA forms available.
Types of POA
Iowa Durable Power of Attorney Laws
It comes in two forms; you have the health care durable POA and the financial durable POA.
If you wish to be kept on the ventilator for as long as it takes or if you don’t wish for the doctors to undertake extreme measures to save you when you are a bad state, then you require a durable POA. This legal instrument lets you appoint a member of your family, a friend, or even an organization the power to give the doctors directives as you would have.
In the state of Iowa, the healthcare POA is often created during estate planning, alongside your living will.
This is the legal instrument employed when you wish to give your agent authority over your estate, including your bank account.
Note that the durable powers of attorney are only executable in the event of your incapacitation. Incapacitation could be a coma, or in a medical state you aren’t expected to recover from, and one that takes your ability to communicate your wishes.
Contained in Chapter 144B of the Iowa Code, and under the durable POA are powers and the requirements for the DPOA.
DPOA Legal Requirements in Iowa – what makes the document valid?
It should give the agent explicit authority to act by your authority and on your account. The document should explicitly follow what’s contained in the form sample in Section 144B.5
It should be dated – the date used should be the one for the day the document is created
It should have 2 adults sign the document, other than the agent and yourself. These witnesses should be above 18 years.
An alternative to 2 witnesses is notarization of the document.
DPOA Powers and the Acceptable Life-Sustaining Acts
The health care agent is authorized to consent to and to refuse to give consent or even withdraw consent given for medical procedures and interventions.
Iowa laws give the agent authority over a court-appointed guardian in making healthcare decisions.
If the wishes of the agent regarding life support aren’t known, the agent will have to act in the principal’s best interests, while taking into consideration the medical prognosis and the severity of the condition.
But, the agent cannot refuse to consent to provide hydration or nutrition unless it’s done intravenously.
How to revoke the DPOA
Oral or written communication showing intent to revoke the DPOA
Creation of a new POA will revoke the older POA
A divorce where the spouse had the POA.
If in compliance with the state laws, a DPOA from a different stare is acceptable
An unwilling doctor should transfer patient to willing doctor or facility
And doctors acting in good faith face no liabilities.
Iowa Limited POA Law
If for any reason you wish to grant an agent specific powers over your affairs, then you could use the limited POA to give such authority. The powers are only exercisable when you are not available or when incapacitated.
And, you can take back the powers as you see fit by issuing your agent and affected third parties with a written revocation notice.
Iowa POA For Bank Account Matters Law
A special POA, this document gives your agent authority to transact on your account. It’s effective only if you are unavailable or incapacitated and you can revoke it by sending a revocation notice to the agent plus third parties acting under the directions of the agent.
So, which POA are you looking for? Fill out our free online power of attorney forms today from any city in the state of Iowa including Des Moines, Cedar Rapids, Davenport, Sioux City, Iowa City, Waterloo, Ames, West Des Moines or Council Bluffs.
IA Power of Attorney
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