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Power of Attorney in Iowa: The Notary Rule, the Statutory Form, and How to Get One
An Iowa power of attorney must be acknowledged before a notary, and it's durable unless it says otherwise. Here is what Iowa Code chapter 633B requires and how to set one up.
By naveen · Updated · How we research our guides
What to know
- An Iowa power of attorney must be signed by your parent and acknowledged before a notary, and the agent can't be the notary (Iowa Code 633B.105).
- It's durable by default and takes effect when signed, unless it names a later date or event such as incapacity.
- The statute includes a free statutory form, and some powers, such as gifts and beneficiary changes, need an express grant.
- A bank presented with a notarized power of attorney must accept it, or ask for a certification, within seven business days.
- Retirement Checklist turns your parent's situation into a short, ordered plan, so the power of attorney sits in the right place among everything else.
An Iowa power of attorney is valid when your parent signs it and acknowledges it before a notary who isn't the agent, under the Iowa Uniform Power of Attorney Act, Iowa Code chapter 633B. The act applies to powers of attorney "created before, on, or after July 1, 2014." Under Iowa Code 633B.105, "A power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments." That section doesn't add a witness requirement.
What is a durable power of attorney in Iowa?
It's a document in which your parent (the principal) names an agent to handle property and finances. Durability is the default: "A power of attorney created under this chapter is durable unless the power of attorney expressly provides that it is terminated by the incapacity of the principal" (Iowa Code 633B.104).
It doesn't cover medical decisions. The statutory form tells your parent, "This power of attorney does not authorize the agent to make health care decisions for you." For the timing questions with an aging parent, see our guide to power of attorney for an elderly parent.
What does Iowa require for a power of attorney to be valid?
Iowa requires your parent's signature and a notary's acknowledgment, and Iowa Code 633B.105 adds no witness requirement.
| Requirement | What Iowa Code 633B.105 says |
|---|---|
| Signature | Signed by your parent, or by another person in your parent's conscious presence at their direction, who isn't a prospective agent |
| Notary | Acknowledged before a notary public or other person authorized to take acknowledgments |
| Who can't notarize | The agent named in the power of attorney |
| Witnesses | None required by this section |
"An acknowledged signature on a power of attorney is presumed to be genuine." Iowa's notary law adds that a notary can't notarize a record to which the notary or the notary's spouse is a party, or in which either has a direct beneficial interest; a notarization that breaks this rule is voidable (Iowa Code 9B.4).
A power of attorney signed in Iowa before July 1, 2014, is valid if it met Iowa law at the time it was signed.
Is there an official Iowa power of attorney form?
Yes. Iowa Code 633B.301 prints the "IOWA STATUTORY POWER OF ATTORNEY FORM" and says "A document substantially in the following form may be used to create a statutory power of attorney that has the meaning and effect prescribed by this chapter." Your parent initials the subjects the agent can handle, such as real property, banks, retirement plans and taxes, or initials "All Preceding Subjects." The form also names successor agents, can nominate a conservator and guardian, and ends with a notary's acknowledgment and a page of instructions for the agent.
Some powers must be granted expressly. Under 633B.201, an agent can create or change a trust, make a gift, create or change rights of survivorship or a beneficiary designation, delegate authority or disclaim property "only if the power of attorney expressly grants the agent the authority." The form warns that granting these "will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death." An agent who isn't your parent's ancestor, spouse or descendant can't use these powers to benefit themselves unless the document allows it.
When does it take effect, and when does it end?
"A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency" (Iowa Code 633B.109). If it starts on incapacity and your parent didn't name someone to decide that, a licensed physician or licensed psychologist, or a judge or appropriate government official, makes the determination in writing.
It ends when your parent dies or revokes it, when its purpose is accomplished, or when it says it ends. Divorce matters: an agent's authority ends when "An action is filed for the dissolution or annulment of the agent's marriage to the principal or for their legal separation, unless the power of attorney otherwise provides" (633B.110). It also ends if "The agent is named as having abused the principal in a founded dependent adult abuse report," or is convicted of dependent adult abuse of your parent.
If a court later appoints a conservator, the power of attorney is suspended unless it says otherwise or the court decides it should continue.
What does the agent have to do?
Under 633B.114, whatever the document says, an agent who has accepted must act "In good faith," "Only within the scope of authority granted in the power of attorney," and according to your parent's reasonable expectations as far as the agent knows them, otherwise in your parent's best interest. Unless the document says otherwise, the agent must also act loyally, avoid conflicts, act with care and "Keep a record of all receipts, disbursements, and transactions made on behalf of the principal."
If a court, your parent, a conservator or a protective government agency asks for those records, the agent has 30 days to provide them or explain in writing why more time is needed, and the extension can't exceed 30 days. An individual agent is reimbursed for expenses but isn't paid unless the document provides for it. Our guide to protecting a parent from scams covers the warning signs any agent should know.
Do banks have to accept an Iowa power of attorney?
Yes, a notarized one, within set deadlines unless a statutory exception applies. Under Iowa Code 633B.120, "A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, no later than seven business days after presentation of the power of attorney for acceptance." After receiving what they asked for, they must accept within five business days, and "A person shall not require an additional or different form of power of attorney" unless an exception applies.
The exceptions include actual knowledge that the authority has ended, a good-faith belief the document isn't valid or the agent lacks authority, and a report to the Department of Health and Human Services about suspected abuse or exploitation by the agent. A wrongful refusal can bring a court order to accept it and liability for damages and attorney fees, if the action is brought within one year of the first request. Other laws that apply to financial institutions control where they conflict with chapter 633B.
Does an Iowa power of attorney need to be recorded?
No. Neither Iowa Code chapter 633B nor chapter 558 requires recording a power of attorney before an agent signs a deed. General authority over real property lets the agent sell, mortgage and release your parent's homestead rights, and Iowa Code 558.36 lets an agent acknowledge a deed or mortgage they sign as attorney in fact. If your parent owns real estate, the closing attorney or county recorder can say what they will need for a particular transaction.
How do you get a power of attorney for an elderly parent in Iowa?
Your parent makes it, by signing it (or directing someone other than a prospective agent to sign in their presence) and acknowledging it before a notary. The steps:
- Talk with your parent about who they'd want acting for them, and who should succeed that person.
- Choose a document, such as the statutory form or one drafted by an attorney.
- Go through the subjects with your parent, including any gifts or beneficiary changes that need an express grant.
- Your parent signs in front of a notary who isn't the agent.
- Give the agent a copy and keep the original somewhere safe.
Timing is the constraint: your parent has to be able to sign. If that moment has passed, the family may need a court process instead, described in conservatorship and guardianship. For help with the choices, see what an elder law attorney does.
How do you revoke a power of attorney in Iowa?
Your parent revokes it; chapter 633B lists revocation as a way a power of attorney ends but doesn't set a method. A person who acts in good faith without actual knowledge that it was revoked is protected, so telling the agent, the bank and anyone else holding a copy matters.
Iowa also revokes older documents automatically. Under 633B.110(6), signing a new general power of attorney revokes all general powers of attorney your parent signed earlier in Iowa, though not one limited to a specific transaction that is still underway.
How much does a power of attorney cost in Iowa?
The statutory form costs nothing. Iowa Code chapter 9B sets no maximum notary fee, and the Iowa Secretary of State's notary handbook says "A notary in Iowa may charge a reasonable fee for the notary's services." None of these sources sets an attorney's fee for drafting a power of attorney.
Frequently asked questions
Does a power of attorney need to be notarized in Iowa?
Yes. Under Iowa Code 633B.105, a power of attorney must be acknowledged before a notary public or another official authorized to take acknowledgments. The agent named in the document can't notarize your parent's signature. A notarized signature is presumed genuine, and banks must respond to a notarized power of attorney within seven business days.
Does an Iowa power of attorney need witnesses?
Section 633B.105 requires your parent's signature and a notary's acknowledgment, not witnesses. A health care power of attorney is different: it needs two qualified witnesses or an Iowa notarial officer under chapter 144B. Our guide to Iowa's medical power of attorney explains those rules.
Where can I get an Iowa power of attorney form?
The Iowa Statutory Power of Attorney Form is printed in Iowa Code 633B.301 on the Iowa Legislature's website. A document substantially like it has the meaning the chapter gives it. An attorney can also prepare one. Either way, your parent signs before a notary who isn't the agent.
Can an Iowa power of attorney make medical decisions?
Not a financial one. The statutory form says it "does not authorize the agent to make health care decisions." Iowa handles medical decisions through a durable power of attorney for health care under chapter 144B. See our Iowa medical power of attorney guide.
Is a power of attorney from another state valid in Iowa?
Yes, if it complied with the law of the state that governs it when signed, or with the federal requirements for a military power of attorney (Iowa Code 633B.106). The governing state is the one named in the document, or if none is named, the state where it was signed.
What if my elderly parent can no longer sign?
A power of attorney needs your parent's signature or direction while they can still give it. Someone else may sign for them in their conscious presence, at their direction, but not a prospective agent. If your parent can no longer direct it, the family may need to ask a court about a conservatorship or guardianship.
Getting started
A power of attorney is time-sensitive, because it needs your parent's signature while they can still give it, and in Iowa it also needs a notary. The plan this site builds asks four questions, including which state your parents live in, and puts the handful of steps that matter most for your family in order. It's free and takes about 90 seconds.
Related guides
Sources
- Iowa Code chapter 633B, Iowa Uniform Power of Attorney Act: durability (633B.104), execution (633B.105), validity (633B.106), effective date (633B.109), termination (633B.110), duties (633B.114), acceptance (633B.119, 633B.120), express grants (633B.201) and the statutory form (633B.301).
- Iowa Code chapter 9B, Notarial acts: notary conflicts of interest (9B.4).
- Iowa Code chapter 558, Conveyances: acknowledgment by an attorney in fact (558.36).
- Iowa Secretary of State, Handbook for Iowa Notaries Public: notary fees.
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