633B.116 Judicial relief.
1. The following persons may petition a court to construe a power of attorney or to review an agent’s conduct:
a. The principal or the agent.
b. A guardian, conservator, or other fiduciary acting for the principal.
c. A person authorized to make health care decisions for the principal.
d. The principal’s spouse, parent, or descendant or an individual who would qualify as a presumptive heir of the principal.
e. A person named as a beneficiary to receive any property, benefit, or contractual right upon the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate.
f. A governmental agency having regulatory authority to protect the welfare of the principal.
g. A person who becomes aware of pending criminal charges of dependent adult abuse against the agent as having abused the principal.
h. A person who becomes aware of an investigation of dependent adult abuse related to the agent as having abused the principal.
i. The principal’s caregiver, including but not limited to a caretaker as defined in section 235B.2 or 235E.1, or another person that demonstrates sufficient interest in the principal’s welfare.
j. A person asked to accept the power of attorney.
k. A person designated by the principal in the power of attorney.
2. Upon motion to dismiss by the principal, the court shall dismiss a petition filed under this section unless the court finds that the principal lacks the capacity to revoke the agent’s authority or the power of attorney.
3. Upon a petition to the court to review an agent’s conduct relating to pending criminal charges of dependent adult abuse or an investigation of dependent adult abuse related to the principal, the court may suspend the agent’s power of attorney and may appoint a guardian ad litem to represent the principal. The guardian ad litem shall be a practicing attorney.
4. The court may award reasonable attorney fees and costs to the prevailing party in a proceeding under this section.
2014 Acts, ch 1078, §18; 2018 Acts, ch 1084, §2, 3
Referred to in §633B.403
Structure Iowa Code
Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES
Chapter 633B - POWERS OF ATTORNEY
Section 633B.1 - When power of attorney not affected by disability.
Section 633B.2 - Other powers of attorney not revoked until notice of death or disability.
Section 633B.102 - Definitions.
Section 633B.103 - Applicability.
Section 633B.104 - Durability of power of attorney.
Section 633B.107 - Meaning and effect.
Section 633B.109 - When power of attorney effective.
Section 633B.110 - Termination — power of attorney or agent authority.
Section 633B.111 - Coagents and successor agents.
Section 633B.112 - Reimbursement and compensation of agent.
Section 633B.113 - Agent’s acceptance.
Section 633B.114 - Agent’s duties.
Section 633B.115 - Exoneration of agent.
Section 633B.116 - Judicial relief.
Section 633B.117 - Agent’s liability.
Section 633B.118 - Agent’s resignation — notice.
Section 633B.119 - Acknowledged power of attorney — acceptance and reliance.
Section 633B.120 - Refusal to accept acknowledged power of attorney — liability.
Section 633B.121 - Principles of law and equity.
Section 633B.122 - Laws applicable to financial institutions and entities.
Section 633B.123 - Remedies under other law.
Section 633B.201 - Authority — specific and general.
Section 633B.202 - Incorporation of authority.
Section 633B.203 - Construction of authority generally.
Section 633B.204 - Real property.
Section 633B.205 - Tangible personal property.
Section 633B.206 - Stocks and bonds.
Section 633B.207 - Commodities and options.
Section 633B.208 - Banks and other financial institutions.
Section 633B.209 - Operation of entity or business.
Section 633B.210 - Insurance and annuities.
Section 633B.211 - Estates, trusts, and other beneficial interests.
Section 633B.212 - Claims and litigation.
Section 633B.213 - Personal and family maintenance.
Section 633B.214 - Benefits from governmental programs or civil or military service.
Section 633B.215 - Retirement plans.
Section 633B.301 - Power of attorney — form.
Section 633B.302 - Agent’s certification — optional form.
Section 633B.401 - Uniformity of application and construction.
Section 633B.402 - Relation to Electronic Signatures in Global and National Commerce Act.