633B.119 Acknowledged power of attorney — acceptance and reliance.
1. For purposes of this section and section 633B.120, “acknowledged” means purportedly verified before a notary public or other individual authorized by law to take acknowledgments.
2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 633B.105 that the signature is genuine.
3. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney was genuine, valid, and still in effect, the agent’s authority was genuine, valid, and still in effect, and the agent had not exceeded and had not improperly exercised the authority.
4. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, all of the following without further investigation:
a. An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney in substantially the same form as set out in section 633B.302.
b. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English.
c. An opinion of agent’s counsel as to any matter of law concerning the power of attorney if the person making the request provides the reason for the request in a writing or other record.
5. An English translation or an opinion of counsel requested under this section shall be provided at the principal’s expense unless the request is made more than ten business days after the power of attorney is presented for acceptance.
6. For purposes of this section and section 633B.120, a person who conducts activities through an employee is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.
2014 Acts, ch 1078, §21
Referred to in §633B.120
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.