633B.201 Authority — specific and general.
1. An agent under a power of attorney may do any of the following on behalf of the principal or with the principal’s property only if the power of attorney expressly grants the agent the authority and the exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:
a. Create, amend, revoke, or terminate an inter vivos trust.
b. Make a gift.
c. Create or change rights of survivorship.
d. Create or change a beneficiary designation.
e. Delegate authority granted under the power of attorney.
f. Waive the principal’s right to be a beneficiary of a joint and survivor annuity, including but not limited to a survivor benefit under a retirement plan.
g. Exercise fiduciary powers that the principal has authority to delegate.
h. Disclaim property, including but not limited to a power of appointment.
i. Exercise all rights and powers granted to an agent under chapter 638.
2. Notwithstanding a grant of authority to do an act described in subsection 1, unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal shall not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal’s property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.
3. Subject to subsections 1, 2, 4, and 5, if a power of attorney grants an agent authority to do all acts that a principal could do, the agent has the general authority described in sections 633B.204 through 633B.216.
4. Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to section 633B.217.
5. Subject to subsections 1, 2, and 4, if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.
6. Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.
7. An act performed by an agent pursuant to a power of attorney has the same effect and inures to the benefit of and binds the principal and the principal’s successors in interest as if the principal had performed the act.
2014 Acts, ch 1078, §26; 2017 Acts, ch 79, §3
Referred to in §633B.203, 633B.204, 633B.205, 633B.206, 633B.207, 633B.208, 633B.209, 633B.210, 633B.212, 633B.213
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.