633B.204 Real property.
Unless the power of attorney otherwise provides and subject to section 633B.201, language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following:
1. Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property.
2. Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; be subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property, including the transfer or release of any and all of the principal’s homestead rights under section 561.13 and chapter 597.
3. Pledge or mortgage an interest in real property or a right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal, including the transfer or release of any and all of the principal’s homestead rights under section 561.13 and chapter 597.
4. Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted.
5. Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including but not limited to by doing all of the following:
a. Insuring against liability or casualty or other loss.
b. Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise.
c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them.
d. Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property.
6. Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right.
7. Participate in a reorganization with respect to real property or an entity that owns an interest in or a right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including by doing any of the following:
a. By selling or otherwise disposing of the stocks, bonds, or other property.
b. By exercising or selling an option, right of conversion, or similar right.
c. By exercising any voting rights in person or by proxy.
8. Change the form of title of an interest in or right incident to real property.
9. Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
10. Relinquish any and all of the principal’s rights of dower, homestead, and elective share.
2014 Acts, ch 1078, §29; 2015 Acts, ch 29, §109; 2016 Acts, ch 1088, §5, 8, 9; 2018 Acts, ch 1030, §1, 2
Referred to in §633B.201, 633B.202, 633B.203
2016 amendment takes effect April 13, 2016, and applies retroactively to July 1, 2014;
2016 Acts, ch 1088, §8, 9
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.