633B.214 Benefits from governmental programs or civil or military service.
1. In this section, “benefits from governmental programs or civil or military service” means any benefit, program, or assistance provided under a statute, rule, or regulation relating to but not limited to social security, Medicare, or Medicaid.
2. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to do all of the following:
a. Execute vouchers in the name of the principal for allowances and reimbursements payable by the United States, a foreign government, or a state or subdivision of a state to the principal, including but not limited to allowances and reimbursements for transportation of the individuals described in section 633B.213, subsection 1, paragraph “a”, and for shipment of the household effects of such individuals.
b. Take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose.
c. Enroll in, apply for, select, reject, change, amend, or discontinue, on the principal’s behalf, a benefit or program.
d. Prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute, rule, or regulation.
e. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute, rule, or regulation.
f. Receive the financial proceeds of a claim described in paragraph “d” and conserve, invest, disburse, or use for a lawful purpose anything so received.
g. Create and fund a medical assistance income trust as defined in section 633C.1 or a trust or device that meets the criteria of 42 U.S.C. §1396p(d)(4)(B)(i)-(ii) that is authorized under the applicable law of another jurisdiction in which the principal is a resident.
2014 Acts, ch 1078, §39; 2016 Acts, ch 1088, §7 – 9
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.