reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.118 - Agent’s resignation — notice.

633B.118 Agent’s resignation — notice.
Unless the power of attorney provides for a different method for an agent’s resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated, to any of the following:
1. The conservator or guardian, if a conservator or guardian has been appointed for the principal, and any coagent or successor agent.
2. If there is no conservator, guardian, or coagent or successor agent, the agent may give notice to any of the following:
a. The principal’s caregiver, including but not limited to a caretaker as defined in section 235B.2 or 235E.1.
b. Any other person reasonably believed by the agent to have sufficient interest in the principal’s welfare.
c. A governmental agency having regulatory authority to protect the welfare of the principal.
2014 Acts, ch 1078, §20
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.119 - Acknowledged power of attorney — acceptance and reliance.

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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.120 - Refusal to accept acknowledged power of attorney — liability.

633B.120 Refusal to accept acknowledged power of attorney — liability.
1. Except as otherwise provided in subsection 2, all of the following shall apply to a person’s actions regarding an acknowledged power of attorney:
a. A person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, no later than seven business days after presentation of the power of attorney for acceptance.
b. If a person requests a certification, a translation, or an opinion of counsel under section 633B.199, subsection 4, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel.
c. A person shall not require an additional or different form of power of attorney for authority granted in the power of attorney presented unless an exception in subsection 2 applies.
2. A person is not required to accept an acknowledged power of attorney if any of the following occurs:
a. The person is not otherwise required to engage in a transaction with the principal in the same circumstances.
b. Engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law.
c. The person has actual knowledge of the termination of the agent’s authority or of the power of attorney before exercise of the power.
d. A request for a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, is refused.
e. The person in good faith believes that the power of attorney is not valid or that the agent does not have the authority to perform the act requested, or that the power of attorney does not comply with federal or state law or regulations, whether or not a certification, a translation, or an opinion of counsel under section 633B.119, subsection 4, has been requested or provided.
f. The person makes, or has actual knowledge that another person has made, a report to the department of human services stating a good-faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.
3. A person that refuses to accept an acknowledged power of attorney in violation of this section is subject to both of the following:
a. A court order mandating acceptance of the power of attorney.
b. Liability for damages sustained by the principal and reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney, provided that any such action must be brought within one year of the initial request for acceptance of the power of attorney.
2014 Acts, ch 1078, §22; 2016 Acts, ch 1088, §4, 8, 9
Referred to in §633B.119
2016 amendment takes effect April 13, 2016, and applies retroactively to July 1, 2014;
2016 Acts, ch 1088, §8, 9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.122 - Laws applicable to financial institutions and entities.

633B.122 Laws applicable to financial institutions and entities.
This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.
2014 Acts, ch 1078, §24
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.123 - Remedies under other law.

633B.123 Remedies under other law.
The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.
2014 Acts, ch 1078, §25
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.201 - Authority — specific and general.

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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.202 - Incorporation of authority.

633B.202 Incorporation of authority.
1. An agent has authority described in this chapter if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in sections 633B.204 through 633B.217 or cites the section in which the authority is described.
2. A reference in a power of attorney to general authority with respect to the descriptive term for a subject stated in sections 633B.204 through 633B.217 or a citation to a section in sections 633B.204 through 633B.217 incorporates the entire section as if it were set out in full in the power of attorney.
3. A principal may modify authority incorporated by reference.
2014 Acts, ch 1078, §27
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.203 - Construction of authority generally.

633B.203 Construction of authority generally.
Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in sections 633B.204 through 633B.217 or that grants an agent authority to do all acts that a principal could do pursuant to section 633B.201, subsection 3, a principal authorizes the agent, with respect to that subject, to do all of the following:
1. Demand, receive, and obtain by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended.
2. Contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal.
3. Execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including but not limited to creating at any time a schedule listing some or all of the principal’s property and attaching the instrument or communication to the power of attorney.
4. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim.
5. Seek on the principal’s behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney.
6. Engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor.
7. Prepare, execute, and file a record, report, or other document to safeguard or promote the principal’s interest under a statute, rule, or regulation.
8. Communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality, on behalf of the principal.
9. Access communications intended for, and communicate on behalf of, the principal, whether by mail, electronic transmission, telephone, or other means.
10. Do any lawful act with respect to the subject and all property related to the subject.
2014 Acts, ch 1078, §28; 2015 Acts, ch 30, §183
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.205 - Tangible personal property.

633B.205 Tangible personal 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 tangible personal property authorizes the agent to do all of the following:
1. Demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property.
2. Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property.
3. Grant a security interest in tangible personal property or an interest in tangible personal 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.
4. Release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property.
5. Manage or conserve tangible personal property or an interest in tangible personal property on behalf of 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 property or interest, by litigation or otherwise.
c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments.
d. Moving the property from place to place.
e. Storing the property for hire or on a gratuitous bailment.
f. Using and making repairs, alterations, or improvements to the property.
6. Change the form of title of an interest in tangible personal property.
2014 Acts, ch 1078, §30; 2015 Acts, ch 30, §184, 185
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.206 - Stocks and bonds.

633B.206 Stocks and bonds.
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 stocks and bonds authorizes the agent to do all of the following:
1. Buy, sell, and exchange stocks and bonds.
2. Establish, continue, modify, or terminate an account with respect to stocks and bonds.
3. Pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal.
4. Receive certificates and other evidence of ownership with respect to stocks and bonds.
5. Exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.
2014 Acts, ch 1078, §31
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.207 - Commodities and options.

633B.207 Commodities and options.
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 commodities and options authorizes the agent to do all of the following:
1. Buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange.
2. Establish, continue, modify, and terminate option accounts.
2014 Acts, ch 1078, §32
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.208 - Banks and other financial institutions.

633B.208 Banks and other financial institutions.
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 banks and other financial institutions authorizes the agent to do all of the following:
1. Continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal.
2. Establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent.
3. Contract for services available from a financial institution, including but not limited to renting a safe deposit box or space in a vault.
4. Withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution.
5. Receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them.
6. Enter a safe deposit box or vault and withdraw or add to the contents.
7. Borrow money and pledge as security personal property of the principal necessary 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.
8. Make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal’s order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay the promissory note, check, draft, or other negotiable or nonnegotiable paper when due.
9. Receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or any other negotiable or nonnegotiable instrument.
10. Apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler’s checks from a financial institution and give an indemnity or other agreement in connection with letters of credit.
11. Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.
2014 Acts, ch 1078, §33
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.210 - Insurance and annuities.

633B.210 Insurance and annuities.
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 insurance and annuities authorizes the agent to do all of the following:
1. Continue, pay the premium or make a contribution on, or modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal which insures or provides an annuity to either the principal or another person whether or not the principal is a beneficiary under the contract.
2. Procure new, different, and additional contracts of insurance and annuities for the principal and the principal’s spouse, children, and other dependents, and select the amount, type of insurance or annuity, and mode of payment.
3. Pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent.
4. Apply for and receive a loan secured by a contract of insurance or annuity.
5. Surrender and receive the cash surrender value on a contract of insurance or annuity.
6. Exercise an election.
7. Exercise investment powers available under a contract of insurance or annuity.
8. Change the manner of paying premiums on a contract of insurance or annuity.
9. Change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section.
10. Apply for and procure a benefit or assistance under a statute, rule, or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal.
11. Collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity.
12. Select the form and timing of the payment of proceeds from a contract of insurance or annuity.
13. Pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.
2014 Acts, ch 1078, §35; 2015 Acts, ch 29, §110
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.211 - Estates, trusts, and other beneficial interests.

633B.211 Estates, trusts, and other beneficial interests.
1. In this section, “estate, trust, or other beneficial interest” means a trust, probate estate, guardianship, conservatorship, escrow, or custodianship, or a fund from which the principal is, may become, or claims to be, entitled to a share or payment.
2. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to do all of the following:
a. Accept, receive, provide a receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest.
b. Demand or obtain money or another thing of value to which the principal is, may become, or claims to be, entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise.
c. Exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal.
d. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal.
e. Initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary.
f. Conserve, invest, disburse, or use any assets received for an authorized purpose.
g. Transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor.
2014 Acts, ch 1078, §36; 2016 Acts, ch 1088, §6, 8, 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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.212 - Claims and litigation.

633B.212 Claims and litigation.
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 claims and litigation authorizes the agent to do all of the following:
1. Assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including but not limited to an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief.
2. Bring an action to determine adverse claims or intervene or otherwise participate in litigation.
3. Seek an attachment, garnishment, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree.
4. Make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation.
5. Submit to alternative dispute resolution, or settle, propose, or accept a compromise.
6. Waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal’s behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation.
7. Act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee which affects an interest of the principal in property or other thing of value.
8. Pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation.
9. Receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.
2014 Acts, ch 1078, §37
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.214 - Benefits from governmental programs or civil or military service.

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
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.215 - Retirement plans.

633B.215 Retirement plans.
1. In this section, “retirement plan” means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation in which the principal is a participant, beneficiary, or owner, including but not limited to a plan or account under the following sections of the Internal Revenue Code:
a. An individual retirement account in accordance with section 408.
b. A Roth individual retirement account established under section 408A.
c. A deemed individual retirement account under section 408(q).
d. An annuity or mutual fund custodial account under section 403(b).
e. A pension, profit-sharing, stock bonus, or other retirement plan qualified under section 401(a).
f. An eligible deferred compensation plan under section 457(b).
g. A nonqualified deferred compensation plan under section 409A.
2. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to do all of the following:
a. Select the form and timing of payments under a retirement plan and withdraw benefits from a plan.
b. Make a rollover, including a direct trustee-to-trustee rollover of benefits from one retirement plan to another.
c. Establish a retirement plan in the principal’s name.
d. Make contributions to a retirement plan.
e. Exercise investment powers available under a retirement plan.
f. Borrow from, sell assets to, or purchase assets from a retirement plan.
2014 Acts, ch 1078, §40
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.216 - Taxes.

633B.216 Taxes.
Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to do all of the following:
1. Prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act returns and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including but not limited to consents and agreements under section 2032A of the Internal Revenue Code, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run.
2. Pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority.
3. Exercise any election available to the principal under federal, state, local, or foreign tax law.
4. Act for the principal in all tax matters for all periods before the Internal Revenue Service or any other taxing authority.
2014 Acts, ch 1078, §41
Referred to in §633B.201, 633B.202, 633B.203
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.217 - Gifts.

633B.217 Gifts.
1. In this section, a gift “for the benefit of” a person includes a gift to a trust, an account under a uniform transfers to minors Act, and a qualified state tuition program exempt from taxation pursuant to section 529 of the Internal Revenue Code.
2. Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to do all of the following:
a. Make a gift of any of the principal’s property outright to, or for the benefit of, a person, including but not limited to by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under section 2503(b) of the Internal Revenue Code without regard to whether the federal gift tax exclusion applies to the gift or if the principal’s spouse agrees to consent to a split gift pursuant to section 2513 of the Internal Revenue Code in an amount per donee not to exceed twice the annual federal gift tax exclusion limit.
b. Consent to the splitting of a gift made by the principal’s spouse pursuant to section 2513 of the Internal Revenue Code in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.
3. An agent may make a gift of the principal’s property only as the agent determines is consistent with the principal’s objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal’s best interest based on all relevant factors, including but not limited to all of the following:
a. The value and nature of the principal’s property.
b. The principal’s foreseeable obligations and need for maintenance.
c. The minimization of taxes, including but not limited to income, estate, inheritance, generation-skipping transfer, and gift taxes.
d. Eligibility for a benefit, a program, or assistance under a statute, rule, or regulation.
e. The principal’s personal history of making or joining in making gifts.
2014 Acts, ch 1078, §42
Referred to in §633B.201, 633B.202, 633B.203, 633B.301
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.302 - Agent’s certification — optional form.

633B.302 Agent’s certification — optional form.
The following optional form may be used by an agent to certify facts concerning a power of attorney:
IOWA STATUTORY POWER OF ATTORNEY AGENT’S CERTIFICATION FORM
AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY
State of _________________________
County of ______________________
I, ______________________________ (name of agent), certify under penalty of perjury that ______________________________ (name of principal) granted me authority as an agent or successor agent in a power of attorney dated _____________________.
I further certify all of the following to my knowledge:
The principal is alive and has not revoked the power of attorney or the power of attorney and my authority to act under the power of attorney have not terminated.
If the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred.
If I was named as a successor agent, the prior agent is no longer able or willing to serve.
__________________________________________________________
__________________________________________________________
__________________________________________________________.
(Insert other relevant statements)
SIGNATURE AND ACKNOWLEDGMENT
_____________________________ _________________________
Agent’s Signature Date
_____________________________
Agent’s Name Printed
_____________________________
_____________________________
Agent’s Address
_____________________________
Agent’s Telephone Number
This document was acknowledged before me on _______________ (date), by __________________________ (name of agent)
_____________________________ (Seal, if any)
Signature of Notary
My commission expires ________________
This document prepared by
___________________________________________________________
___________________________________________________________
2014 Acts, ch 1078, §44; 2015 Acts, ch 29, §111
Referred to in §633B.119, 638.9
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.401 - Uniformity of application and construction.

633B.401 Uniformity of application and construction.
In applying and construing this chapter, consideration shall be given to the need to promote uniformity of the law with respect to the subject matter of this chapter among states that enact the uniform power of attorney Act.
2014 Acts, ch 1078, §45
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.402 - Relation to Electronic Signatures in Global and National Commerce Act.

633B.402 Relation to Electronic Signatures in Global and National Commerce Act.
This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §7001 et seq., but does not modify, limit, or supersede section 101(c) of that Act, 15 U.S.C. §7001(c), or authorize electronic delivery of any of the notices described in section 103(b) of that Act, 15 U.S.C. §7003(b).
2014 Acts, ch 1078, §46
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.403 - Effect on existing powers of attorney.

633B.403 Effect on existing powers of attorney.
Except as otherwise provided in this chapter:
1. This chapter applies to a power of attorney created before, on, or after July 1, 2014.
2. This chapter applies to all judicial proceedings concerning a power of attorney commenced on or after July 1, 2014.
3. This chapter applies to all judicial proceedings concerning a power of attorney commenced before July 1, 2014, including but not limited to proceedings pursuant to section 633B.116, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the proceedings or the rights of the parties or other interested persons. In that case, the provision does not apply and the court shall apply prior law.
4. An act completed before July 1, 2014, shall not be affected by this chapter.
2014 Acts, ch 1078, §47
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633C - MEDICAL ASSISTANCE TRUSTS › Section 633C.2 - Disposition of medical assistance special needs trusts.

633C.2 Disposition of medical assistance special needs trusts.
Any income or assets added to or received by and any income or principal retained in a medical assistance special needs trust shall be used in accordance with a standard that is no more restrictive than specified under federal law. All distributions from a medical assistance special needs trust shall be for the sole benefit of the beneficiary to enhance the quality of life of the beneficiary, and the trustee shall have sole discretion regarding such disbursements to ensure compliance with beneficiary eligibility requirements. Any funds retained in the medical assistance special needs trust of a beneficiary who is also a designated beneficiary as defined in section 12I.1 may be transferred to the Iowa ABLE savings plan trust account of the designated beneficiary in accordance with this chapter and chapter 12I. Any distinct disbursement in excess of one thousand dollars shall be subject to review by the district court sitting in probate. The department shall adopt rules pursuant to chapter 17A for the establishment and disposition of medical assistance special needs trusts in accordance with this section.
94 Acts, ch 1120, §4
C95, §633.708
95 Acts, ch 68, §8; 2005 Acts, ch 38, §53, 55
CS2005, §633C.2
2015 Acts, ch 137, §119, 162, 163; 2021 Acts, ch 136, §8
Referred to in §249A.3, 633C.4, 633C.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633C - MEDICAL ASSISTANCE TRUSTS › Section 633C.4 - Other powers of trustees.

633C.4 Other powers of trustees.
1. Sections 633C.2 and 633C.3 shall not be construed to limit the authority of the trustees to invest, sell, or otherwise manage property held in trust.
2. The trustee of a medical assistance income trust or a medical assistance special needs trust is a fiduciary for purposes of chapter 633A and, in the exercise of the trustee’s fiduciary duties, the state shall be considered a beneficiary of the trust. Regardless of the terms of the trust, the trustee shall not take any action that is not prudent in light of the state’s interest in the trust. Notwithstanding any provision of chapter 633A to the contrary, the trustee of a medical assistance special needs trust shall be subject to the jurisdiction of the district court sitting in probate and shall submit an accounting of the disposition of the trust to the district court sitting in probate on an annual basis.
94 Acts, ch 1120, §6
C2005, §633.710
2005 Acts, ch 38, §53, 55
CS2005, §633C.4
2006 Acts, ch 1030, §78; 2015 Acts, ch 137, §120, 162, 163
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633C - MEDICAL ASSISTANCE TRUSTS › Section 633C.5 - Cooperation.

633C.5 Cooperation.
1. The department of human services shall cooperate with the trustee of a medical assistance special needs trust or a medical assistance income trust in determining the appropriate disposition of the trust under sections 633C.2 and 633C.3.
2. The trustee of a medical assistance special needs trust or medical assistance income trust shall cooperate with the department of human services in supplying information regarding a trust established under this chapter.
94 Acts, ch 1120, §7
C2005, §633.711
2005 Acts, ch 38, §52, 53, 55
CS2005, §633C.5
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.1 - Short title — rules of construction.

633D.1 Short title — rules of construction.
1. This chapter shall be known and may be cited as the uniform transfer on death security registration Act.
2. The provisions of this chapter shall be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of its provisions among states enacting this uniform Act.
3. Unless displaced by the particular provisions of this chapter, the principles of law and equity supplement the provisions of this chapter.
97 Acts, ch 178, §17
CS97, §633.800
2005 Acts, ch 38, §52, 53
CS2005, §633D.1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.2 - Definitions.

633D.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Beneficiary form” means a registration of a security which indicates the present owner of the security and the intention of the owner regarding the person who will become the owner of the security upon the death of the owner.
2. “Devisee” means any person designated in a will to receive a disposition of real or personal property.
3. “Heir” means a person, including the surviving spouse, who is entitled under the statutes of intestate succession to the property of a decedent.
4. “Register” means to issue a certificate showing the ownership of a certificated security or, in the case of an uncertificated security, to initiate or transfer an account showing ownership of the security.
5. “Registering entity” means a person who originates or transfers a security title by registration, including a broker maintaining security accounts for customers and a transfer agent or other person acting for or as an issuer of securities.
6. “Security” means a security as defined in section 502.102. For purposes of this chapter, “security” includes, but is not limited to, a certificated security, an uncertificated security, and a security account.
7. “Security account” means any of the following:
a. Any of the following:
(1) A reinvestment account associated with a security.
(2) A securities account with a broker.
(3) A cash balance in a brokerage account.
(4) Cash, interest, earnings, or dividends earned or declared on a security in an account, a reinvestment account, or a brokerage account, whether or not credited to the account before the owner’s death.
b. A cash balance or other property held for or due to the owner of a security as a replacement for or product of an account security, whether or not credited to the account before the owner’s death.
c. An investment management or custody account with a bank, trust company, or a trust division of a bank with trust powers, including the securities in the account, cash balance in the account, cash, cash equivalents, interest, earnings, and dividends earned or declared on a security in the account whether or not credited to the account before the owner’s death. For purposes of this paragraph, “bank” means an entity as defined in section 12C.1.
8. “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States.
97 Acts, ch 178, §18
CS97, §633.801
2000 Acts, ch 1147, §33; 2002 Acts, ch 1002, §2; 2005 Acts, ch 38, §52, 53
CS2005, §633D.2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.3 - Registration in beneficiary form — sole or joint tenancy ownership.

633D.3 Registration in beneficiary form — sole or joint tenancy ownership.
Only an individual whose registration of a security shows sole ownership by one individual or multiple ownership by two or more individuals with a right of survivorship, rather than as tenants in common, may obtain registration in beneficiary form. Multiple owners of a security registered in beneficiary form shall hold as joint tenants with rights of survivorship, tenants by the entireties, or owners of community property held in survivorship form and not as tenants in common.
97 Acts, ch 178, §19
CS97, §633.802
2005 Acts, ch 38, §53
CS2005, §633D.3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633D - TRANSFER ON DEATH SECURITY REGISTRATION › Section 633D.4 - Registration in beneficiary form — applicable law.

633D.4 Registration in beneficiary form — applicable law.
1. A security may be registered in beneficiary form if the form is authorized by this chapter or a similar statute of the state of any of the following:
a. The state of organization of the issuer or registering entity.
b. The state of location of the registering entity’s principal office.
c. The state of location of the office of the entity’s transfer agent or the office of the entity making the registration.
d. The state of the address listed as the owner’s at the time of registration.
2. A registration governed by the law of a jurisdiction in which this chapter or a similar statute is not in force or was not in force when a registration in beneficiary form was made is presumed to be valid and authorized as a matter of contract law.
97 Acts, ch 178, §20
CS97, §633.803
2005 Acts, ch 38, §52, 53
CS2005, §633D.4