reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4805 - Powers of trust protector.

633A.4805 Powers of trust protector.
1. The powers of a trust protector are as provided in the governing instrument and may be exercised or not exercised, in the best interests of the beneficiaries as a class, in the sole and absolute discretion of the trust protector and are binding on all other persons. The powers may include the following:
a. Modify or amend the trust instrument to achieve favorable tax status or respond to changes in the Internal Revenue Code, state law, or the rulings and regulations thereunder.
b. Increase or decrease the interests of any beneficiaries to the trust.
c. Modify the terms of any power of appointment granted by the trust. However, a modification or amendment shall not grant a beneficial interest to any individual or class of individuals not specifically provided for under the trust instrument.
d. Remove and appoint a trustee, trust director, or other person designated in the governing trust instrument.
e. Terminate the trust.
f. Veto or direct trust distributions.
g. Change situs of the trust.
h. Change the governing law of the trust.
i. Appoint a successor trust protector.
j. Interpret terms of the trust instrument at the request of the trustee.
k. Advise the trustee on matters concerning a beneficiary.
l. Amend or modify the trust instrument to take advantage of laws governing restraints on alienation, distribution of trust property, or the administration of the trust.
m. Provide direction regarding notification of qualified beneficiaries pursuant to section 633A.4213.
n. Add to the trust an individual beneficiary or beneficiaries from a class of individuals identified in the governing instrument.
o. Add to the trust a charitable beneficiary or beneficiaries from a class of charities identified in the trust instrument.
p. Provide other powers in the governing instrument.
2. The powers referenced in subsection 1, paragraphs “e”,“f”, and “l”, may be granted notwithstanding the provisions of sections 633A.2201 through 633A.2208.
2020 Acts, ch 1076, §11
Referred to in §633A.4207, 633A.4807
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4806 - Submission to court jurisdiction — effect on trust director or trust protector.

633A.4806 Submission to court jurisdiction — effect on trust director or trust protector.
By accepting an appointment to serve as a trust director or trust protector of a trust that is subject to the laws of this state, the trust director or the trust protector submits to the jurisdiction of the courts of Iowa even if investment advisory agreements or other related agreements provide otherwise. The trust director or trust protector may be made a party to any action or proceeding if a decision or action of the trust director or trust protector affects a trust that is subject to the laws of this state.
2020 Acts, ch 1076, §12
Referred to in §633A.4207
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4807 - Powers of trust protector incorporated by reference in will or trust instrument.

633A.4807 Powers of trust protector incorporated by reference in will or trust instrument.
Any of the powers enumerated in section 633A.4805, as they exist at the time of the signing of a will by a testator or at the time of the signing of a trust instrument by a settlor, may be, by appropriate reference made thereto, incorporated in whole or in part in such will or trust instrument, by a clearly expressed intention of a testator of a will or settlor of a trust instrument.
2020 Acts, ch 1076, §13
Referred to in §633A.4207
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4808 - Investment trust director or distribution trust director provided for in trust instrument.

633A.4808 Investment trust director or distribution trust director provided for in trust instrument.
A trust instrument governed by the laws of this state may provide for a person to act as an investment trust director or a distribution trust director with regard to investment decisions or discretionary distributions, respectively. Unless otherwise provided by the terms of the governing instrument, a person may simultaneously serve as a trust director and a trust protector.
2020 Acts, ch 1076, §14
Referred to in §633A.4207
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4809 - Powers of investment trust director.

633A.4809 Powers of investment trust director.
The powers of an investment trust director shall be provided in the trust instrument and may be exercised or not exercised, in the best interests of the beneficiaries as a class, in the sole and absolute discretion of the investment trust director and are binding on any other person and any other interested party, fiduciary, and excluded fiduciary. Unless the terms of the governing instrument provide otherwise, the investment trust director has the power to do all of the following:
1. Direct the trustee with respect to the retention, purchase, sale, exchange, tender, or other transaction affecting the ownership thereof or rights therein of trust investments. These powers include the pledge or encumbrance of trust property, lending of trust assets, either secured or unsecured, at terms defined by the investment trust director, to any party including beneficiaries of the trust, and the investment and reinvestment of principal and income of the trust.
2. Vote proxies for securities held in trust.
3. Select one or more investment directors, managers, or counselors, including the trustee, and delegate to them any of the investment trust director’s powers.
4. Direct the trustee with respect to any additional powers over investment and management of trust assets provided in the governing instrument.
5. Direct the trustee as to the value of nonpublicly traded trust investments.
6. Direct the trustee as to any investment or management power referenced in sections 633A.4401 and 633A.4402.
2020 Acts, ch 1076, §15
Referred to in §633A.1102, 633A.4207
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.4810 - Powers of distribution trust director.

633A.4810 Powers of distribution trust director.
The powers of a distribution trust director over any discretionary distributions of income or principal, including distributions pursuant to an ascertainable standard or other criteria and appointments pursuant to section 633A.4215, shall be provided in the trust instrument and may be exercised or not exercised, in the best interests of the beneficiaries as a class, in the sole and absolute discretion of the distribution trust director and are binding on any other person and any other interested party, fiduciary, and excluded fiduciary. Unless the terms of the document provide otherwise, the distribution trust director shall direct the trustee with regard to all discretionary distributions to beneficiaries and may direct appointments pursuant to section 633A.4215. The distribution trust director may also provide direction regarding notification of qualified beneficiaries pursuant to section 633A.4213.
2020 Acts, ch 1076, §16
Referred to in §633A.1102, 633A.4207
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5101 - Charitable purposes.

633A.5101 Charitable purposes.
1. A charitable trust may be created for the relief of poverty, the advancement of education or religion, the promotion of health, or any other purpose the accomplishment of which is beneficial to the community.
2. If the terms of the trust do not indicate a particular charitable purpose or beneficiaries, the trustee may select one or more charitable purposes or beneficiaries.
99 Acts, ch 125, §85, 109
C2001, §633.5101
2005 Acts, ch 38, §54
CS2005, §633A.5101
Referred to in §633A.1102
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5102 - Application of cy pres.

633A.5102 Application of cy pres.
Unless the terms of the trust provide to the contrary the following apply:
1. A charitable trust does not fail, in whole or in part, if a particular purpose for which the trust was created becomes impracticable, unlawful, or impossible to fulfill.
2. If a particular charitable purpose for which a trust was created becomes impracticable, unlawful, or impossible to fulfill, the court may modify the terms of the trust or direct that the property of the trust be distributed in whole or in part in a manner best meeting the settlor’s general charitable purposes. If an administrative provision of a charitable trust becomes impracticable, unlawful, impossible to fulfill, or otherwise impairs the effective administration of the trust, the court may modify the provision.
99 Acts, ch 125, §86, 109
C2001, §633.5102
2005 Acts, ch 38, §54
CS2005, §633A.5102
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5103 - Trust with uneconomically low value.

633A.5103 Trust with uneconomically low value.
1. On petition by a trustee or other interested person, if the court determines that the value of the trust property is insufficient to justify the cost of administration involved, the court may appoint a new trustee or may modify or terminate the charitable trust.
2. Upon termination of a trust under this section, the court shall distribute the trust property in a manner consistent with the settlor’s charitable purposes.
99 Acts, ch 125, §87, 109
C2001, §633.5103
2005 Acts, ch 38, §54
CS2005, §633A.5103
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5104 - Interested persons — proceedings.

633A.5104 Interested persons — proceedings.
The settlor, or if the settlor is deceased or not competent, the settlor’s designee named or designated pursuant to section 633A.5106, the trustee, the attorney general, and any charitable entity or other person with a special interest in the trust shall be interested persons in a proceeding involving a charitable trust.
99 Acts, ch 125, §88, 109
C2001, §633.5104
2005 Acts, ch 38, §54
CS2005, §633A.5104
2008 Acts, ch 1119, §32, 39
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5106 - Settlor — enforcement of charitable trust — designation.

633A.5106 Settlor — enforcement of charitable trust — designation.
A settlor may maintain an action to enforce a charitable trust established by the settlor and may designate, either in the agreement establishing the trust or in a written statement signed by the settlor and delivered to the trustee, a person or persons, by name or by description, whether or not born at the time of such designation, to enforce the charitable trust if the settlor is deceased or not competent.
2008 Acts, ch 1119, §33, 39
Referred to in §633A.5104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5107 - Filing requirements.

633A.5107 Filing requirements.
1. The provisions of this section apply to the following charitable trusts administered in this state with assets in excess of twenty-five thousand dollars:
a. A nonprofit entity as defined in section 501(c)(3) of the Internal Revenue Code, as defined in section 422.3.
b. A charitable remainder trust as defined in section 664(d) of the Internal Revenue Code, as defined in section 422.3.
c. A charitable lead trust as defined in sections 2055(e)(2)(b) and 2522(c)(2)(b) of the Internal Revenue Code, as defined in section 422.3.
2. a. Within sixty days from the creation of a charitable trust, as described in subsection 1, the trustee shall register the charitable trust with the attorney general. The trustee shall register the charitable trust on a form provided by the attorney general. The trustee shall also submit a copy of the trust instrument to the attorney general as required by the attorney general.
b. The trustee of a charitable trust, as described in subsection 1, shall annually file a copy of the charitable trust’s annual report with the attorney general. The annual report may be the same report submitted to the persons specified in section 633A.4213, the charitable trust’s most recent annual federal tax filings, or an annual report completed on a form provided by the attorney general.
c. The attorney general may require that documents be filed electronically, including forms, trust instruments, and reports. In addition, the attorney general may require the use of electronic signatures as defined in section 554D.103.
3. Any document provided to the office of the attorney general in connection with a charitable remainder trust or a charitable lead trust, as described in subsection 1, shall not be considered a public record pursuant to chapter 22. The attorney general shall keep the identities and interest of the noncharitable beneficiaries confidential except to the extent that disclosure is required by a court.
4. The attorney general is authorized to adopt administrative rules in accordance with the provisions of chapter 17A for the administration and enforcement of this chapter.
5. For a charitable trust described in subsection 1, created prior to July 1, 2009, and still in existence, the trustee shall register the trust with and submit a current copy of the trust instrument and financial report to the attorney general not later than one hundred thirty-five days after the close of the trust’s next fiscal year following July 1, 2009. The trustee shall comply with the remainder of this section as if the charitable trust were created on or after July 1, 2009.
2009 Acts, ch 35, §1; 2009 Acts, ch 179, §45
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.5108 - Role of the attorney general.

633A.5108 Role of the attorney general.
The attorney general may investigate a charitable trust to determine whether the charitable trust is being administered in accordance with law and the terms and purposes of the trust. The attorney general may apply to a district court for such orders that are reasonable and necessary to carry out the terms and purposes of the trust and to ensure the trust is being administered in accordance with applicable law. Limitation of action provisions contained in section 633A.4504 apply.
2009 Acts, ch 35, §2
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6101 - Subject matter jurisdiction.

633A.6101 Subject matter jurisdiction.
1. The district court sitting in probate has exclusive jurisdiction of proceedings concerning the internal affairs of a trust and of actions and proceedings to determine the existence of a trust, actions and proceedings by or against creditors or debtors of a trust, and other actions and proceedings involving a trust and third persons. Such jurisdiction may be invoked by any interested party at any time.
2. Unless a trust is under continuous court supervision pursuant to section 633.10, subsection 4, the trust shall not be subject to the jurisdiction of the probate court and the court shall not issue letters of appointment.
99 Acts, ch 125, §89, 109
C2001, §633.6101
2002 Acts, ch 1107, §20; 2005 Acts, ch 38, §49, 54
CS2005, §633A.6101
2010 Acts, ch 1137, §10
Referred to in §633.10
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6102 - Principal place of administration of trust.

633A.6102 Principal place of administration of trust.
1. Unless otherwise designated in the terms of the trust, the principal place of administration of a trust is the usual place where the day-to-day activity of the trust is carried on by the trustee or the trustee’s representative who is primarily responsible for the administration of the trust.
2. If the principal place of administration of the trust cannot be determined under subsection 1, it must be determined as follows:
a. If the trust has one trustee, the principal place of administration of the trust is the trustee’s residence or usual place of business.
b. If the trust has more than one trustee, the principal place of administration of the trust is the residence or usual place of business of any of the cotrustees as agreed upon by them or, if not, the residence or usual place of business of any of the cotrustees.
99 Acts, ch 125, §90, 109
C2001, §633.6102
2005 Acts, ch 38, §54
CS2005, §633A.6102
Referred to in §633A.3110
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6103 - Jurisdiction over trustees and beneficiaries.

633A.6103 Jurisdiction over trustees and beneficiaries.
1. By accepting the trusteeship of a trust having its principal place of administration in this state, the trustee submits personally to the jurisdiction of the court.
2. To the extent of their interests in the trust, all beneficiaries of a trust having its principal place of administration in this state are subject to the jurisdiction of the court.
99 Acts, ch 125, §91, 109
C2001, §633.6103
2005 Acts, ch 38, §54
CS2005, §633A.6103
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6104 - County of venue.

633A.6104 County of venue.
1. A proceeding may be commenced in the county in which the trust’s principal place of administration is or is to be located and if the trust is created by will, also in the county in which the decedent’s estate is administered.
2. If a trust not created by will has no trustee, a proceeding for appointing a trustee shall be commenced in the county in which a beneficiary resides or the trust property, or some portion of the trust property, is located.
3. Except as otherwise provided in subsections 1 and 2, a proceeding shall be commenced in accordance with the rules applicable to civil actions generally.
99 Acts, ch 125, §92, 109
C2001, §633.6104
2005 Acts, ch 38, §54
CS2005, §633A.6104
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6105 - Transfer of jurisdiction.

633A.6105 Transfer of jurisdiction.
1. The court may transfer the place of administration of a trust to or from this state or transfer some or all of the trust property to a trustee in or outside this state if it finds that the transfer of the trust property to a trustee in this or another jurisdiction, or the transfer of the place of administration of a trust to this or another jurisdiction, will promote the best interests of the trust and those interested in it, taking into account the economical and convenient administration of the trust and the views of the qualified beneficiaries.
2. A new trustee to whom the trust property is to be transferred shall be qualified, willing, and able to administer the trust or trust property under the terms of the trust.
3. If the trust or any portion of the trust property is transferred to another jurisdiction and if approval of the transfer by the other court is required under the law of the other jurisdiction, the proper court in the other jurisdiction must have approved the transfer in order for the transfer to be effective.
4. If a transfer is ordered, the court may direct the manner of transfer and impose terms and conditions as may be just, including a requirement for the substitution of a successor trustee in any pending litigation in this state. A delivery of property in accordance with the order of the court is a full discharge of the trustee with respect to all property specified in the order.
5. If the court grants a petition to transfer a trust or trust property to this state, the court shall require the trustee to give a bond, if necessary under the law of the other jurisdiction or of this state, and may require bond as provided in section 633A.4102.
6. Without precluding the right of the court to order, approve, or disapprove a transfer, the trustee, in furtherance of the trustee’s duty to administer the trust at a place appropriate to its purpose or administration, and the interests of the beneficiaries, may transfer the trust’s principal place of administration to another state or to a jurisdiction outside the United States.
99 Acts, ch 125, §93, 109
C2001, §633.6105
2002 Acts, ch 1107, §21; 2003 Acts, ch 95, §20; 2005 Acts, ch 38, §54, 55
CS2005, §633A.6105
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6201 - Judicial intervention intermittent.

633A.6201 Judicial intervention intermittent.
The administration of trusts shall proceed expeditiously and free of judicial intervention, except to the extent the jurisdiction of the court is invoked by interested parties or otherwise exercised as provided by law.
99 Acts, ch 125, §94, 109
C2001, §633.6201
2005 Acts, ch 38, §54
CS2005, §633A.6201
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6202 - Petitions — purposes of proceedings.

633A.6202 Petitions — purposes of proceedings.
1. Except as otherwise provided in section 633A.3103, a trustee or beneficiary of a trust may petition the court concerning the internal affairs of the trust or to determine the existence of the trust.
2. Proceedings concerning the internal affairs of a trust include proceedings to do any of the following:
a. Construe and determine the terms of a trust.
b. Determine the existence of any immunity, power, privilege, duty, or right.
c. Determine the validity of a trust provision.
d. Ascertain beneficiaries and determine to whom property shall pass or be delivered upon final or partial termination of the trust.
e. Settle accounts and pass upon the acts of the trustee, including the exercise of discretionary powers.
f. Instruct the trustee.
g. Compel the trustee to report information about the trust or account to the beneficiary.
h. Grant powers to or modify powers of the trustee.
i. Fix or allow payment of the trustee’s compensation or review the reasonableness of the compensation.
j. Appoint or remove a trustee.
k. Accept the resignation of a trustee.
l. Compel redress of a breach of trust by any available remedy.
m. Approve or direct the modification or termination of the trust.
n. Approve or direct the combination or division of trusts.
o. Authorize or direct transfer of a trust or trust property to or from another jurisdiction.
p. Determine liability of a trust for debts or the expenses of administration of the estate of a deceased settlor.
q. Determine any other issue that will aid in the administration of the trust.
99 Acts, ch 125, §95, 109
C2001, §633.6202
2002 Acts, ch 1119, §191; 2005 Acts, ch 38, §54, 55
CS2005, §633A.6202
Referred to in §633A.4106, 633A.4107, 633A.4601, 633A.6301
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6301 - Definition and applicability.

633A.6301 Definition and applicability.
1. For purposes of this part, “fiduciary matter” includes any item listed in section 633A.6202, subsection 2.
2. Persons interested in a fiduciary matter may approve a judicial settlement and represent and bind other persons interested in the fiduciary matter.
3. Notice to a person who may represent and bind another person under this trust code has the same effect as if notice were given directly to the person represented.
4. Section 633A.6301, subsection 4, Code 2009, applies to written consents executed prior to July 1, 2010.
5. A settlor shall not represent and bind a beneficiary under this trust code with respect to the termination or modification of a trust pursuant to section 633A.2202 or 633A.2203.
99 Acts, ch 125, §96, 109
C2001, §633.6301
2002 Acts, ch 1107, §22; 2003 Acts, ch 95, §21; 2005 Acts, ch 38, §54, 55
CS2005, §633A.6301
2006 Acts, ch 1104, §15, 16; 2010 Acts, ch 1137, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6302 - Representation by holders of powers.

633A.6302 Representation by holders of powers.
1. The holders or all coholders of a power of revocation or presently exercisable general power of appointment, including one in the form of a power of amendment, may represent and bind the persons whose interests, as objects, takers in default, or otherwise, are subject to the power.
2. To the extent there is no conflict of interest between the holders and the persons represented with respect to the fiduciary matter, persons whose interests are subject to a general testamentary power of appointment may be represented and bound by the holder or holders of the power.
3. To the extent there is no conflict of interest with respect to the fiduciary matter, the person or persons holding a limited power of appointment and the taker or takers in default of the exercise of such power may together represent and bind persons whose interests are dependent on the affirmative exercise of such power of appointment by the holder or holders of the power.
99 Acts, ch 125, §97, 109
C2001, §633.6302
2005 Acts, ch 38, §54
CS2005, §633A.6302
2022 Acts, ch 1084, §4
Referred to in §633A.6305
NEW subsection 3
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6303 - Representation by fiduciaries and parents.

633A.6303 Representation by fiduciaries and parents.
To the extent there is no conflict of interest between the representer and those represented with respect to the fiduciary matter, the following are permitted:
1. A conservator may represent and bind the person whose estate the conservator controls.
2. A trustee may represent and bind the beneficiaries of the trust.
3. A personal representative may represent and bind the persons interested in the decedent’s estate.
4. If no conservator has been appointed, a parent may represent and bind a minor child.
99 Acts, ch 125, §98, 109
C2001, §633.6303
2005 Acts, ch 38, §54
CS2005, §633A.6303
Referred to in §633A.4105, 633A.6305
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6304 - Representation by holders of similar interests.

633A.6304 Representation by holders of similar interests.
Unless otherwise represented, a minor, an incompetent, unborn, or unascertained person, or a remote contingent beneficiary may be represented by and bound by another person having a substantially identical interest with respect to the fiduciary matter but only to the extent that the person’s interest is adequately represented.
99 Acts, ch 125, §99, 109
C2001, §633.6304
2005 Acts, ch 38, §54
CS2005, §633A.6304
2022 Acts, ch 1084, §5
Section amended
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6305 - Notice of judicial settlement.

633A.6305 Notice of judicial settlement.
1. Notice of a judicial settlement shall be given to every interested person or to one who can bind an interested person as described in sections 633A.6302 and 633A.6303.
2. Notice may be given to a person or to another who may bind the person.
3. Notice is given to unborn or unascertained persons who are not represented under sections 633A.6302 and 633A.6303, by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons.
99 Acts, ch 125, §100, 109
C2001, §633.6305
2005 Acts, ch 38, §54, 55
CS2005, §633A.6305
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6306 - Appointment of guardian ad litem.

633A.6306 Appointment of guardian ad litem.
1. At any point in a judicial proceeding, the court may appoint a guardian ad litem to represent and approve a settlement on behalf of the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate.
2. If not precluded by conflict of interest, a guardian ad litem may be appointed to represent several persons or interests.
3. The court shall set out its reasons for appointing a guardian ad litem as a part of the record of the proceeding.
4. In approving a judicially supervised settlement, a guardian ad litem may consider general family benefit.
99 Acts, ch 125, §101, 109
C2001, §633.6306
2005 Acts, ch 38, §54
CS2005, §633A.6306
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6307 - Appointment of special representative.

633A.6307 Appointment of special representative.
1. In connection with a nonjudicial settlement, the court may appoint a special representative to represent the interests of and approve a settlement on behalf of designated persons.
2. If not precluded by a conflict of interest, a special representative may be appointed to represent several persons or interests.
3. In approving a settlement, a special representative may consider general family benefit. As a condition for approval, a special representative may require that those represented receive a benefit.
99 Acts, ch 125, §102, 109
C2001, §633.6307
2005 Acts, ch 38, §54
CS2005, §633A.6307
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633A - IOWA TRUST CODE › Section 633A.6308 - Nonjudicial settlement agreements.

633A.6308 Nonjudicial settlement agreements.
1. For purposes of this part, “interested persons” means persons whose consent would be required in order to achieve a binding settlement were the settlement to be approved by the court.
2. Except as otherwise provided in subsection 3, or as to a modification or termination of a trust under section 633A.2203, interested persons may enter into a binding nonjudicial settlement agreement with respect to any matter involving a trust.
3. A nonjudicial settlement is valid only to the extent the settlement does not violate a material purpose of the trust and includes terms and conditions that could be properly approved by the court under this trust code or other applicable law.
4. Matters that may be resolved by a nonjudicial settlement agreement include any of the following:
a. The interpretation or construction of the terms of the trust.
b. The approval of a trustee’s report or accounting.
c. Direction to a trustee to refrain from performing a particular act or the grant to a trustee of any necessary or desirable power.
d. The resignation or appointment of a trustee and the determination of a trustee’s compensation.
e. The transfer of a trust’s principal place of administration.
f. The liability of a trustee for an action relating to the trust.
5. Any interested person may request the court to approve a nonjudicial settlement agreement, to determine whether the representation provided was adequate, and to determine whether the agreement contains terms and conditions the court could have properly approved.
2003 Acts, ch 95, §22
CS2003, §633.6308
2005 Acts, ch 38, §54, 55
CS2005, §633A.6308
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.103 - Applicability.

633B.103 Applicability.
This chapter applies to all powers of attorney except for the following:
1. A power to the extent it is coupled with an interest of the agent in the subject of the power, including but not limited to a power given to or for the benefit of a creditor in connection with a credit transaction.
2. A power to make health care decisions.
3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity.
4. A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.
2014 Acts, ch 1078, §5
Referred to in §633B.110
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.104 - Durability of power of attorney.

633B.104 Durability of power of attorney.
A power of attorney created under this chapter is durable unless the power of attorney expressly provides that it is terminated by the incapacity of the principal.
2014 Acts, ch 1078, §6
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.105 - Execution.

633B.105 Execution.
A power of attorney must be signed by the principal or in the principal’s conscious presence by another individual, other than any prospective agent, directed by the principal to sign the principal’s name on the power of attorney. A power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments. An agent named in the power of attorney shall not notarize the principal’s signature. An acknowledged signature on a power of attorney is presumed to be genuine.
2014 Acts, ch 1078, §7
Referred to in §633B.106, 633B.119
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.106 - Validity.

633B.106 Validity.
1. A power of attorney executed in this state on or after July 1, 2014, is valid if the execution of the power of attorney complies with section 633B.105.
2. A power of attorney executed in this state before July 1, 2014, is valid if the execution of the power of attorney complied with the law of this state as it existed at the time of execution.
3. A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with any of the following:
a. The law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to section 633B.107.
b. The requirements for a military power of attorney pursuant to 10 U.S.C. §1044b, as amended.
4. Except as otherwise provided by law, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original.
2014 Acts, ch 1078, §8
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.107 - Meaning and effect.

633B.107 Meaning and effect.
The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.
2014 Acts, ch 1078, §9
Referred to in §633B.106
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.108 - Nomination of conservator or guardian — relation of agent to court-appointed fiduciary.

633B.108 Nomination of conservator or guardian — relation of agent to court-appointed fiduciary.
1. Under a power of attorney, a principal may nominate a conservator of the principal’s estate or guardian of the principal’s person for consideration by the court if proceedings for the principal’s estate or person are begun after the principal executes the power of attorney. Except for good cause shown or disqualification, the court shall make its appointment in accordance with the principal’s most recent nomination. This section does not prohibit an individual from executing a petition for the voluntary appointment of a guardian or conservator on a standby basis pursuant to sections 633.568 and 633.591.
2. If, after a principal executes a power of attorney, a court appoints a conservator of the principal’s estate or other fiduciary charged with the management of some or all of the principal’s property, the power of attorney is suspended unless the power of attorney provides otherwise or unless the court appointing the conservator decides the power of attorney should continue. If the power of attorney continues, the agent is accountable to the fiduciary as well as to the principal. The power of attorney shall be reinstated upon termination of the conservatorship as a result of the principal regaining capacity.
2014 Acts, ch 1078, §10; 2019 Acts, ch 57, §40, 43, 44
2019 amendment to subsection 1 takes effect January 1, 2020, and applies to guardianships and guardianship proceedings for adults and conservatorships and conservatorship proceedings for adults and minors established or pending before, on, or after that date; 2019 Acts, ch 57, §43, 44
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.109 - When power of attorney effective.

633B.109 When power of attorney effective.
1. A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.
2. If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.
3. If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by the occurrence of any of the following:
a. A licensed physician or licensed psychologist determines that the principal is incapacitated.
b. A judge, or an appropriate governmental official determines that the principal is incapacitated.
4. A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal’s personal representative pursuant to the federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191, including amendments thereto and regulations promulgated thereunder, to obtain access to the principal’s health care information and to communicate with the principal’s health care provider.
2014 Acts, ch 1078, §11
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.110 - Termination — power of attorney or agent authority.

633B.110 Termination — power of attorney or agent authority.
1. A power of attorney terminates when any of the following occurs:
a. The principal dies.
b. The principal becomes incapacitated, if the power of attorney is not durable.
c. The principal revokes the power of attorney.
d. The power of attorney provides that it terminates.
e. The purpose of the power of attorney is accomplished.
f. The principal revokes the agent’s authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.
2. An agent’s authority terminates when any of the following occurs:
a. The principal revokes the authority.
b. The agent dies, becomes incapacitated, or resigns.
c. An action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides.
d. The power of attorney terminates.
e. The agent is named as having abused the principal in a founded dependent adult abuse report.
f. The agent is convicted of dependent adult abuse for having abused the principal.
3. Unless the power of attorney otherwise provides, an agent’s authority is exercisable until the agent’s authority terminates under subsection 2, notwithstanding a lapse of time since the execution of the power of attorney.
4. Termination of a power of attorney or an agent’s authority under this section is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
5. Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal’s successors in interest.
6. Except as provided in section 633B.103, the execution of a general or plenary power of attorney revokes all general or plenary powers of attorney previously executed in this state by the principal, but does not revoke a power of attorney limited to a specific and identifiable action or transaction, which action or transaction is still capable of performance but has not yet been fully accomplished by the agent.
2014 Acts, ch 1078, §12; 2018 Acts, ch 1084, §1
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.111 - Coagents and successor agents.

633B.111 Coagents and successor agents.
1. A principal may designate two or more persons to act as coagents. Unless the power of attorney otherwise provides, all of the following apply to actions of coagents:
a. A power held by coagents shall be exercised by majority action.
b. If impasse occurs due to the failure to reach a majority decision, any agent may petition the court to decide the issue, or a majority of the agents may consent to an alternative form of dispute resolution.
c. If one or more agents resigns or becomes unable to act, the remaining coagents may act.
2. A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function. Unless the power of attorney otherwise provides, a successor agent:
a. Has the same authority as that granted to the original agent.
b. Shall not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.
3. Except as otherwise provided in the power of attorney and subsection 4, an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.
4. An agent with actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal’s best interest. An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken such action.
2014 Acts, ch 1078, §13
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.112 - Reimbursement and compensation of agent.

633B.112 Reimbursement and compensation of agent.
Unless the power of attorney otherwise provides, an agent who is an individual is entitled to reimbursement of expenses reasonably incurred on behalf of the principal but not to compensation. If a power of attorney does provide for compensation or if the agent is a bank or trust company authorized to administer trusts in Iowa, the compensation must be reasonable under the circumstances.
2014 Acts, ch 1078, §14
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.113 - Agent’s acceptance.

633B.113 Agent’s acceptance.
Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.
2014 Acts, ch 1078, §15
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.115 - Exoneration of agent.

633B.115 Exoneration of agent.
A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal’s successors in interest except to the extent the provision does any of the following:
1. Relieves the agent of liability for a breach of duty committed in bad faith, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal.
2. Was included in the power of attorney as a result of an abuse of a confidential or fiduciary relationship with the principal.
2014 Acts, ch 1078, §17
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.116 - Judicial relief.

633B.116 Judicial relief.
1. The following persons may petition a court to construe a power of attorney or to review an agent’s conduct:
a. The principal or the agent.
b. A guardian, conservator, or other fiduciary acting for the principal.
c. A person authorized to make health care decisions for the principal.
d. The principal’s spouse, parent, or descendant or an individual who would qualify as a presumptive heir of the principal.
e. A person named as a beneficiary to receive any property, benefit, or contractual right upon the principal’s death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal’s estate.
f. A governmental agency having regulatory authority to protect the welfare of the principal.
g. A person who becomes aware of pending criminal charges of dependent adult abuse against the agent as having abused the principal.
h. A person who becomes aware of an investigation of dependent adult abuse related to the agent as having abused the principal.
i. The principal’s caregiver, including but not limited to a caretaker as defined in section 235B.2 or 235E.1, or another person that demonstrates sufficient interest in the principal’s welfare.
j. A person asked to accept the power of attorney.
k. A person designated by the principal in the power of attorney.
2. Upon motion to dismiss by the principal, the court shall dismiss a petition filed under this section unless the court finds that the principal lacks the capacity to revoke the agent’s authority or the power of attorney.
3. Upon a petition to the court to review an agent’s conduct relating to pending criminal charges of dependent adult abuse or an investigation of dependent adult abuse related to the principal, the court may suspend the agent’s power of attorney and may appoint a guardian ad litem to represent the principal. The guardian ad litem shall be a practicing attorney.
4. The court may award reasonable attorney fees and costs to the prevailing party in a proceeding under this section.
2014 Acts, ch 1078, §18; 2018 Acts, ch 1084, §2, 3
Referred to in §633B.403
2023 Iowa Code › Title XV - JUDICIAL BRANCH AND JUDICIAL PROCEDURES › Chapter 633B - POWERS OF ATTORNEY › Section 633B.117 - Agent’s liability.

633B.117 Agent’s liability.
An agent that violates this chapter is liable to the principal or the principal’s successors in interest for the amount required to do both of the following:
1. Restore the value of the principal’s property to what it would have been had the violation not occurred.
2. Reimburse the principal or the principal’s successors in interest for attorney fees and costs paid on the agent’s behalf.
2014 Acts, ch 1078, §19