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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.
Any interested person may file a petition to be appointed as your guardian under Iowa Code 633. To remove a financial power of attorney, a qualified person must file a petition for the district court to review the conduct and actions of the appointed agent. The list of qualified persons is included in Iowa Code 633B.
The POA cannot transfer the responsibility to another Agent at any time. The POA cannot make any legal or financial decisions after the death of the Principal, at which point the Executor of the Estate would take over. The POA cannot distribute inheritances or transfer assets after the death of the Principal.
A POA may be plenary, meaning it grants complete and unqualified authority to the agent; however, most POAs are express, which means that the POA grants specific, limited powers to the agent. The Iowa code provides that the principal may designate one agents, or coagents in a POA.
The requirements for PoA forms are different in each state; however, in Iowa, your Power of Attorney will require the signature of a notary. If your agent will handle real estate transactions, the Power of Attorney will need to be acknowledged by a notary and filed or recorded with the county.
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.
The principal must have legal capacity at the time a POA is executed; and likewise, the POA may be revoked as long as the principal has legal capacity to do so. The Iowa Code contains default provisions that a POA is durable and becomes effective immediately upon incapacity.