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Durable Powers of Attorney for Health Care Iowa law allows individuals to confer upon an attorney-in-fact the authority to make medical and health care decisions on behalf of the person granting the powers.
Requirements for a Power of Attorney The power of attorney must be signed by the principal or by another adult in the principal's presence and under the direction of the principal. The power of attorney is signed and acknowledged before a notary public or is signed by two witnesses.
An Iowa limited power of attorney form is used to appoint a representative to make certain decisions on the principal's behalf. The scope of the power of the attorney must be defined by the principal on the form. Most commonly this contract becomes void at a particular date or when the specific activity is complete.
Through the POA, you serve as an agent and fiduciary for the principal. That role makes you responsible for properly managing their money, assets, and debts. And that includes decisions on how to handle their debts.
You can get health care power of attorney forms from the Iowa State Bar Association or the Legal Hotline for Older Iowans. Review the form thoroughly to make sure you understand what you are signing. Add any specific directions regarding your desires to the document.
A Power of Attorney Could Leave You Vulnerable to Abuse The agent you select has a fiduciary duty to act in your best interests, but there is essentially limited or no oversight unless it becomes clear that the agent is abusing his or her authority and legal action is taken.
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 limited power of attorney lets you specify the areas of your life to which the agent has access. For example, instead of granting your agent authority to handle real estate transactions on your behalf, you can limit it to a specific property.
A Power of Attorney Could Leave You Vulnerable to Abuse Often, this does not happen ? at least not unless or until abuse of power becomes egregious. Because of the potential that an agent could take advantage of you or steal from you, it is very important that you select the right person to act as your agent.