Iowa Code tit. XV, ch. 633B, subch. I, pt. 3 — ACKNOWLEDGED POWER OF ATTORNEY | Iowa Code (2026 edition) — Iowa

Iowa Code § 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

Iowa Code § 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.119, 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 health and 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; 2023 Acts, ch 19, §1283; 2024 Acts, ch 1043, §103