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take charge when you need it
No matter how lucky you are in life, at some point you will likely need a trusted friend or family member to make health care decisions for you and manage your assets.
Naming a legal power of attorney allows you to rest easy, knowing that a reliable person is aware of your wishes and can act on your behalf in case of an emergency.
A power of attorney is a legal document that appoints another person to act as your agent in a specific situation, like when you become incapacitated.
The power of attorney document lists the authorities granted to the agent (health care, financial, etc.) and the specific conditions that trigger the agent to act.
As an estate-planning attorney, I recommend that all adults prepare a power of attorney document to plan for the unexpected.
By appointing a trusted individual as your agent, you can ensure that your health care and financial wishes will be carried out.
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FAQs: Power of Attorney in Iowa
Basics
Process
Special Circumstances
Can I include my funeral and burial wishes in my power of attorney?
Is there a way to remove a power of attorney after I become incapacitated?
Can I appoint a power of attorney after I become incapacitated?
Can I specify a back-up agent if my named power of attorney is unable to perform their duties?
Does a conservatorship cancel a financial power of attorney?
What is the difference between a health care power of attorney and an advanced directive?
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What are the different types of power of attorney?
A power of attorney is a legal document appointing a person to act as your agent in certain situations. You may have heard these terms used:
Health care power of attorney
Financial power of attorney
Durable power of attorney
In Iowa, attorneys typically separate the health care power of attorney from the financial one to avoid confusion. Scroll down to learn more about these terms.
What is a health care power of attorney?
Sometimes known as a medical power of attorney, typically this document appoints a person to act on your behalf when your attending doctor determines you are unable to make your own health care decisions. When the attending doctor determines that you are competent, health care decisions revert back to you.
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What is a financial power of attorney?
Also known as a statutory power of attorney, this document appoints a person to manage your property and assets. The document specifies when it becomes effective (see below for more information) and what specific property can be managed by the agent. Iowa Code 633B (Subchapter II) offers a thorough list of powers you can grant to your appointed representative.
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What is a durable power of attorney?
The term “durable” means that your agent can act on your behalf even when you are incapacitated. In Iowa, the power of attorney document—if it is prepared consistently with state law—is considered durable unless otherwise stated. The power of attorney document specifies whether it covers health care or financial decisions, or both, and the specific authority granted to the agent.
When is a power of attorney effective?
The document itself states what circumstances must occur for the agent to act on your behalf. The default language for a health care power of attorney authorizes the agent to act when your attending doctor states that you are unable to make your own health care decisions. If you have specific instructions for your agent, they should be made in writing in the document. It is advised to provide a copy of the power of attorney to your doctor and to your agent.
A financial power of attorney may be effective at the moment of signing or on the occurrence of a specific condition. If the authority is effective on the condition of incapacity, the document should include that the determination of incapacity is made in writing by your attending physician.
How much does a power of attorney cost?
Experts advise using a lawyer to help you prepare power of attorney documents. The cost is normally between $50-100 per document.
Can I use an online form to create a power of attorney?
Although free or low-cost online forms may seem like the path of least resistance, experts do not recommend using a power of attorney document that is not prepared by a lawyer. If cost is a concern for you, you can contact your state or local legal aid office about options.
When is the best time to prepare a power of attorney document?
If you haven’t done so already, now is the best time to get your power of attorney document made because you never know what will happen in the future. If you prepare your document before you face incapacity issues, you will have peace of mind knowing that your wishes will be carried out and that your family won’t have to face difficult decisions without your pre-determined instructions. Additionally, if a condition of incapacity is long-term, a person may need to get court permission through a guardianship or conservatorship to make decisions for you. This is an expensive and time consuming process.
Who should I appoint as my power of attorney?
First, call to mind the people you trust to act in your best interest. A power of attorney can be a family member, friend, work colleague, or a professional.
A financial power of attorney should be an organized individual who makes good financial decisions. A bank may be appointed, but they will collect a fee for their services.
The health care power of attorney should be someone that will follow your wishes, regardless of what other people may want for you. A minor cannot be named as a power of attorney.
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Who can sign a power of attorney?
The document is signed by the principal—the person appointing an agent to act on their behalf.
Does the agent need to sign your power of attorney document?
No, the document only needs to be signed by the principal. However, you should give a copy of the document to your agent and your doctor. The document may include a statement indicating that the agent has been notified and consents to the appointment, but it is not required for a valid power of attorney in Iowa.
Does a power of attorney need to be notarized?
A financial power of attorney requires an acknowledged signature by a notary public.
Signing a health care power of attorney can be done in one of two ways:
It can be signed and dated in the presence of two witnesses; or
It can be signed and dated before a notary public.
If you go the witness route, one of them cannot be a relative by blood, marriage, or adoption. Neither witness can be an attending health care provider. If you use two witnesses to sign your health care power of attorney document, you do not need a notary public.
How do I find a notary?
Iowa has authorized the use of a remote online notary (RON). This option allows the document to be notarized using virtual technology, rather than signing in person.
An in-person notary public can be found at your bank, local UPS center, public library, or employer. Because there are legal requirements to act as a notary public, not every location listed here will have one, so it’s best to call ahead.
Does a power of attorney include my last wishes?
In your power of attorney document, you may include specific instructions regarding health care decisions, including end-of-life decisions. However, the document does not need to include these to be considered valid.
Can I include my funeral and burial wishes in my power of attorney?
The power of attorney is only valid during your lifetime, so after-death instructions are not legally enforceable. However, you can include a separate section in your health care power of attorney to appoint someone to make decisions after your death, including which ceremonies to perform and what to do with your remains. This individual does not need to be the same person as your health care agent. The language in this section must be consistent with Iowa Code Chapter 144C.
How do I change or revoke a power of attorney?
If you are the principal—the person who signed the document—you can revoke the power of attorney at any time by communicating to your appointed agent orally or in writing that you revoke the power.
You may also notify your current health care provider of a revocation. You may do this yourself, or have someone else tell your doctor.
Best practice for revoking your power of attorney is to work with your lawyer to execute a new document that names a new agent, then send a written notice to your former agent the revocation of authority.
Is there a way to remove a power of attorney after I become incapacitated?
Your health care power of attorney has a duty to act consistently with your expressed desires. If your desires are unknown, the power of attorney must act in your best interest, taking into account your current medical condition and prognosis.
To have a health care power of attorney removed, a district court must find that the agent is acting in a manner contrary to your wishes. 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.116.
Can I appoint a power of attorney after I become incapacitated?
If a doctor finds that you are not competent, you cannot appoint a power of attorney. Instead, a person concerned for your well-being will need to petition the court to be appointed as your guardian and/or conservator. A guardianship and/or conservatorship often includes the involvement of an attorney, has annual reporting requirements, and may have court costs.
A power of attorney is a private document that is not supervised by the court and does not require annual reports. That’s why it’s best to prepare a power of attorney document when you are healthy and well.
Can I specify a back-up agent if my named power of attorney is unable to perform their duties?
Yes, you may name an alternate power of attorney and a second alternate power of attorney in the document. The document should say when the alternate has the authority to act. By naming an alternate, you won’t have to update the document if your primary appointment is not able or declines to act.
Does a guardianship cancel a health care power of attorney?
No, under Iowa Code 144B.6, the power of attorney has the priority to make health care decisions for the principal.
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Does a conservatorship cancel a financial power of attorney?
Yes, unless the document states otherwise, the power of attorney is suspended after the court appoints a conservator.
What is the difference between a health care power of attorney and an advanced directive?
An advanced directive is a legal document that informs your health care providers and loved ones about your desires if you are unable to make your own decisions. An advanced directive instructs the named power of attorney about your wishes regarding life-sustaining procedures.
The health care power of attorney document can also include additional instructions to your agent for end-of-life health care. For example, you could include that you would like in-home hospice.
Find additional information about advanced directives on the Living Wills page.