Iowa Code 633B.120 – Refusal to accept acknowledged power of attorney — liability
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Terms Used In Iowa Code 633B.120
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- year: means twelve consecutive months. See Iowa Code 4.1
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 § 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.199, 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 § 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
Referred to in §633B.119
*Reference to “”section 633B.119, subsection 4″” probably intended; corrective legislation is pending
Subsection 2, paragraph f amended
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 § 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.199, 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 § 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
Referred to in §633B.119
*Reference to “”section 633B.119, subsection 4″” probably intended; corrective legislation is pending
Subsection 2, paragraph f amended