§ 633B.102 — Definitions

Iowa § 633B.102

• Jurisdiction: Iowa
• Title XV: JUDICIAL BRANCH AND JUDICIAL PROCEDURES
• Ch. 633B: POWERS OF ATTORNEY

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1. “Agent” means a person granted authority to act for a principal under a power of
attorney, whether denominated an agent, attorney in fact, or otherwise. The term includes
an original agent, coagent, successor agent, and a person to which an agent’s authority is
delegated.
2. “Conservator” or “conservatorship” means a conservator appointed or conservatorship
established pursuant to section 633.553, 633.554, or 633.567 or a similar provision of the laws
of another state.
3. “Durable”, with respect to a power of attorney, means not terminated by the principal’s
incapacity.
4. “Electronic” means relating to technology having electrical, digital, magnetic, wireless,
optical, electromagnetic, or similar capabilities.
5. “Good faith” means honesty in fact.
6. “Guardian” or “guardianship” means a guardian appointed or a guardianship
established pursuant to sections 633.552 and 633.568 or a similar provision of the laws of
another state.
7. “Incapacity” means the inability of an individual to manage property or business affairs
because the individual is any of the following:
a. An individual whose decision-making capacity is so impaired that the individual is
unable to make, communicate, or carry out important decisions concerning the individual’s
financial affairs.
b. Detained or incarcerated in a penal system.
c. Outside the United States and unable to return.
8. “Person” means an individual, corporation, business trust, estate, trust, partnership,
limited liability company, association, joint venture, public corporation, government or
governmentalsubdivision, agency, orinstrumentality, oranyotherlegalorcommercialentity.
9. “Power of attorney” means a writing that grants authority to an agent to act in the place
of the principal, whether or not the term “power of attorney” is used.
10. “Presently exercisable general power of appointment”, with respect to property or a
property interest subject to a power of appointment, means power exercisable at the time in
question to vest absolute ownership in the principal individually, the principal’s estate, the
principal’s creditors, or the creditors of the principal’s estate. The term includes a power of
appointment not exercisable until the occurrence of a specified event, the satisfaction of an
ascertainable standard, or the passage of a specified period of time only after the occurrence
of the specified event, the satisfaction of the ascertainable standard, or the passage of the
specifiedperiodoftime. Thetermdoesnotincludeapowerexercisableinafiduciarycapacity
or only by will.
11. “Principal” means an individual who grants authority to an agent in a power of
attorney.
12. “Property” means anything that may be the subject of ownership, whether real or
personal, or legal or equitable, or any interest or right therein.
3 POWERS OF ATTORNEY, §633B.106
13. “Record” means information that is inscribed on a tangible medium or that is stored
in an electronic or other medium and is retrievable in perceivable form.
14. “Sign” means, with present intent to authenticate or adopt a record, to do any of the
following:
a. Execute or adopt a tangible symbol.
b. Attach to or logically associate with the record an electronic sound, symbol, or process.
15. “State” means a state of the United States, the District of Columbia, Puerto Rico, the
United States Virgin Islands, or any territory or insular possession subject to the jurisdiction
of the United States.
16. “Stocks and bonds” means stocks, bonds, mutual funds, and all other types of
securities and financial instruments, whether held directly, indirectly, or in any other manner.
The term does not include commodity futures contracts and call or put options on stocks or
stock indexes.