Iowa § 633B.109 When power of attorney effective

Iowa Statutes

§ 633B.109 — When power of attorney effective

Iowa § 633B.109

Title XVJUDICIAL BRANCH AND JUDICIAL PROCEDURES

Ch. 633BPOWERS OF ATTORNEY

This text of Iowa § 633B.109 (When power of attorney effective) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Iowa Code § 633B.109 (2026).

Text

1.A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.

2.If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.

3.If a power of attorney becomes effective upon the principal’s incapacity and the principal has not authorized a person to determine whether the principal is incapacitated or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other reco

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1. A power of attorney is effective when executed unless the principal provides in the
power of attorney that it becomes effective at a future date or upon the occurrence of a future
event or contingency.
2. If a power of attorney becomes effective upon the occurrence of a future event or
contingency, the principal, in the power of attorney, may authorize one or more persons to
determine in a writing or other record that the event or contingency has occurred.
3. If a power of attorney becomes effective upon the principal’s incapacity and the
principal has not authorized a person to determine whether the principal is incapacitated
or the person authorized is unable or unwilling to make the determination, the power
of attorney becomes effective upon a determination in a writing or other record by the
occurrence of any of the following:
a. A licensed physician or licensed psychologist determines that the principal is
incapacitated.
b. A judge, or an appropriate governmental official determines that the principal is
incapacitated.
4. A person authorized by the principal in the power of attorney to determine that the
principal is incapacitated may act as the principal’s personal representative pursuant to the
federal Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191,
including amendments thereto and regulations promulgated thereunder, to obtain access to
the principal’s health care information and to communicate with the principal’s health care
provider.