Power of Attorney Requirements in Iowa
At a glance
| Governing law | Iowa Uniform Power of Attorney Act, Iowa Code ch. 633B (§§ 633B.101–633B.403), eff. 2014-07-01 |
|---|---|
| Who must sign | Principal, or in the principal's conscious presence by another individual (other than any prospective agent) directed by the principal to sign the principal's name (§ 633B.105) |
| Notarization | Required for validity, not merely a presumption: the power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments; the named agent may not notarize the principal's signature (§ 633B.105) |
| Witnesses | None required. Section 633B.105, the Act's execution section, requires only signature plus notarial acknowledgment, no witnesses |
| Statutory form | Yes — an optional statutory form is set out at § 633B.301, plus a separate optional agent's certification form at § 633B.302 |
| Durable by default? | Yes. A power of attorney created under the Act is durable unless it expressly provides that it is terminated by the principal's incapacity (§ 633B.104) |
| Springing POA allowed? | Yes. Effective when executed unless the principal states a future date or event; the principal may name who determines the event occurred (§ 633B.109) |
| Real estate extras | No POA-specific recording rule; Iowa's Uniform Power of Attorney Act imposes no extra execution or recording step for real estate use beyond the general instrument-recording statute (Iowa Code § 558.41), and § 558.36 confirms an attorney-in-fact may personally acknowledge the deed's own execution |
| Out-of-state POAs | Yes. A POA executed elsewhere is valid in Iowa if its execution complied with the law of the jurisdiction that determines its meaning and effect under § 633B.107, or with the federal military power of attorney statute (§ 633B.106(3)) |
Requirements one by one
Governing law
Iowa Code chapter 633B applies to financial powers of attorney (§ 633B.101). Section 633B.106(2) preserves a document executed before July 1, 2014 if it met Iowa law when signed; the current execution rules govern later Iowa documents.
Who must sign
Section 633B.105 permits a directed signer only in the principal's conscious presence and excludes any prospective agent from signing the principal's name. The same section also requires acknowledgment by a notary or another officer authorized to take acknowledgments.
Springing POA allowed?
The principal may specify a future date or event. Section 633B.109(2) allows the document to authorize one or more people to determine in writing or another record that the event occurred.
Real estate extras
The agent may personally acknowledge a deed executed under a power of attorney (§ 558.36). Under § 558.41, an instrument affecting real estate must be filed and recorded in the property's county to bind a later purchaser for value without notice. That is the general recording rule for the real-estate instrument, rather than an added execution formality for every POA.
Out-of-state POAs
Section 633B.106(3) recognizes a POA validly executed under the law selected by § 633B.107. The latter looks first to the jurisdiction named in the document, then to the place of execution if none is named. The same validity section also recognizes a federal military power of attorney under 10 U.S.C. § 1044b.
What trips people up
A named agent may not notarize the principal's signature (§ 633B.105), even if the agent otherwise holds a notary commission. Use another authorized officer for the required acknowledgment.
Common questions
Will an electronically transmitted copy work? Section 633B.106(4) gives a photocopy or electronically transmitted copy the same effect as the original, except as otherwise provided by law.
What if the document was signed before July 1, 2014? Section 633B.106(2) tests its execution under Iowa law as it existed when it was signed.
Statutes and sources
Official Iowa Code 2026 text checked October 6, 2026:
- §§ 633B.101–633B.403 — "This chapter shall be known and may be cited as the “Iowa Uniform Power of Attorney Act”." Chapter 633B.
- § 633B.102 — "“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." Chapter 633B.
- § 633B.104 — "A power of attorney created under this chapter is durable unless the power of attorney expressly provides that it is terminated by the incapacity of the principal." Chapter 633B.
- § 633B.105 — "A power of attorney must be acknowledged before a notary public or other individual authorized by law to take acknowledgments." Chapter 633B.
- §§ 633B.106–633B.107 — A POA executed elsewhere is valid if execution complied with the law that determines its meaning and effect. Chapter 633B.
- § 633B.109 — "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." Chapter 633B.
- § 633B.301 — "A document substantially in the following form may be used to create a statutory power of attorney that has the meaning and effect prescribed by this chapter:" Chapter 633B.
- § 558.36 — "The execution of any deed, mortgage, or other instrument in writing, executed by any attorney in fact, may be acknowledged by the attorney executing the same." Iowa Code § 558.36.
- § 558.41 — "An instrument affecting real estate is of no validity against subsequent purchasers for a valuable consideration, without notice" unless recorded in the property's county. Iowa Code § 558.41.
Source links
Every statute quoted above, linked, with the date we checked it.
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