Iowa: Power of Attorney Requirements

The short answer

Iowa has used the Iowa Uniform Power of Attorney Act since July 1, 2014 (Iowa
Code chapter 633B), and it departs from the typical Uniform Power of Attorney
Act pattern in one important way: notarization is mandatory, not optional.
Under § 633B.105, the document "must be signed by the principal or in the
principal's conscious presence by another individual, other than any
prospective agent," and it "must be acknowledged before a notary public or
other individual authorized by law to take acknowledgments." No witnesses are
required, but the named agent is barred from notarizing the principal's own
signature.

The power of attorney is durable by default (§ 633B.104) and can be written
to take effect later, at a stated date or event such as incapacity
(§ 633B.109).

Requirements one by one

Governing law

Iowa's financial power of attorney law is the Iowa Uniform Power of Attorney
Act, Iowa Code chapter 633B (§§ 633B.101 to 633B.403), enacted in 2014 (S.F.
2168, 2014 Acts, ch. 1078) and effective July 1, 2014. It replaced Iowa's
prior, more rudimentary power of attorney statute. A power of attorney signed
before July 1, 2014 remains valid if it complied with the law in effect when
it was executed (§ 633B.106(2)).

Who must sign

Section 633B.105 requires the power of attorney to "be signed by the
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." Iowa specifically excludes any prospective agent from
being the person who signs on the principal's behalf — a detail not every
UPOAA state's execution section includes.

Notarization

Required for the document to be valid — not just a presumption booster.
Section 633B.105 states plainly: "A power of attorney must be acknowledged
before a notary public or other individual authorized by law to take
acknowledgments." The same section bars the named agent from notarizing:
"An agent named in the power of attorney shall not notarize the principal's
signature." Once acknowledged, "[a]n acknowledged signature on a power of
attorney is presumed to be genuine."

Witnesses

None. Section 633B.105 — Iowa's entire execution section — requires only a
signature and notarial acknowledgment. No witness requirement appears
anywhere in chapter 633B for a financial power of attorney.

Statutory form

Yes. Section 633B.301 sets out an optional Iowa Statutory Power of Attorney
Form: "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." A separate optional Agent's Certification form exists at
§ 633B.302.

Durable by default?

Yes. Under § 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." Silence produces a durable
document.

Springing POA allowed?

Yes. Section 633B.109(1) makes a power of attorney "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." The principal may authorize one or more people to determine in
writing that the event occurred (§ 633B.109(2)), with a fallback
determination process if the event is incapacity and no authorized person is
available (§ 633B.109(3)).

Real estate extras

Iowa's Uniform Power of Attorney Act does not add a special execution or
recording step for real estate transactions. The general instrument-recording
statute, § 558.41, applies to any instrument affecting real estate, including
one executed by an agent: it is "of no validity against subsequent
purchasers for a valuable consideration, without notice... unless the
instrument is filed and recorded in the county in which the real estate is
located." Separately, § 558.36 confirms that "[t]he 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" — the agent can
personally acknowledge the deed's execution rather than needing the principal
present.

Out-of-state POAs

Yes. Section 633B.106(3) validates a power of attorney "executed other than
in this state" if its execution complied with either the law that governs
its "meaning and effect" under § 633B.107, or the federal military power of
attorney statute, 10 U.S.C. § 1044b. Section 633B.107 looks first to the
jurisdiction named in the document and, absent that, to the jurisdiction
where it was executed.

What trips people up

• A notary is not optional in Iowa. People using an out-of-state or
  generic template built around the usual notary-or-witness choice may sign
  without a notary and end up with an invalid document — § 633B.105 requires
  acknowledgment, full stop.
• The named agent cannot serve as notary. If the agent happens to be a
  notary public, they still cannot notarize the principal's signature on
  their own power of attorney (§ 633B.105).
• The person signing for an incapacitated-in-hand principal can't be a
  prospective agent either. Section 633B.105 excludes "any prospective
  agent" from the class of people who may sign the principal's name for
  them, even with direction and conscious presence.
• No Iowa-specific real estate recording trap exists — the general
  recording statute (§ 558.41) governs, and § 558.36 actually makes life
  easier by letting the agent acknowledge the deed's own execution rather
  than requiring the principal's separate involvement.

Common questions

Does my Iowa power of attorney need to be notarized? Yes. Notarization
(or acknowledgment before another officer authorized to take acknowledgments)
is a condition of valid execution under § 633B.105, not merely optional.

Does it need witnesses? No. Iowa's Uniform Power of Attorney Act has no
witness requirement for a financial power of attorney.

Will my power of attorney survive if I become incapacitated? Yes, unless
the document expressly says it terminates on incapacity (§ 633B.104).

Will an out-of-state power of attorney work in Iowa? Yes, if its
execution complied with the law of the jurisdiction named in the document, or
— if none is named — the jurisdiction where it was signed (§§ 633B.106(3),
633B.107).

Statutes and sources

All quotations are from the official Iowa Legislature website (legis.iowa.gov),
accessed 2026-07-04.

• Iowa Code § 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."
  View official text (legis.iowa.gov)
• Iowa Code § 633B.105 — "A power of attorney must be signed by the
  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 on the power of attorney. A power of attorney must be
  acknowledged before a notary public or other individual authorized by law
  to take acknowledgments. An agent named in the power of attorney shall not
  notarize the principal's signature."
  View official text (legis.iowa.gov)
• Iowa Code § 633B.106 — "A power of attorney executed other than in this
  state is valid in this state if, when the power of attorney was executed,
  the execution complied with any of the following: a. The law of the
  jurisdiction that determines the meaning and effect of the power of
  attorney pursuant to section 633B.107. b. The requirements for a military
  power of attorney pursuant to 10 U.S.C. §1044b."
  View official text (legis.iowa.gov)
• Iowa Code § 633B.107 — "The meaning and effect of a power of attorney is
  determined by the law of the jurisdiction indicated in the power of
  attorney and, in the absence of an indication of jurisdiction, by the law
  of the jurisdiction in which the power of attorney was executed."
  View official text (legis.iowa.gov)
• Iowa Code § 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."
  View official text (legis.iowa.gov)
• Iowa Code § 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."
  View official text (legis.iowa.gov)
• Iowa Code § 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."
  View official text (legis.iowa.gov)
• Iowa Code § 558.41 — "An instrument affecting real estate is of no
  validity against subsequent purchasers for a valuable consideration,
  without notice... unless the instrument is filed and recorded in the
  county in which the real estate is located."
  View official text (legis.iowa.gov)