Power of Attorney Acceptance and Refusal Rules in Iowa

At a glance

Requirements one by one

Covered power and first response

The procedure covers a power purportedly verified before a notary or another authorized acknowledger (§ 633B.119(1)). Chapter 633B excludes health-care powers, government-purpose forms and other listed powers (§ 633B.103). Presentation for acceptance generally starts a seven-business-day period to accept or request permitted proof (§ 633B.120(1)(a)), subject to subsection 2.

Supporting requests and later response

A recipient may request an agent certification under penalty of perjury in substantially the statutory form, an English translation if needed, or an opinion of the agent's counsel on a legal matter if the recipient records its reason (§ 633B.119(4)). A translation or opinion is at the principal's expense unless requested more than ten business days after presentation (§ 633B.119(5)). After requested material arrives, acceptance is generally due within five business days (§ 633B.120(1)(b)), subject to subsection 2.

Refusal and remedy

The exceptions cover transactions not otherwise required with the principal, a federal-law conflict, actual knowledge of termination, refused proof, a good-faith concern about validity, agent authority or compliance with federal or state law or regulations, and a specified abuse report (§ 633B.120(2)). Improper refusal can lead to an acceptance order, damages sustained by the principal, and reasonable attorney fees and costs. An action under this provision must be brought within one year of the initial acceptance request (§ 633B.120(3)).

What trips people up

A recipient cannot insist on a different power-of-attorney form for authority already granted unless a refusal exception applies (§ 633B.120(1)(c)). Another law applicable to a financial institution or other entity controls if it conflicts with Chapter 633B (§ 633B.122).

Common questions

Must a refusal give written reasons? Section 633B.120 does not prescribe a general written rejection notice. A request for a counsel opinion must state the reason in a writing or other record (§ 633B.119(4)(c)).

Does acceptance force a particular transaction? The statute allows refusal if the person is not otherwise required to transact with the principal in the same circumstances (§ 633B.120(2)(a)).

Statutes and sources

Current official Iowa Code 2026, accessed October 4, 2026.

Iowa Code § 633B.103. “633B.103 Applicability. This chapter applies to all powers of attorney except for the following: 1. A power to the extent it is coupled with an interest of the agent in the subject of the power, including but not limited to a power given to or for the benefit of a creditor in connection with a credit transaction. 2. A power to make health care decisions. 3. A proxy or other delegation to exercise voting rights or management rights with respect to an entity. 4. A power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.” Official statute (accessed October 4, 2026).

Iowa Code § 633B.119. “633B.119 Acknowledged power of attorney — acceptance and reliance. 1. For purposes of this section and section 633B.120, “acknowledged” means purportedly verified before a notary public or other individual authorized by law to take acknowledgments. 2. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under section 633B.105 that the signature is genuine. 3. A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent’s authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent’s authority may rely upon the power of attorney as if the power of attorney was genuine, valid, and still in effect, the agent’s authority was genuine, valid, and still in effect, and the agent had not exceeded and had not improperly exercised the authority. 4. A person that is asked to accept an acknowledged power of attorney may request, and rely upon, all of the following without further investigation: a. An agent’s certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney in substantially the same form as set out in section 633B.302. b. An English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English. c. An opinion of agent’s counsel as to any matter of law concerning the power of attorney if the person making the request provides the reason for the request in a writing or other record. 5. An English translation or an opinion of counsel requested under this section shall be provided at the principal’s expense unless the request is made more than ten business days after the power of attorney is presented for acceptance. 6. For purposes of this section and section 633B.120, a person who conducts activities through an employee is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.” Official statute (accessed October 4, 2026).

Iowa Code § 633B.120. “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 section 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.119, 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 section 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.” Official statute (accessed October 4, 2026).

Iowa Code § 633B.122. “633B.122 Laws applicable to financial institutions and entities. This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.” Official statute (accessed October 4, 2026).