House File 2422 H-8138 Amend House File 2422 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 144A.7, subsection 1, paragraph 4 a, Code 2014, is amended to read as follows: 5 a. The attorney in fact designated to make 6 treatment decisions for the patient should such person 7 be diagnosed as suffering from a terminal condition, if 8 the designation is in writing and complies with chapter 9 144B or section 633B.1 . 10 Sec. 2. Section 231E.3, subsection 15, Code 2014, 11 is amended to read as follows: 12 15. “Power of attorney” means a durable power of 13 attorney for health care as defined in section 144B.1 14 or a power of attorney that becomes effective upon the 15 disability of the principal as described in section 16 633B.1 executed pursuant to chapter 633B . 17 Sec. 3. NEW SECTION . 633B.101 Title. 18 This chapter shall be known and may be cited as the 19 “Iowa Uniform Power of Attorney Act” . 20 Sec. 4. NEW SECTION . 633B.102 Definitions. 21 1. “Agent” means a person granted authority to act 22 for a principal under a power of attorney, whether 23 denominated an agent, attorney in fact, or otherwise. 24 The term includes an original agent, coagent, successor 25 agent, and a person to which an agent’s authority is 26 delegated. 27 2. “Conservator” or “conservatorship” means a 28 conservator appointed or conservatorship established 29 pursuant to sections 633.570 and 633.572 or a similar 30 provision of the laws of another state. 31 3. “Durable” , with respect to a power of attorney, 32 means not terminated by the principal’s incapacity. 33 4. “Electronic” means relating to technology having 34 electrical, digital, magnetic, wireless, optical, 35 electromagnetic, or similar capabilities. 36 5. “Good faith” means honesty in fact. 37 6. “Guardian” or “guardianship” means a guardian 38 appointed or a guardianship established pursuant to 39 sections 633.556 and 633.560 or a similar provision of 40 the laws of another state. 41 7. “Incapacity” means the inability of an 42 individual to manage property or business affairs 43 because the individual is any of the following: 44 a. An individual whose decision-making capacity 45 is so impaired that the individual is unable to 46 make, communicate, or carry out important decisions 47 concerning the individual’s financial affairs. 48 b. Missing. 49 c. Detained, including but not limited to an 50 -1- HF2422.3449 (2) 85 rh/rj 1/ 35 #1.

individual incarcerated in a penal system. 1 d. Outside the United States and unable to return. 2 8. “Person” means an individual, corporation, 3 business trust, estate, trust, partnership, limited 4 liability company, association, joint venture, public 5 corporation, government or governmental subdivision, 6 agency, or instrumentality, or any other legal or 7 commercial entity. 8 9. “Power of attorney” means a writing or other 9 record that grants authority to an agent to act in the 10 place of the principal, whether or not the term “power 11 of attorney” is used. 12 10. “Presently exercisable general power of 13 appointment” , with respect to property or a property 14 interest subject to a power of appointment, means 15 power exercisable at the time in question to vest 16 absolute ownership in the principal individually, the 17 principal’s estate, the principal’s creditors, or the 18 creditors of the principal’s estate. The term includes 19 a power of appointment not exercisable until the 20 occurrence of a specified event, the satisfaction of an 21 ascertainable standard, or the passage of a specified 22 period of time only after the occurrence of the 23 specified event, the satisfaction of the ascertainable 24 standard, or the passage of the specified period of 25 time. The term does not include a power exercisable in 26 a fiduciary capacity or only by will. 27 11. “Principal” means an individual who grants 28 authority to an agent in a power of attorney. 29 12. “Property” means anything that may be the 30 subject of ownership, whether real or personal, or 31 legal or equitable, or any interest or right therein. 32 13. “Record” means information that is inscribed on 33 a tangible medium or that is stored in an electronic or 34 other medium and is retrievable in perceivable form. 35 14. “Sign” means, with present intent to 36 authenticate or adopt a record, to do any of the 37 following: 38 a. Execute or adopt a tangible symbol. 39 b. Attach to or logically associate with the record 40 an electronic sound, symbol, or process. 41 15. “State” means a state of the United States, the 42 District of Columbia, Puerto Rico, the United States 43 Virgin Islands, or any territory or insular possession 44 subject to the jurisdiction of the United States. 45 16. “Stocks and bonds” means stocks, bonds, mutual 46 funds, and all other types of securities and financial 47 instruments, whether held directly, indirectly, or in 48 any other manner. The term does not include commodity 49 futures contracts and call or put options on stocks or 50 -2- HF2422.3449 (2) 85 rh/rj 2/ 35

stock indexes. 1 Sec. 5. NEW SECTION . 633B.103 Applicability. 2 This chapter applies to all powers of attorney 3 except for the following: 4 1. A power to the extent it is coupled with an 5 interest of the agent in the subject of the power, 6 including but not limited to a power given to or for 7 the benefit of a creditor in connection with a credit 8 transaction. 9 2. A power to make health care decisions. 10 3. A proxy or other delegation to exercise voting 11 rights or management rights with respect to an entity. 12 4. A power created on a form prescribed by a 13 government or governmental subdivision, agency, or 14 instrumentality for a governmental purpose. 15 Sec. 6. NEW SECTION . 633B.104 Durability of power 16 of attorney. 17 A power of attorney created under this chapter 18 is durable unless the power of attorney expressly 19 provides that it is terminated by the incapacity of the 20 principal. 21 Sec. 7. NEW SECTION . 633B.105 Execution. 22 A power of attorney must be signed by the principal 23 or in the principal’s conscious presence by another 24 individual, other than any prospective agent, directed 25 by the principal to sign the principal’s name on 26 the power of attorney. A power of attorney must be 27 acknowledged before a notary public or other individual 28 authorized by law to take acknowledgments. An agent 29 named in the power of attorney shall not notarize the 30 principal’s signature. An acknowledged signature on a 31 power of attorney is presumed to be genuine. 32 Sec. 8. NEW SECTION . 633B.106 Validity. 33 1. A power of attorney executed in this state on or 34 after July 1, 2014, is valid if the execution of the 35 power of attorney complies with section 633B.105. 36 2. A power of attorney executed in this state 37 before July 1, 2014, is valid if the execution of the 38 power of attorney complied with the law of this state 39 as it existed at the time of execution. 40 3. A power of attorney executed other than in this 41 state is valid in this state if, when the power of 42 attorney was executed, the execution complied with any 43 of the following: 44 a. The law of the jurisdiction that determines the 45 meaning and effect of the power of attorney pursuant 46 to section 633B.107. 47 b. The requirements for a military power of 48 attorney pursuant to 10 U.S.C. §1044b, as amended. 49 4. Except as otherwise provided by law, a photocopy 50 -3- HF2422.3449 (2) 85 rh/rj 3/ 35

or electronically transmitted copy of an original power 1 of attorney has the same effect as the original. 2 Sec. 9. NEW SECTION . 633B.107 Meaning and effect. 3 The meaning and effect of a power of attorney is 4 determined by the law of the jurisdiction indicated 5 in the power of attorney and, in the absence of 6 an indication of jurisdiction, by the law of the 7 jurisdiction in which the power of attorney was 8 executed. 9 Sec. 10. NEW SECTION . 633B.108 Nomination 10 of conservator or guardian —— relation of agent to 11 court-appointed fiduciary. 12 1. Under a power of attorney, a principal may 13 nominate a conservator of the principal’s estate or 14 guardian of the principal’s person for consideration 15 by the court if proceedings for the principal’s 16 estate or person are begun after the principal 17 executes the power of attorney. Except for good cause 18 shown or disqualification, the court shall make its 19 appointment in accordance with the principal's most 20 recent nomination. This section does not prohibit an 21 individual from executing a petition for the voluntary 22 appointment of a guardian or conservator on a standby 23 basis pursuant to sections 633.560 and 633.591. 24 2. If, after a principal executes a power of 25 attorney, a court appoints a conservator of the 26 principal’s estate or other fiduciary charged with 27 the management of some or all of the principal’s 28 property, the power of attorney is suspended unless 29 the power of attorney provides otherwise or unless the 30 court appointing the conservator decides the power of 31 attorney should continue. If the power of attorney 32 continues, the agent is accountable to the fiduciary as 33 well as to the principal. The power of attorney shall 34 be reinstated upon termination of the conservatorship 35 as a result of the principal regaining capacity. 36 Sec. 11. NEW SECTION . 633B.109 When power of 37 attorney effective. 38 1. A power of attorney is effective when executed 39 unless the principal provides in the power of attorney 40 that it becomes effective at a future date or upon the 41 occurrence of a future event or contingency. 42 2. If a power of attorney becomes effective upon 43 the occurrence of a future event or contingency, the 44 principal, in the power of attorney, may authorize one 45 or more persons to determine in a writing or other 46 record that the event or contingency has occurred. 47 3. If a power of attorney becomes effective upon 48 the principal’s incapacity and the principal has not 49 authorized a person to determine whether the principal 50 -4- HF2422.3449 (2) 85 rh/rj 4/ 35

is incapacitated or the person authorized is unable 1 or unwilling to make the determination, the power of 2 attorney becomes effective upon a determination in a 3 writing or other record by the occurrence of any of the 4 following: 5 a. A licensed physician or licensed psychologist 6 determines that the principal is incapacitated. 7 b. A licensed attorney at law, a judge, or an 8 appropriate governmental official determines that the 9 principal is incapacitated. 10 4. A person authorized by the principal in the 11 power of attorney to determine that the principal is 12 incapacitated may act as the principal’s personal 13 representative pursuant to the federal Health Insurance 14 Portability and Accountability Act of 1996, Pub. L. No. 15 104-191, including amendments thereto and regulations 16 promulgated thereunder, to obtain access to the 17 principal’s health care information and to communicate 18 with the principal’s health care provider. 19 Sec. 12. NEW SECTION . 633B.110 Termination —— 20 power of attorney or agent authority. 21 1. A power of attorney terminates when any of the 22 following occur: 23 a. The principal dies. 24 b. The principal becomes incapacitated, if the 25 power of attorney is not durable. 26 c. The principal revokes the power of attorney. 27 d. The power of attorney provides that it 28 terminates. 29 e. The purpose of the power of attorney is 30 accomplished. 31 f. The principal revokes the agent’s authority 32 or the agent dies, becomes incapacitated, or resigns, 33 and the power of attorney does not provide for another 34 agent to act under the power of attorney. 35 2. An agent’s authority terminates when any of the 36 following occur: 37 a. The principal revokes the authority. 38 b. The agent dies, becomes incapacitated, or 39 resigns. 40 c. An action is filed for the dissolution or 41 annulment of the agent’s marriage to the principal 42 or for their legal separation, unless the power of 43 attorney otherwise provides. 44 d. The power of attorney terminates. 45 3. Unless the power of attorney otherwise 46 provides, an agent’s authority is exercisable until 47 the agent’s authority terminates under subsection 2, 48 notwithstanding a lapse of time since the execution of 49 the power of attorney. 50 -5- HF2422.3449 (2) 85 rh/rj 5/ 35

4. Termination of a power of attorney or an agent’s 1 authority under this section is not effective as to the 2 agent or another person that, without actual knowledge 3 of the termination, acts in good faith under the power 4 of attorney. An act so performed, unless otherwise 5 invalid or unenforceable, binds the principal and the 6 principal’s successors in interest. 7 5. Incapacity of the principal of a power of 8 attorney that is not durable does not revoke or 9 terminate the power of attorney as to an agent or 10 other person that, without actual knowledge of the 11 incapacity, acts in good faith under the power of 12 attorney. An act so performed, unless otherwise 13 invalid or unenforceable, binds the principal and the 14 principal’s successors in interest. 15 6. Except as provided in section 633B.103, the 16 execution of a general or plenary power of attorney 17 revokes all general or plenary powers of attorney 18 previously executed in this state by the principal, 19 but does not revoke a power of attorney limited to a 20 specific and identifiable action or transaction, which 21 action or transaction is still capable of performance 22 but has not yet been fully accomplished by the agent. 23 Sec. 13. NEW SECTION . 633B.111 Coagents and 24 successor agents. 25 1. A principal may designate two or more persons 26 to act as coagents. Unless the power of attorney 27 otherwise provides, all of the following apply to 28 actions of coagents: 29 a. A power held by coagents shall be exercised by 30 majority action. 31 b. If impasse occurs due to the failure to reach 32 a majority decision, any agent may petition the court 33 to decide the issue, or a majority of the agents may 34 consent to an alternative form of dispute resolution. 35 c. If one or more agents resigns or becomes unable 36 to act, the remaining coagents may act. 37 d. If a coagent is unavailable to perform duties 38 because of absence, illness, or other temporary 39 inability to perform, the remaining agents may exercise 40 their authority as if they were the only agents. 41 2. A principal may designate one or more successor 42 agents to act if an agent resigns, dies, becomes 43 incapacitated, is not qualified to serve, or declines 44 to serve. A principal may grant authority to designate 45 one or more successor agents to an agent or other 46 person designated by name, office, or function. Unless 47 the power of attorney otherwise provides, a successor 48 agent: 49 a. Has the same authority as that granted to the 50 -6- HF2422.3449 (2) 85 rh/rj 6/ 35

original agent. 1 b. Shall not act until all predecessor agents have 2 resigned, died, become incapacitated, are no longer 3 qualified to serve, or have declined to serve. 4 3. Except as otherwise provided in the power of 5 attorney and subsection 4, an agent that does not 6 participate in or conceal a breach of fiduciary duty 7 committed by another agent, including a predecessor 8 agent, is not liable for the actions of the other 9 agent. 10 4. An agent with actual knowledge of a breach or 11 imminent breach of fiduciary duty by another agent 12 shall notify the principal and, if the principal is 13 incapacitated, take any action reasonably appropriate 14 in the circumstances to safeguard the principal’s best 15 interest. An agent that fails to notify the principal 16 or take action as required by this subsection is liable 17 for the reasonably foreseeable damages that could have 18 been avoided if the agent had notified the principal 19 or taken such action. 20 Sec. 14. NEW SECTION . 633B.112 Reimbursement and 21 compensation of agent. 22 Unless the power of attorney otherwise provides, an 23 agent who is an individual is entitled to reimbursement 24 of expenses reasonably incurred on behalf of the 25 principal but not to compensation. If a power of 26 attorney does provide for compensation or if the agent 27 is a bank or trust company authorized to administer 28 trusts in Iowa, the compensation must be reasonable 29 under the circumstances. 30 Sec. 15. NEW SECTION . 633B.113 Agent’s acceptance. 31 Except as otherwise provided in the power of 32 attorney, a person accepts appointment as an agent 33 under a power of attorney by exercising authority or 34 performing duties as an agent or by any other assertion 35 or conduct indicating acceptance. 36 Sec. 16. NEW SECTION . 633B.114 Agent’s duties. 37 1. Notwithstanding provisions in the power of 38 attorney, an agent that has accepted appointment shall 39 act in conformity with all of the following: 40 a. In accordance with the principal’s reasonable 41 expectations to the extent actually known by the agent 42 and otherwise in the principal’s best interest. 43 b. In good faith. 44 c. Only within the scope of authority granted in 45 the power of attorney. 46 2. Except as otherwise provided in the power of 47 attorney, an agent that has accepted appointment shall 48 do all of the following: 49 a. Act loyally for the principal’s benefit. 50 -7- HF2422.3449 (2) 85 rh/rj 7/ 35

b. Act so as not to create a conflict of interest 1 that impairs the agent’s ability to act impartially in 2 the principal’s best interest. 3 c. Act with the care, competence, and diligence 4 ordinarily exercised by agents in similar 5 circumstances. 6 d. Keep a record of all receipts, disbursements, 7 and transactions made on behalf of the principal. 8 e. Cooperate with a person that has authority to 9 make health care decisions for the principal to carry 10 out the principal’s reasonable expectations to the 11 extent actually known by the agent and, otherwise, act 12 in the principal’s best interest. 13 f. Attempt to preserve the principal’s estate 14 plan, to the extent actually known by the agent, if 15 preserving the plan is consistent with the principal’s 16 best interest based upon all relevant factors, 17 including all of the following: 18 (1) The value and nature of the principal’s 19 property. 20 (2) The principal’s foreseeable obligations and 21 need for maintenance. 22 (3) Minimization of the principal’s 23 taxes, including income, estate, inheritance, 24 generation-skipping transfer, and gift taxes. 25 (4) The principal’s eligibility for a benefit, a 26 program, or assistance under a statute or regulation 27 or contract. 28 3. An agent that acts in good faith is not liable 29 to any beneficiary under the principal’s estate plan 30 for failure to preserve the plan. 31 4. An agent that acts with care, competence, and 32 diligence for the best interest of the principal is not 33 liable solely because the agent also benefits from the 34 act or has an individual or conflicting interest in 35 relation to the property or affairs of the principal. 36 5. If an agent is selected by the principal because 37 of special skills or expertise possessed by the agent 38 or in reliance on the agent’s representation that the 39 agent has special skills or expertise, the special 40 skills or expertise shall be considered in determining 41 whether the agent has acted with care, competence, and 42 diligence under the circumstances. 43 6. Absent a breach of duty to the principal, an 44 agent is not liable if the value of the principal’s 45 property declines. 46 7. An agent that exercises authority to delegate to 47 another person the authority granted by the principal 48 or that engages another person on behalf of the 49 principal is not liable for an act, error of judgment, 50 -8- HF2422.3449 (2) 85 rh/rj 8/ 35

or default of that person if the agent exercises care, 1 competence, and diligence in selecting and monitoring 2 the person. 3 8. Except as otherwise provided in the power 4 of attorney, an agent is not required to disclose 5 receipts, disbursements, or transactions conducted on 6 behalf of the principal unless ordered by a court or 7 requested by the principal, a guardian, a conservator, 8 another fiduciary acting for the principal, a 9 governmental agency having authority to protect 10 the welfare of the principal, or, upon the death of 11 the principal, by the personal representative or a 12 successor in interest of the principal’s estate. If an 13 agent receives a request to disclose such information, 14 the agent shall comply with the request within thirty 15 days of the request or provide a writing or other 16 record substantiating why additional time is necessary. 17 Such additional time shall not exceed thirty days. 18 Sec. 17. NEW SECTION . 633B.115 Exoneration of 19 agent. 20 A provision in a power of attorney relieving an 21 agent of liability for breach of duty is binding on the 22 principal and the principal’s successors in interest 23 except to the extent the provision does any of the 24 following: 25 1. Relieves the agent of liability for a breach of 26 duty committed dishonestly, with an improper motive, or 27 with reckless indifference to the purposes of the power 28 of attorney or the best interest of the principal. 29 2. Was included in the power of attorney as a 30 result of an abuse of a confidential or fiduciary 31 relationship with the principal. 32 Sec. 18. NEW SECTION . 633B.116 Judicial relief. 33 1. The following persons may petition a court to 34 construe a power of attorney or to review an agent’s 35 conduct: 36 a. The principal or the agent. 37 b. A guardian, conservator, or other fiduciary 38 acting for the principal. 39 c. A person authorized to make health care 40 decisions for the principal. 41 d. The principal’s spouse, parent, or descendant or 42 an individual who would qualify as a presumptive heir 43 of the principal. 44 e. A person named as a beneficiary to receive 45 any property, benefit, or contractual right upon 46 the principal’s death or as a beneficiary of a trust 47 created by or for the principal that has a financial 48 interest in the principal’s estate. 49 f. A governmental agency having regulatory 50 -9- HF2422.3449 (2) 85 rh/rj 9/ 35

authority to protect the welfare of the principal. 1 g. The principal’s caregiver or another person that 2 demonstrates sufficient interest in the principal’s 3 welfare. 4 h. A person asked to accept the power of attorney. 5 i. A person designated by the principal in the 6 power of attorney. 7 2. Upon motion to dismiss by the principal, the 8 court shall dismiss a petition filed under this section 9 unless the court finds that the principal lacks the 10 capacity to revoke the agent’s authority or the power 11 of attorney. 12 3. The costs of an action under this section shall 13 be assessed against the principal or the principal’s 14 estate unless the court determines such costs and fees 15 should be assessed against the petitioner or the agent 16 for good cause shown. 17 Sec. 19. NEW SECTION . 633B.117 Agent’s liability. 18 An agent that violates this chapter is liable to the 19 principal or the principal’s successors in interest for 20 the amount required to do both of the following: 21 1. Restore the value of the principal’s property to 22 what it would have been had the violation not occurred. 23 2. Reimburse the principal or the principal’s 24 successors in interest for attorney fees and costs paid 25 on the agent’s behalf. 26 Sec. 20. NEW SECTION . 633B.118 Agent’s resignation 27 —— notice. 28 Unless the power of attorney provides for a 29 different method for an agent’s resignation, an agent 30 may resign by giving notice to the principal and, 31 if the principal is incapacitated, to any of the 32 following: 33 1. The conservator or guardian, if a conservator or 34 guardian has been appointed for the principal, and any 35 coagent or successor agent. 36 2. If there is no conservator, guardian, or coagent 37 or successor agent, the agent may give notice to any 38 of the following: 39 a. The principal’s caregiver. 40 b. Any other person reasonably believed by the 41 agent to have sufficient interest in the principal’s 42 welfare. 43 c. A governmental agency having regulatory 44 authority to protect the welfare of the principal. 45 Sec. 21. NEW SECTION . 633B.119 Acknowledged power 46 of attorney —— acceptance and reliance. 47 1. For purposes of this section and section 48 633B.120, “acknowledged” means purportedly verified 49 before a notary public or other individual authorized 50 -10- HF2422.3449 (2) 85 rh/rj 10/ 35

by law to take acknowledgments. 1 2. A person that in good faith accepts an 2 acknowledged power of attorney without actual knowledge 3 that the signature is not genuine may rely upon the 4 presumption under section 633B.105 that the signature 5 is genuine. 6 3. A person that in good faith accepts an 7 acknowledged power of attorney without actual knowledge 8 that the power of attorney is void, invalid, or 9 terminated, that the purported agent’s authority 10 is void, invalid, or terminated, or that the agent 11 is exceeding or improperly exercising the agent’s 12 authority may rely upon the power of attorney as if the 13 power of attorney were genuine, valid, and still in 14 effect, the agent’s authority were genuine, valid, and 15 still in effect, and the agent had not exceeded and had 16 not improperly exercised the authority. 17 4. A person that is asked to accept an acknowledged 18 power of attorney may request, and rely upon, all of 19 the following without further investigation: 20 a. An agent’s certification under penalty of 21 perjury of any factual matter concerning the principal, 22 agent, or power of attorney in substantially the same 23 form as set out in section 633B.302. 24 b. An English translation of the power of attorney 25 if the power of attorney contains, in whole or in part, 26 language other than English. 27 c. An opinion of agent’s counsel as to any matter 28 of law concerning the power of attorney if the person 29 making the request provides the reason for the request 30 in a writing or other record. 31 5. An English translation or an opinion of counsel 32 requested under this section shall be provided at the 33 principal’s expense unless the request is made more 34 than seven business days after the power of attorney is 35 presented for acceptance. 36 6. For purposes of this section and section 37 633B.120, a person who conducts activities through an 38 employee is without actual knowledge of a fact relating 39 to a power of attorney, a principal, or an agent if the 40 employee conducting the transaction involving the power 41 of attorney is without actual knowledge of the fact. 42 Sec. 22. NEW SECTION . 633B.120 Refusal to accept 43 acknowledged power of attorney —— liability. 44 1. Except as otherwise provided in subsection 2, 45 all of the following shall apply to a person’s actions 46 regarding an acknowledged power of attorney: 47 a. A person shall either accept an acknowledged 48 power of attorney or request a certification, a 49 translation, or an opinion of counsel under section 50 -11- HF2422.3449 (2) 85 rh/rj 11/ 35

633B.119, subsection 4, no later than seven business 1 days after presentation of the power of attorney for 2 acceptance. 3 b. If a person requests a certification, a 4 translation, or an opinion of counsel under section 5 633B.119, subsection 4, the person shall accept the 6 power of attorney no later than five business days 7 after receipt of the certification, translation, or 8 opinion of counsel. 9 c. A person shall not require an additional or 10 different form of power of attorney for authority 11 granted in the power of attorney presented. 12 2. A person is not required to accept an 13 acknowledged power of attorney if any of the following 14 occur: 15 a. The person is not otherwise required to engage 16 in a transaction with the principal in the same 17 circumstances. 18 b. Engaging in a transaction with the agent or 19 the principal in the same circumstances would be 20 inconsistent with federal law. 21 c. The person has actual knowledge of the 22 termination of the agent’s authority or of the power of 23 attorney before exercise of the power. 24 d. A request for a certification, a translation, 25 or an opinion of counsel under section 633B.119, 26 subsection 4, is refused. 27 e. The person in good faith believes that the 28 power is not valid or that the agent does not have the 29 authority to perform the act requested, whether or 30 not a certification, a translation, or an opinion of 31 counsel under section 633B.119, subsection 4, has been 32 requested or provided. 33 f. The person makes, or has actual knowledge that 34 another person has made, a report to the department 35 of human services stating a good-faith belief that 36 the principal may be subject to physical or financial 37 abuse, neglect, exploitation, or abandonment by the 38 agent or a person acting for or with the agent. 39 3. A person that refuses to accept an acknowledged 40 power of attorney in violation of this section is 41 subject to both of the following: 42 a. A court order mandating acceptance of the power 43 of attorney. 44 b. Liability for damages sustained by the principal 45 for reasonable attorney fees and costs incurred in any 46 action or proceeding that confirms the validity of 47 the power of attorney or mandates acceptance of the 48 power of attorney, provided that any such action must 49 be brought within one year of the initial request for 50 -12- HF2422.3449 (2) 85 rh/rj 12/ 35

acceptance of the power of attorney. 1 Sec. 23. NEW SECTION . 633B.121 Principles of law 2 and equity. 3 Unless displaced by a provision of this chapter, the 4 principles of law and equity supplement this chapter. 5 Sec. 24. NEW SECTION . 633B.122 Laws applicable to 6 financial institutions and entities. 7 This chapter does not supersede any other law 8 applicable to financial institutions or other entities, 9 and the other law controls if inconsistent with this 10 chapter. 11 Sec. 25. NEW SECTION . 633B.123 Remedies under 12 other law. 13 The remedies under this chapter are not exclusive 14 and do not abrogate any right or remedy under the law 15 of this state other than this chapter. 16 Sec. 26. NEW SECTION . 633B.201 Authority —— 17 specific and general. 18 1. An agent under a power of attorney may do 19 any of the following on behalf of the principal or 20 with the principal’s property only if the power of 21 attorney expressly grants the agent the authority 22 and the exercise of the authority is not otherwise 23 prohibited by another agreement or instrument to which 24 the authority or property is subject: 25 a. Create, amend, revoke, or terminate an inter 26 vivos trust. 27 b. Make a gift. 28 c. Create or change rights of survivorship. 29 d. Create or change a beneficiary designation. 30 e. Delegate authority granted under the power of 31 attorney. 32 f. Waive the principal’s right to be a beneficiary 33 of a joint and survivor annuity, including but not 34 limited to a survivor benefit under a retirement plan. 35 g. Exercise fiduciary powers that the principal has 36 authority to delegate. 37 h. Disclaim property, including but not limited to 38 a power of appointment. 39 2. Notwithstanding a grant of authority to do an 40 act described in subsection 1, unless the power of 41 attorney otherwise provides, an agent that is not an 42 ancestor, spouse, or descendant of the principal shall 43 not exercise authority under a power of attorney to 44 create in the agent, or in an individual to whom the 45 agent owes a legal obligation of support, an interest 46 in the principal’s property, whether by gift, right of 47 survivorship, beneficiary designation, disclaimer, or 48 otherwise. 49 3. Subject to subsections 1, 2, 4, and 5, if a 50 -13- HF2422.3449 (2) 85 rh/rj 13/ 35

power of attorney grants an agent authority to do 1 all acts that a principal could do, the agent has 2 the general authority described in sections 633B.204 3 through 633B.216. 4 4. Unless the power of attorney otherwise provides, 5 a grant of authority to make a gift is subject to 6 section 633B.217. 7 5. Subject to subsections 1, 2, and 4, if the 8 subjects over which authority is granted in a power of 9 attorney are similar or overlap, the broadest authority 10 controls. 11 6. Authority granted in a power of attorney is 12 exercisable with respect to property that the principal 13 has when the power of attorney is executed or acquires 14 later, whether or not the property is located in this 15 state and whether or not the authority is exercised or 16 the power of attorney is executed in this state. 17 7. An act performed by an agent pursuant to a 18 power of attorney has the same effect and inures 19 to the benefit of and binds the principal and the 20 principal’s successors in interest as if the principal 21 had performed the act. 22 Sec. 27. NEW SECTION . 633B.202 Incorporation of 23 authority. 24 1. An agent has authority described in this chapter 25 if the power of attorney refers to general authority 26 with respect to the descriptive term for the subjects 27 stated in sections 633B.204 through 633B.217 or cites 28 the section in which the authority is described. 29 2. A reference in a power of attorney to general 30 authority with respect to the descriptive term for a 31 subject stated in sections 633B.204 through 633B.217 or 32 a citation to a section in sections 633B.204 through 33 633B.217 incorporates the entire section as if it were 34 set out in full in the power of attorney. 35 3. A principal may modify authority incorporated 36 by reference. 37 Sec. 28. NEW SECTION . 633B.203 Construction of 38 authority generally. 39 Except as otherwise provided in the power of 40 attorney, by executing a power of attorney that 41 incorporates by reference a subject described in 42 sections 633B.204 through 633B.217 or that grants 43 an agent authority to do all acts that a principal 44 could do pursuant to section 633B.201, subsection 3, a 45 principal authorizes the agent, with respect to that 46 subject, to do all of the following: 47 1. Demand, receive, and obtain by litigation or 48 otherwise, money or another thing of value to which the 49 principal is, may become, or claims to be entitled, and 50 -14- HF2422.3449 (2) 85 rh/rj 14/ 35

conserve, invest, disburse, or use anything so received 1 or obtained for the purposes intended. 2 2. Contract in any manner with any person, on terms 3 agreeable to the agent, to accomplish a purpose of a 4 transaction and perform, rescind, cancel, terminate, 5 reform, restate, release, or modify the contract or 6 another contract made by or on behalf of the principal. 7 3. Execute, acknowledge, seal, deliver, file, 8 or record any instrument or communication the agent 9 considers desirable to accomplish a purpose of a 10 transaction, including but not limited to creating 11 at any time a schedule listing some or all of the 12 principal’s property and attaching the instrument of 13 communication to the power of attorney. 14 4. Initiate, participate in, submit to alternative 15 dispute resolution, settle, oppose, or propose or 16 accept a compromise with respect to a claim existing 17 in favor of or against the principal or intervene in 18 litigation relating to the claim. 19 5. Seek on the principal’s behalf the assistance of 20 a court or other governmental agency to carry out an 21 act authorized in the power of attorney. 22 6. Engage, compensate, and discharge an attorney, 23 accountant, discretionary investment manager, expert 24 witness, or other advisor. 25 7. Prepare, execute, and file a record, report, or 26 other document to safeguard or promote the principal’s 27 interest under a statute, rule, or regulation. 28 8. Communicate with any representative or employee 29 of a government or governmental subdivision, agency, or 30 instrumentality, on behalf of the principal. 31 9. Access communications intended for, and 32 communicate on behalf of the principal, whether by 33 mail, electronic transmission, telephone, or other 34 means. 35 10. Do any lawful act with respect to the subject 36 and all property related to the subject. 37 Sec. 29. NEW SECTION . 633B.204 Real property. 38 Unless the power of attorney otherwise provides and 39 subject to section 633B.201, language in a power of 40 attorney granting general authority with respect to 41 real property authorizes the agent to do all of the 42 following: 43 1. Demand, buy, lease, receive, accept as a gift or 44 as security for an extension of credit, or otherwise 45 acquire or reject an interest in real property or a 46 right incident to real property. 47 2. Sell; exchange; convey with or without 48 covenants, representations, or warranties; quitclaim; 49 release; surrender; retain title for security; 50 -15- HF2422.3449 (2) 85 rh/rj 15/ 35