House Amendment to Senate File 2168 S-5101 Amend Senate File 2168, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < Section 1. Section 144A.7, subsection 1, paragraph 5 a, Code 2014, is amended to read as follows: 6 a. The attorney in fact designated to make 7 treatment decisions for the patient should such person 8 be diagnosed as suffering from a terminal condition, if 9 the designation is in writing and complies with chapter 10 144B or section 633B.1 . 11 Sec. 2. Section 231E.3, subsection 15, Code 2014, 12 is amended to read as follows: 13 15. “Power of attorney” means a durable power of 14 attorney for health care as defined in section 144B.1 15 or a power of attorney that becomes effective upon the 16 disability of the principal as described in section 17 633B.1 executed pursuant to chapter 633B . 18 Sec. 3. NEW SECTION . 633B.101 Title. 19 This chapter shall be known and may be cited as the 20 “Iowa Uniform Power of Attorney Act” . 21 Sec. 4. NEW SECTION . 633B.102 Definitions. 22 1. “Agent” means a person granted authority to act 23 for a principal under a power of attorney, whether 24 denominated an agent, attorney in fact, or otherwise. 25 The term includes an original agent, coagent, successor 26 agent, and a person to which an agent’s authority is 27 delegated. 28 2. “Conservator” or “conservatorship” means a 29 conservator appointed or conservatorship established 30 pursuant to sections 633.570 and 633.572 or a similar 31 provision of the laws of another state. 32 3. “Durable” , with respect to a power of attorney, 33 means not terminated by the principal’s incapacity. 34 4. “Electronic” means relating to technology having 35 electrical, digital, magnetic, wireless, optical, 36 electromagnetic, or similar capabilities. 37 5. “Good faith” means honesty in fact. 38 6. “Guardian” or “guardianship” means a guardian 39 appointed or a guardianship established pursuant to 40 sections 633.556 and 633.560 or a similar provision of 41 the laws of another state. 42 7. “Incapacity” means the inability of an 43 individual to manage property or business affairs 44 because the individual is any of the following: 45 a. An individual whose decision-making capacity 46 is so impaired that the individual is unable to 47 make, communicate, or carry out important decisions 48 concerning the individual’s financial affairs. 49 b. Detained or incarcerated in a penal system. 50 -1- SF2168.3606.H (1) 85 md 1/ 35 #1.

c. Outside the United States and unable to return. 1 8. “Person” means an individual, corporation, 2 business trust, estate, trust, partnership, limited 3 liability company, association, joint venture, public 4 corporation, government or governmental subdivision, 5 agency, or instrumentality, or any other legal or 6 commercial entity. 7 9. “Power of attorney” means a writing that grants 8 authority to an agent to act in the place of the 9 principal, whether or not the term “power of attorney” 10 is used. 11 10. “Presently exercisable general power of 12 appointment” , with respect to property or a property 13 interest subject to a power of appointment, means 14 power exercisable at the time in question to vest 15 absolute ownership in the principal individually, the 16 principal’s estate, the principal’s creditors, or the 17 creditors of the principal’s estate. The term includes 18 a power of appointment not exercisable until the 19 occurrence of a specified event, the satisfaction of an 20 ascertainable standard, or the passage of a specified 21 period of time only after the occurrence of the 22 specified event, the satisfaction of the ascertainable 23 standard, or the passage of the specified period of 24 time. The term does not include a power exercisable in 25 a fiduciary capacity or only by will. 26 11. “Principal” means an individual who grants 27 authority to an agent in a power of attorney. 28 12. “Property” means anything that may be the 29 subject of ownership, whether real or personal, or 30 legal or equitable, or any interest or right therein. 31 13. “Record” means information that is inscribed on 32 a tangible medium or that is stored in an electronic or 33 other medium and is retrievable in perceivable form. 34 14. “Sign” means, with present intent to 35 authenticate or adopt a record, to do any of the 36 following: 37 a. Execute or adopt a tangible symbol. 38 b. Attach to or logically associate with the record 39 an electronic sound, symbol, or process. 40 15. “State” means a state of the United States, the 41 District of Columbia, Puerto Rico, the United States 42 Virgin Islands, or any territory or insular possession 43 subject to the jurisdiction of the United States. 44 16. “Stocks and bonds” means stocks, bonds, mutual 45 funds, and all other types of securities and financial 46 instruments, whether held directly, indirectly, or in 47 any other manner. The term does not include commodity 48 futures contracts and call or put options on stocks or 49 stock indexes. 50 -2- SF2168.3606.H (1) 85 md 2/ 35

Sec. 5. NEW SECTION . 633B.103 Applicability. 1 This chapter applies to all powers of attorney 2 except for the following: 3 1. A power to the extent it is coupled with an 4 interest of the agent in the subject of the power, 5 including but not limited to a power given to or for 6 the benefit of a creditor in connection with a credit 7 transaction. 8 2. A power to make health care decisions. 9 3. A proxy or other delegation to exercise voting 10 rights or management rights with respect to an entity. 11 4. A power created on a form prescribed by a 12 government or governmental subdivision, agency, or 13 instrumentality for a governmental purpose. 14 Sec. 6. NEW SECTION . 633B.104 Durability of power 15 of attorney. 16 A power of attorney created under this chapter 17 is durable unless the power of attorney expressly 18 provides that it is terminated by the incapacity of the 19 principal. 20 Sec. 7. NEW SECTION . 633B.105 Execution. 21 A power of attorney must be signed by the principal 22 or in the principal’s conscious presence by another 23 individual, other than any prospective agent, directed 24 by the principal to sign the principal’s name on 25 the power of attorney. A power of attorney must be 26 acknowledged before a notary public or other individual 27 authorized by law to take acknowledgments. An agent 28 named in the power of attorney shall not notarize the 29 principal’s signature. An acknowledged signature on a 30 power of attorney is presumed to be genuine. 31 Sec. 8. NEW SECTION . 633B.106 Validity. 32 1. A power of attorney executed in this state on or 33 after July 1, 2014, is valid if the execution of the 34 power of attorney complies with section 633B.105. 35 2. A power of attorney executed in this state 36 before July 1, 2014, is valid if the execution of the 37 power of attorney complied with the law of this state 38 as it existed at the time of execution. 39 3. A power of attorney executed other than in this 40 state is valid in this state if, when the power of 41 attorney was executed, the execution complied with any 42 of the following: 43 a. The law of the jurisdiction that determines the 44 meaning and effect of the power of attorney pursuant 45 to section 633B.107. 46 b. The requirements for a military power of 47 attorney pursuant to 10 U.S.C. §1044b, as amended. 48 4. Except as otherwise provided by law, a photocopy 49 or electronically transmitted copy of an original power 50 -3- SF2168.3606.H (1) 85 md 3/ 35

of attorney has the same effect as the original. 1 Sec. 9. NEW SECTION . 633B.107 Meaning and effect. 2 The meaning and effect of a power of attorney is 3 determined by the law of the jurisdiction indicated 4 in the power of attorney and, in the absence of 5 an indication of jurisdiction, by the law of the 6 jurisdiction in which the power of attorney was 7 executed. 8 Sec. 10. NEW SECTION . 633B.108 Nomination 9 of conservator or guardian —— relation of agent to 10 court-appointed fiduciary. 11 1. Under a power of attorney, a principal may 12 nominate a conservator of the principal’s estate or 13 guardian of the principal’s person for consideration 14 by the court if proceedings for the principal’s 15 estate or person are begun after the principal 16 executes the power of attorney. Except for good cause 17 shown or disqualification, the court shall make its 18 appointment in accordance with the principal's most 19 recent nomination. This section does not prohibit an 20 individual from executing a petition for the voluntary 21 appointment of a guardian or conservator on a standby 22 basis pursuant to sections 633.560 and 633.591. 23 2. If, after a principal executes a power of 24 attorney, a court appoints a conservator of the 25 principal’s estate or other fiduciary charged with 26 the management of some or all of the principal’s 27 property, the power of attorney is suspended unless 28 the power of attorney provides otherwise or unless the 29 court appointing the conservator decides the power of 30 attorney should continue. If the power of attorney 31 continues, the agent is accountable to the fiduciary as 32 well as to the principal. The power of attorney shall 33 be reinstated upon termination of the conservatorship 34 as a result of the principal regaining capacity. 35 Sec. 11. NEW SECTION . 633B.109 When power of 36 attorney effective. 37 1. A power of attorney is effective when executed 38 unless the principal provides in the power of attorney 39 that it becomes effective at a future date or upon the 40 occurrence of a future event or contingency. 41 2. If a power of attorney becomes effective upon 42 the occurrence of a future event or contingency, the 43 principal, in the power of attorney, may authorize one 44 or more persons to determine in a writing or other 45 record that the event or contingency has occurred. 46 3. If a power of attorney becomes effective upon 47 the principal’s incapacity and the principal has not 48 authorized a person to determine whether the principal 49 is incapacitated or the person authorized is unable 50 -4- SF2168.3606.H (1) 85 md 4/ 35

or unwilling to make the determination, the power of 1 attorney becomes effective upon a determination in a 2 writing or other record by the occurrence of any of the 3 following: 4 a. A licensed physician or licensed psychologist 5 determines that the principal is incapacitated. 6 b. A judge, or an appropriate governmental official 7 determines that the principal is incapacitated. 8 4. A person authorized by the principal in the 9 power of attorney to determine that the principal is 10 incapacitated may act as the principal’s personal 11 representative pursuant to the federal Health Insurance 12 Portability and Accountability Act of 1996, Pub. L. No. 13 104-191, including amendments thereto and regulations 14 promulgated thereunder, to obtain access to the 15 principal’s health care information and to communicate 16 with the principal’s health care provider. 17 Sec. 12. NEW SECTION . 633B.110 Termination —— 18 power of attorney or agent authority. 19 1. A power of attorney terminates when any of the 20 following occur: 21 a. The principal dies. 22 b. The principal becomes incapacitated, if the 23 power of attorney is not durable. 24 c. The principal revokes the power of attorney. 25 d. The power of attorney provides that it 26 terminates. 27 e. The purpose of the power of attorney is 28 accomplished. 29 f. The principal revokes the agent’s authority 30 or the agent dies, becomes incapacitated, or resigns, 31 and the power of attorney does not provide for another 32 agent to act under the power of attorney. 33 2. An agent’s authority terminates when any of the 34 following occur: 35 a. The principal revokes the authority. 36 b. The agent dies, becomes incapacitated, or 37 resigns. 38 c. An action is filed for the dissolution or 39 annulment of the agent’s marriage to the principal 40 or for their legal separation, unless the power of 41 attorney otherwise provides. 42 d. The power of attorney terminates. 43 3. Unless the power of attorney otherwise 44 provides, an agent’s authority is exercisable until 45 the agent’s authority terminates under subsection 2, 46 notwithstanding a lapse of time since the execution of 47 the power of attorney. 48 4. Termination of a power of attorney or an agent’s 49 authority under this section is not effective as to the 50 -5- SF2168.3606.H (1) 85 md 5/ 35

agent or another person that, without actual knowledge 1 of the termination, acts in good faith under the power 2 of attorney. An act so performed, unless otherwise 3 invalid or unenforceable, binds the principal and the 4 principal’s successors in interest. 5 5. Incapacity of the principal of a power of 6 attorney that is not durable does not revoke or 7 terminate the power of attorney as to an agent or 8 other person that, without actual knowledge of the 9 incapacity, acts in good faith under the power of 10 attorney. An act so performed, unless otherwise 11 invalid or unenforceable, binds the principal and the 12 principal’s successors in interest. 13 6. Except as provided in section 633B.103, the 14 execution of a general or plenary power of attorney 15 revokes all general or plenary powers of attorney 16 previously executed in this state by the principal, 17 but does not revoke a power of attorney limited to a 18 specific and identifiable action or transaction, which 19 action or transaction is still capable of performance 20 but has not yet been fully accomplished by the agent. 21 Sec. 13. NEW SECTION . 633B.111 Coagents and 22 successor agents. 23 1. A principal may designate two or more persons 24 to act as coagents. Unless the power of attorney 25 otherwise provides, all of the following apply to 26 actions of coagents: 27 a. A power held by coagents shall be exercised by 28 majority action. 29 b. If impasse occurs due to the failure to reach 30 a majority decision, any agent may petition the court 31 to decide the issue, or a majority of the agents may 32 consent to an alternative form of dispute resolution. 33 c. If one or more agents resigns or becomes unable 34 to act, the remaining coagents may act. 35 2. A principal may designate one or more successor 36 agents to act if an agent resigns, dies, becomes 37 incapacitated, is not qualified to serve, or declines 38 to serve. A principal may grant authority to designate 39 one or more successor agents to an agent or other 40 person designated by name, office, or function. Unless 41 the power of attorney otherwise provides, a successor 42 agent: 43 a. Has the same authority as that granted to the 44 original agent. 45 b. Shall not act until all predecessor agents have 46 resigned, died, become incapacitated, are no longer 47 qualified to serve, or have declined to serve. 48 3. Except as otherwise provided in the power of 49 attorney and subsection 4, an agent that does not 50 -6- SF2168.3606.H (1) 85 md 6/ 35

participate in or conceal a breach of fiduciary duty 1 committed by another agent, including a predecessor 2 agent, is not liable for the actions of the other 3 agent. 4 4. An agent with actual knowledge of a breach or 5 imminent breach of fiduciary duty by another agent 6 shall notify the principal and, if the principal is 7 incapacitated, take any action reasonably appropriate 8 in the circumstances to safeguard the principal’s best 9 interest. An agent that fails to notify the principal 10 or take action as required by this subsection is liable 11 for the reasonably foreseeable damages that could have 12 been avoided if the agent had notified the principal 13 or taken such action. 14 Sec. 14. NEW SECTION . 633B.112 Reimbursement and 15 compensation of agent. 16 Unless the power of attorney otherwise provides, an 17 agent who is an individual is entitled to reimbursement 18 of expenses reasonably incurred on behalf of the 19 principal but not to compensation. If a power of 20 attorney does provide for compensation or if the agent 21 is a bank or trust company authorized to administer 22 trusts in Iowa, the compensation must be reasonable 23 under the circumstances. 24 Sec. 15. NEW SECTION . 633B.113 Agent’s acceptance. 25 Except as otherwise provided in the power of 26 attorney, a person accepts appointment as an agent 27 under a power of attorney by exercising authority or 28 performing duties as an agent or by any other assertion 29 or conduct indicating acceptance. 30 Sec. 16. NEW SECTION . 633B.114 Agent’s duties. 31 1. Notwithstanding provisions in the power of 32 attorney, an agent that has accepted appointment shall 33 act in conformity with all of the following: 34 a. In accordance with the principal’s reasonable 35 expectations to the extent actually known by the agent 36 and otherwise in the principal’s best interest. 37 b. In good faith. 38 c. Only within the scope of authority granted in 39 the power of attorney. 40 2. Except as otherwise provided in the power of 41 attorney, an agent that has accepted appointment shall 42 do all of the following: 43 a. Act loyally for the principal’s benefit. 44 b. Act so as not to create a conflict of interest 45 that impairs the agent’s ability to act impartially in 46 the principal’s best interest. 47 c. Act with the care, competence, and diligence 48 ordinarily exercised by agents in similar 49 circumstances. 50 -7- SF2168.3606.H (1) 85 md 7/ 35

d. Keep a record of all receipts, disbursements, 1 and transactions made on behalf of the principal. 2 e. Cooperate with a person that has authority to 3 make health care decisions for the principal to carry 4 out the principal’s reasonable expectations to the 5 extent actually known by the agent and, otherwise, act 6 in the principal’s best interest. 7 f. Attempt to preserve the principal’s estate 8 plan, to the extent actually known by the agent, if 9 preserving the plan is consistent with the principal’s 10 best interest based upon all relevant factors, 11 including all of the following: 12 (1) The value and nature of the principal’s 13 property. 14 (2) The principal’s foreseeable obligations and 15 need for maintenance. 16 (3) Minimization of the principal’s 17 taxes, including income, estate, inheritance, 18 generation-skipping transfer, and gift taxes. 19 (4) The principal’s eligibility for a benefit, a 20 program, or assistance under a statute or regulation 21 or contract. 22 3. An agent that acts in good faith is not liable 23 to any beneficiary under the principal’s estate plan 24 for failure to preserve the plan. 25 4. An agent that acts with care, competence, and 26 diligence for the best interest of the principal is not 27 liable solely because the agent also benefits from the 28 act or has an individual or conflicting interest in 29 relation to the property or affairs of the principal. 30 5. If an agent is selected by the principal because 31 of special skills or expertise possessed by the agent 32 or in reliance on the agent’s representation that the 33 agent has special skills or expertise, the special 34 skills or expertise shall be considered in determining 35 whether the agent has acted with care, competence, and 36 diligence under the circumstances. 37 6. Absent a breach of duty to the principal, an 38 agent is not liable if the value of the principal’s 39 property declines. 40 7. An agent that exercises authority to delegate to 41 another person the authority granted by the principal 42 or that engages another person on behalf of the 43 principal is not liable for an act, error of judgment, 44 or default of that person if the agent exercises care, 45 competence, and diligence in selecting and monitoring 46 the person. 47 8. Except as otherwise provided in the power 48 of attorney, an agent is not required to disclose 49 receipts, disbursements, or transactions conducted on 50 -8- SF2168.3606.H (1) 85 md 8/ 35

behalf of the principal unless ordered by a court or 1 requested by the principal, a conservator, another 2 fiduciary acting for the principal, a governmental 3 agency having authority to protect the welfare of the 4 principal, or, upon the death of the principal, by the 5 personal representative or a successor in interest of 6 the principal’s estate. If an agent receives a request 7 to disclose such information, the agent shall comply 8 with the request within thirty days of the request or 9 provide a writing or other record substantiating why 10 additional time is necessary. Such additional time 11 shall not exceed thirty days. 12 Sec. 17. NEW SECTION . 633B.115 Exoneration of 13 agent. 14 A provision in a power of attorney relieving an 15 agent of liability for breach of duty is binding on the 16 principal and the principal’s successors in interest 17 except to the extent the provision does any of the 18 following: 19 1. Relieves the agent of liability for a breach 20 of duty committed in bad faith, with an improper 21 motive, or with reckless indifference to the purposes 22 of the power of attorney or the best interest of the 23 principal. 24 2. Was included in the power of attorney as a 25 result of an abuse of a confidential or fiduciary 26 relationship with the principal. 27 Sec. 18. NEW SECTION . 633B.116 Judicial relief. 28 1. The following persons may petition a court to 29 construe a power of attorney or to review an agent’s 30 conduct: 31 a. The principal or the agent. 32 b. A guardian, conservator, or other fiduciary 33 acting for the principal. 34 c. A person authorized to make health care 35 decisions for the principal. 36 d. The principal’s spouse, parent, or descendant or 37 an individual who would qualify as a presumptive heir 38 of the principal. 39 e. A person named as a beneficiary to receive 40 any property, benefit, or contractual right upon 41 the principal’s death or as a beneficiary of a trust 42 created by or for the principal that has a financial 43 interest in the principal’s estate. 44 f. A governmental agency having regulatory 45 authority to protect the welfare of the principal. 46 g. The principal’s caregiver, including but not 47 limited to a caretaker as defined in section 235B.2 or 48 235E.1, or another person that demonstrates sufficient 49 interest in the principal’s welfare. 50 -9- SF2168.3606.H (1) 85 md 9/ 35

h. A person asked to accept the power of attorney. 1 i. A person designated by the principal in the 2 power of attorney. 3 2. Upon motion to dismiss by the principal, the 4 court shall dismiss a petition filed under this section 5 unless the court finds that the principal lacks the 6 capacity to revoke the agent’s authority or the power 7 of attorney. 8 3. The court may award reasonable attorney fees and 9 costs to the prevailing party in a proceeding under 10 this section. 11 Sec. 19. NEW SECTION . 633B.117 Agent’s liability. 12 An agent that violates this chapter is liable to the 13 principal or the principal’s successors in interest for 14 the amount required to do both of the following: 15 1. Restore the value of the principal’s property to 16 what it would have been had the violation not occurred. 17 2. Reimburse the principal or the principal’s 18 successors in interest for attorney fees and costs paid 19 on the agent’s behalf. 20 Sec. 20. NEW SECTION . 633B.118 Agent’s resignation 21 —— notice. 22 Unless the power of attorney provides for a 23 different method for an agent’s resignation, an agent 24 may resign by giving notice to the principal and, 25 if the principal is incapacitated, to any of the 26 following: 27 1. The conservator or guardian, if a conservator or 28 guardian has been appointed for the principal, and any 29 coagent or successor agent. 30 2. If there is no conservator, guardian, or coagent 31 or successor agent, the agent may give notice to any 32 of the following: 33 a. The principal’s caregiver, including but not 34 limited to a caretaker as defined in section 235B.2 or 35 235E.1. 36 b. Any other person reasonably believed by the 37 agent to have sufficient interest in the principal’s 38 welfare. 39 c. A governmental agency having regulatory 40 authority to protect the welfare of the principal. 41 Sec. 21. NEW SECTION . 633B.119 Acknowledged power 42 of attorney —— acceptance and reliance. 43 1. For purposes of this section and section 44 633B.120, “acknowledged” means purportedly verified 45 before a notary public or other individual authorized 46 by law to take acknowledgments. 47 2. A person that in good faith accepts an 48 acknowledged power of attorney without actual knowledge 49 that the signature is not genuine may rely upon the 50 -10- SF2168.3606.H (1) 85 md 10/ 35

presumption under section 633B.105 that the signature 1 is genuine. 2 3. A person that in good faith accepts an 3 acknowledged power of attorney without actual knowledge 4 that the power of attorney is void, invalid, or 5 terminated, that the purported agent’s authority 6 is void, invalid, or terminated, or that the agent 7 is exceeding or improperly exercising the agent’s 8 authority may rely upon the power of attorney as if the 9 power of attorney were genuine, valid, and still in 10 effect, the agent’s authority were genuine, valid, and 11 still in effect, and the agent had not exceeded and had 12 not improperly exercised the authority. 13 4. A person that is asked to accept an acknowledged 14 power of attorney may request, and rely upon, all of 15 the following without further investigation: 16 a. An agent’s certification under penalty of 17 perjury of any factual matter concerning the principal, 18 agent, or power of attorney in substantially the same 19 form as set out in section 633B.302. 20 b. An English translation of the power of attorney 21 if the power of attorney contains, in whole or in part, 22 language other than English. 23 c. An opinion of agent’s counsel as to any matter 24 of law concerning the power of attorney if the person 25 making the request provides the reason for the request 26 in a writing or other record. 27 5. An English translation or an opinion of counsel 28 requested under this section shall be provided at the 29 principal’s expense unless the request is made more 30 than ten business days after the power of attorney is 31 presented for acceptance. 32 6. For purposes of this section and section 33 633B.120, a person who conducts activities through an 34 employee is without actual knowledge of a fact relating 35 to a power of attorney, a principal, or an agent if the 36 employee conducting the transaction involving the power 37 of attorney is without actual knowledge of the fact. 38 Sec. 22. NEW SECTION . 633B.120 Refusal to accept 39 acknowledged power of attorney —— liability. 40 1. Except as otherwise provided in subsection 2, 41 all of the following shall apply to a person’s actions 42 regarding an acknowledged power of attorney: 43 a. A person shall either accept an acknowledged 44 power of attorney or request a certification, a 45 translation, or an opinion of counsel under section 46 633B.119, subsection 4, no later than seven business 47 days after presentation of the power of attorney for 48 acceptance. 49 b. If a person requests a certification, a 50 -11- SF2168.3606.H (1) 85 md 11/ 35

translation, or an opinion of counsel under section 1 633B.199, subsection 4, the person shall accept the 2 power of attorney no later than five business days 3 after receipt of the certification, translation, or 4 opinion of counsel. 5 c. A person shall not require an additional or 6 different form of power of attorney for authority 7 granted in the power of attorney presented unless an 8 exception in subsection 2 applies. 9 2. A person is not required to accept an 10 acknowledged power of attorney if any of the following 11 occur: 12 a. The person is not otherwise required to engage 13 in a transaction with the principal in the same 14 circumstances. 15 b. Engaging in a transaction with the agent or 16 the principal in the same circumstances would be 17 inconsistent with federal law. 18 c. The person has actual knowledge of the 19 termination of the agent’s authority or of the power of 20 attorney before exercise of the power. 21 d. A request for a certification, a translation, 22 or an opinion of counsel under section 633B.119, 23 subsection 4, is refused. 24 e. The person in good faith believes that the 25 power of attorney is not valid or that the agent does 26 not have the authority to perform the act requested, 27 or that the power of attorney does not comply with 28 federal or state law or regulations, whether or not 29 a certification, a translation, or an opinion of 30 counsel under section 633B.119, subsection 4, has been 31 requested or provided. 32 f. The person makes, or has actual knowledge that 33 another person has made, a report to the department 34 of human services stating a good-faith belief that 35 the principal may be subject to physical or financial 36 abuse, neglect, exploitation, or abandonment by the 37 agent or a person acting for or with the agent. 38 3. A person that refuses to accept an acknowledged 39 power of attorney in violation of this section is 40 subject to both of the following: 41 a. A court order mandating acceptance of the power 42 of attorney. 43 b. Liability for damages sustained by the principal 44 for reasonable attorney fees and costs incurred in any 45 action or proceeding that confirms the validity of 46 the power of attorney or mandates acceptance of the 47 power of attorney, provided that any such action must 48 be brought within one year of the initial request for 49 acceptance of the power of attorney. 50 -12- SF2168.3606.H (1) 85 md 12/ 35

Sec. 23. NEW SECTION . 633B.121 Principles of law 1 and equity. 2 Unless displaced by a provision of this chapter, the 3 principles of law and equity supplement this chapter. 4 Sec. 24. NEW SECTION . 633B.122 Laws applicable to 5 financial institutions and entities. 6 This chapter does not supersede any other law 7 applicable to financial institutions or other entities, 8 and the other law controls if inconsistent with this 9 chapter. 10 Sec. 25. NEW SECTION . 633B.123 Remedies under 11 other law. 12 The remedies under this chapter are not exclusive 13 and do not abrogate any right or remedy under the law 14 of this state other than this chapter. 15 Sec. 26. NEW SECTION . 633B.201 Authority —— 16 specific and general. 17 1. An agent under a power of attorney may do 18 any of the following on behalf of the principal or 19 with the principal’s property only if the power of 20 attorney expressly grants the agent the authority 21 and the exercise of the authority is not otherwise 22 prohibited by another agreement or instrument to which 23 the authority or property is subject: 24 a. Create, amend, revoke, or terminate an inter 25 vivos trust. 26 b. Make a gift. 27 c. Create or change rights of survivorship. 28 d. Create or change a beneficiary designation. 29 e. Delegate authority granted under the power of 30 attorney. 31 f. Waive the principal’s right to be a beneficiary 32 of a joint and survivor annuity, including but not 33 limited to a survivor benefit under a retirement plan. 34 g. Exercise fiduciary powers that the principal has 35 authority to delegate. 36 h. Disclaim property, including but not limited to 37 a power of appointment. 38 2. Notwithstanding a grant of authority to do an 39 act described in subsection 1, unless the power of 40 attorney otherwise provides, an agent that is not an 41 ancestor, spouse, or descendant of the principal shall 42 not exercise authority under a power of attorney to 43 create in the agent, or in an individual to whom the 44 agent owes a legal obligation of support, an interest 45 in the principal’s property, whether by gift, right of 46 survivorship, beneficiary designation, disclaimer, or 47 otherwise. 48 3. Subject to subsections 1, 2, 4, and 5, if a 49 power of attorney grants an agent authority to do 50 -13- SF2168.3606.H (1) 85 md 13/ 35

all acts that a principal could do, the agent has 1 the general authority described in sections 633B.204 2 through 633B.216. 3 4. Unless the power of attorney otherwise provides, 4 a grant of authority to make a gift is subject to 5 section 633B.217. 6 5. Subject to subsections 1, 2, and 4, if the 7 subjects over which authority is granted in a power of 8 attorney are similar or overlap, the broadest authority 9 controls. 10 6. Authority granted in a power of attorney is 11 exercisable with respect to property that the principal 12 has when the power of attorney is executed or acquires 13 later, whether or not the property is located in this 14 state and whether or not the authority is exercised or 15 the power of attorney is executed in this state. 16 7. An act performed by an agent pursuant to a 17 power of attorney has the same effect and inures 18 to the benefit of and binds the principal and the 19 principal’s successors in interest as if the principal 20 had performed the act. 21 Sec. 27. NEW SECTION . 633B.202 Incorporation of 22 authority. 23 1. An agent has authority described in this chapter 24 if the power of attorney refers to general authority 25 with respect to the descriptive term for the subjects 26 stated in sections 633B.204 through 633B.217 or cites 27 the section in which the authority is described. 28 2. A reference in a power of attorney to general 29 authority with respect to the descriptive term for a 30 subject stated in sections 633B.204 through 633B.217 or 31 a citation to a section in sections 633B.204 through 32 633B.217 incorporates the entire section as if it were 33 set out in full in the power of attorney. 34 3. A principal may modify authority incorporated 35 by reference. 36 Sec. 28. NEW SECTION . 633B.203 Construction of 37 authority generally. 38 Except as otherwise provided in the power of 39 attorney, by executing a power of attorney that 40 incorporates by reference a subject described in 41 sections 633B.204 through 633B.217 or that grants 42 an agent authority to do all acts that a principal 43 could do pursuant to section 633B.201, subsection 3, a 44 principal authorizes the agent, with respect to that 45 subject, to do all of the following: 46 1. Demand, receive, and obtain by litigation or 47 otherwise, money or another thing of value to which the 48 principal is, may become, or claims to be entitled, and 49 conserve, invest, disburse, or use anything so received 50 -14- SF2168.3606.H (1) 85 md 14/ 35

or obtained for the purposes intended. 1 2. Contract in any manner with any person, on terms 2 agreeable to the agent, to accomplish a purpose of a 3 transaction and perform, rescind, cancel, terminate, 4 reform, restate, release, or modify the contract or 5 another contract made by or on behalf of the principal. 6 3. Execute, acknowledge, seal, deliver, file, 7 or record any instrument or communication the agent 8 considers desirable to accomplish a purpose of a 9 transaction, including but not limited to creating 10 at any time a schedule listing some or all of the 11 principal’s property and attaching the instrument of 12 communication to the power of attorney. 13 4. Initiate, participate in, submit to alternative 14 dispute resolution, settle, oppose, or propose or 15 accept a compromise with respect to a claim existing 16 in favor of or against the principal or intervene in 17 litigation relating to the claim. 18 5. Seek on the principal’s behalf the assistance of 19 a court or other governmental agency to carry out an 20 act authorized in the power of attorney. 21 6. Engage, compensate, and discharge an attorney, 22 accountant, discretionary investment manager, expert 23 witness, or other advisor. 24 7. Prepare, execute, and file a record, report, or 25 other document to safeguard or promote the principal’s 26 interest under a statute, rule, or regulation. 27 8. Communicate with any representative or employee 28 of a government or governmental subdivision, agency, or 29 instrumentality, on behalf of the principal. 30 9. Access communications intended for, and 31 communicate on behalf of the principal, whether by 32 mail, electronic transmission, telephone, or other 33 means. 34 10. Do any lawful act with respect to the subject 35 and all property related to the subject. 36 Sec. 29. NEW SECTION . 633B.204 Real property. 37 Unless the power of attorney otherwise provides and 38 subject to section 633B.201, language in a power of 39 attorney granting general authority with respect to 40 real property authorizes the agent to do all of the 41 following: 42 1. Demand, buy, lease, receive, accept as a gift or 43 as security for an extension of credit, or otherwise 44 acquire or reject an interest in real property or a 45 right incident to real property. 46 2. Sell; exchange; convey with or without 47 covenants, representations, or warranties; quitclaim; 48 release; surrender; retain title for security; 49 encumber; partition; consent to partitioning; be 50 -15- SF2168.3606.H (1) 85 md 15/ 35