Senate File 540 H-1231 Amend Senate File 540, as amended, passed, and reprinted by 1 the Senate, as follows: 2 1. By striking everything after the enacting clause and 3 inserting: 4 < Section 1. NEW SECTION . 633F.1 Definitions. 5 1. “Agent” means a person granted authority to act for a 6 parent under a power of attorney created under this chapter. 7 2. “Child” means a person under eighteen years of age. 8 3. “Power of attorney” means a writing that grants authority 9 to an agent to act in the place of a parent regarding the care 10 or custody of a child. 11 Sec. 2. NEW SECTION . 633F.2 Power of attorney —— temporary 12 delegation of parental authority. 13 1. A parent of a child, by a properly executed power 14 of attorney, may delegate to another person any authority 15 regarding the care or custody of the child except for any of 16 the following powers: 17 a. The power to consent to the child’s marriage. 18 b. The power to consent to the child’s adoption. 19 c. The power to consent to the performance or inducement of 20 an abortion on or for the child. 21 d. The power to consent to the termination of the parental 22 rights of a parent of the child. 23 e. The power to transfer the power of attorney to another 24 person unless the other person is designated as a successor 25 agent in the power of attorney. 26 f. The power to take the child outside of the child’s home 27 country. 28 2. A parent of a child shall not delegate any authority 29 regarding the care or custody of the child to any of the 30 following: 31 a. Another person who has been convicted of child 32 endangerment as defined in section 726.6. 33 b. Another person who has been convicted of human 34 trafficking in violation of section 710A.2. 35 -1- SF540.1887 (2) 88 hb/rh 1/ 8 #1.

c. Another person who is required to register for or is on 1 the sex offender registry under chapter 692A. 2 3. A power of attorney executed under this chapter must 3 be signed by all parents. The power of attorney must be 4 acknowledged before a notary public or other individual 5 authorized by law to take acknowledgments. An agent named 6 in the power of attorney shall not notarize the principal’s 7 signature. An acknowledged signature on a power of attorney is 8 presumed to be genuine. 9 4. A parent of the child shall have the authority to revoke 10 or terminate a power of attorney created under this chapter at 11 any time by giving notice of the revocation in writing to the 12 agent. 13 5. A power of attorney created under this chapter shall 14 be for a period of time not to exceed three months. A parent 15 of the child may execute a new power of attorney for an 16 additional period of three months, but in no case shall a power 17 of attorney created under this chapter be valid for more than 18 six months. If a parent revokes or terminates the power of 19 attorney, the child shall be returned to the care and custody 20 of the parent within twenty-four hours of the date of the 21 revocation or termination. 22 6. An agent shall exercise parental or legal authority on a 23 continuous basis without compensation for the duration of the 24 power of attorney and shall not be considered to be a foster 25 parent subject to licensure by the department of human services 26 pursuant to chapter 237. 27 7. A power of attorney executed under this chapter by a 28 parent shall not constitute abandonment, abuse, or neglect of 29 the child under chapter 232 by the parent unless the parent 30 fails to take custody of the child upon the expiration of the 31 power of attorney. 32 8. A power of attorney executed under this chapter by a 33 parent shall not be valid if the purpose is to avoid the filing 34 of a child in need of assistance petition. 35 -2- SF540.1887 (2) 88 hb/rh 2/ 8

9. This chapter shall not apply to a power of attorney 1 created pursuant to section 598C.204. 2 Sec. 3. NEW SECTION . 633F.3 Temporary delegation of 3 parental authority power of attorney —— form. 4 A document substantially in the following form may be used 5 to create a temporary delegation of parental authority power 6 of attorney that has the meaning and effect prescribed by this 7 chapter: 8 TEMPORARY DELEGATION OF PARENTAL AUTHORITY 9 POWER OF ATTORNEY FORM 10 1. POWER OF ATTORNEY 11 This power of attorney authorizes another person (your 12 agent) to make decisions concerning your child or children for 13 you (the principal). Your agent will be able to make decisions 14 and act with respect to your child or children. The meaning 15 of authority over the child or children listed on this form is 16 explained in Iowa Code chapter 633F. This power of attorney 17 does not grant the agent the power to consent to a child’s 18 marriage or adoption, to the performance or inducement of an 19 abortion on or for a child, to the termination of parental 20 rights of a parent of a child, to transfer the power of 21 attorney to a person other than to a person designated as a 22 successor agent in this power of attorney, or to take a child 23 outside of the child’s home country. 24 You should select someone you trust to serve as your agent. 25 Your agent is not entitled to compensation. 26 This form provides for designation of one agent. If you 27 wish to name more than one agent, you may name a coagent in the 28 optional Special Instructions. Coagents must act by majority 29 rule unless you provide otherwise in the optional Special 30 Instructions. 31 If your agent is unable or unwilling to act for you, your 32 power of attorney will end unless you have named a successor 33 agent. You may also name a second successor agent. 34 -3- SF540.1887 (2) 88 hb/rh 3/ 8

This power of attorney becomes effective immediately upon 1 signature and acknowledgment unless you state otherwise in the 2 optional Special Instructions. 3 If you have questions about this power of attorney or the 4 authority you are granting to your agent, you should seek legal 5 advice before signing this form. 6 DESIGNATION OF AGENT 7 I (we) _________________________ (name of principal or 8 principals) name the following person as my (our) agent: 9 Name of Agent ____________________________________________ 10 Agent’s Address __________________________________________ 11 Agent’s Telephone Number _________________________________ 12 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 13 If my (our) agent is unable or unwilling to act for me (us), 14 I (we) name as my (our) successor agent: 15 Name of Successor Agent __________________________________ 16 Successor Agent’s Address ________________________________ 17 Successor Agent’s Telephone Number _______________________ 18 If my (our) successor agent is unable or unwilling to act for 19 me (us), I (we) name as my (our) second successor agent: 20 Name of Second Successor Agent ___________________________ 21 Second Successor Agent’s Address _________________________ 22 Second Successor Agent’s Telephone Number ________________ 23 GRANT OF GENERAL AUTHORITY 24 I grant my agent and any successor agent general authority to 25 act for me with respect to my child or my children as defined in 26 Iowa Code chapter 633F. 27 CHILDREN’S INFORMATION AND SPECIAL INSTRUCTIONS 28 You may include the name and date of birth of each child and 29 may give special instructions on the following lines: 30 ___________________________________________________________ 31 ___________________________________________________________ 32 ___________________________________________________________ 33 ___________________________________________________________ 34 ___________________________________________________________ 35 -4- SF540.1887 (2) 88 hb/rh 4/ 8

___________________________________________________________ 1 ___________________________________________________________ 2 ___________________________________________________________ 3 ___________________________________________________________ 4 ___________________________________________________________ 5 ___________________________________________________________ 6 __________________________________________________________. 7 EFFECTIVE DATE 8 This power of attorney is effective immediately upon 9 signature and acknowledgment unless I (we) have stated 10 otherwise in the Special Instructions. 11 RELIANCE ON THIS POWER OF ATTORNEY 12 Any person, including my (our) agent, may rely upon the 13 validity of this power of attorney or a copy of it unless that 14 person knows it has terminated or is invalid. 15 SIGNATURE AND ACKNOWLEDGMENT 16 _____________________________ _________________________ 17 Signature (parent, guardian, custodian) Date 18 _____________________________ 19 Name Printed 20 _____________________________ 21 Signature (parent, if applicable) 22 _____________________________ 23 Name Printed 24 _____________________________ 25 _____________________________ 26 Address 27 _____________________________ 28 Telephone Number 29 State of ____________________ 30 County of ___________________ 31 This document was acknowledged before me on _______________ 32 (date), by __________________________ (name of principal) 33 _____________________________ (Seal, if any) 34 Signature of Notary 35 -5- SF540.1887 (2) 88 hb/rh 5/ 8

My commission expires ________________ 1 This document prepared by 2 ___________________________________________________________ 3 ___________________________________________________________ 4 2. IMPORTANT INFORMATION FOR AGENT 5 AGENT’S DUTIES 6 When you accept the authority granted under this power of 7 attorney, a special legal relationship is created between the 8 principal (principals) and you. This relationship imposes upon 9 you legal duties that continue until you resign or the power 10 of attorney is terminated or revoked. You must do all of the 11 following: 12 Act in good faith. 13 Do nothing beyond the authority granted in this power of 14 attorney. 15 Disclose your identity as an agent whenever you act for the 16 principal (principals) by writing or printing the name of the 17 principal (principals) and signing your own name as agent in 18 the following manner: 19 _______________________ (principal’s name or principals’ names) 20 by _______________________ (your signature) as Agent 21 Unless the Special Instructions in this power of attorney 22 state otherwise, you must also do all of the following: 23 Act loyally for the child’s or children’s and principal’s 24 (principals’) benefit. 25 Avoid conflicts that would impair your ability to act in the 26 child or children’s and principal’s (principals’) best interest 27 (interests). 28 Act with care, competence, and diligence. 29 TERMINATION OF AGENT’S AUTHORITY 30 You must stop acting on behalf of the principal (principals) 31 if you learn of any event that terminates this power of 32 attorney or your authority under this power of attorney. 33 Events that terminate a power of attorney or your authority to 34 act under a power of attorney include any of the following: 35 -6- SF540.1887 (2) 88 hb/rh 6/ 8

The principal’s (principals’) revocation of the power of 1 attorney or your authority. 2 The occurrence of a termination event stated in the power of 3 attorney. 4 The purpose of the power of attorney is fully accomplished. 5 The time period specified in the power of attorney has 6 expired. 7 The three-month time period permitted under Iowa Code 8 chapter 633F has expired. 9 The three-month extension time period permitted under Iowa 10 Code chapter 633F has expired. 11 LIABILITY OF AGENT 12 The meaning of the authority granted to you is defined in 13 Iowa Code chapter 633F. If you violate Iowa Code chapter 633F, 14 or act outside the authority granted, you may be liable for any 15 damages caused by your violation. 16 If there is anything about this document or your duties that 17 you do not understand, you should seek legal advice. 18 Sec. 4. NEW SECTION . 633F.4 Agent’s certification —— 19 optional form. 20 The following optional form may be used by an agent to 21 certify facts concerning a power of attorney: 22 IOWA STATUTORY POWER OF ATTORNEY TEMPORARY DELEGATION OF 23 PARENTAL AUTHORITY AGENT’S CERTIFICATION FORM 24 AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND 25 AGENT’S AUTHORITY 26 State of _________________________ 27 County of ______________________ 28 I, ______________________________ (name of agent), certify 29 under penalty of perjury that ______________________________ 30 (name of principal or names of principals) granted me authority 31 as an agent or successor agent in a power of attorney dated 32 _____________________. 33 I further certify all of the following to my knowledge: 34 -7- SF540.1887 (2) 88 hb/rh 7/ 8

The principal (principals) is (are) alive and has (have) not 1 revoked the power of attorney and my authority to act under the 2 power of attorney has not terminated. 3 If the power of attorney was drafted to become effective 4 upon the happening of an event or contingency, the event or 5 contingency has occurred. 6 If I was named as a successor agent, the prior agent is no 7 longer able or willing to serve. 8 __________________________________________________________ 9 __________________________________________________________ 10 __________________________________________________________. 11 (Insert other relevant statements) 12 SIGNATURE AND ACKNOWLEDGMENT 13 _____________________________ _________________________ 14 Agent’s Signature Date 15 _____________________________ > 16 2. Title page, line 2, by striking < parent, guardian, or 17 legal custodian > and inserting < parent > 18 3. By renumbering, redesignating, and correcting internal 19 references as necessary. 20 ______________________________ McKEAN of Jones -8- SF540.1887 (2) 88 hb/rh 8/ 8 #2. #3.