Senate File 540 S-3107 Amend Senate File 540 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < Section 1. NEW SECTION . 633F.1 Definitions. 4 1. “Agent” means a person granted authority to act for a 5 parent, guardian, or legal custodian under a power of attorney 6 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, guardian, or legal 10 custodian regarding the care 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, guardian, or legal custodian of a child, by a 14 properly executed power of attorney, may delegate to another 15 person any authority regarding the care or custody of the child 16 except for any of 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 2. A power of attorney executed under this chapter must be 27 signed by all parents, guardians, and legal custodians. The 28 power of attorney must be acknowledged before a notary public 29 or other individual authorized by law to take acknowledgments. 30 An agent named in the power of attorney shall not notarize the 31 principal’s signature. An acknowledged signature on a power of 32 attorney is presumed to be genuine. 33 3. A parent, guardian, or legal custodian of the child shall 34 have the authority to revoke or terminate a power of attorney 35 -1- SF540.1397 (3) 88 hb/rh 1/ 8 #1.
created under this chapter at any time by giving notice of the 1 revocation in writing to the agent. 2 4. A power of attorney created under this chapter shall be 3 for a period of time not to exceed three months. A parent, 4 guardian, or legal custodian of the child may execute a new 5 power of attorney for an additional period of three months, but 6 in no case shall a power of attorney created under this chapter 7 be valid for more than six months. If a parent, guardian, or 8 legal custodian revokes or terminates the power of attorney, 9 the child shall be returned to the care and custody of the 10 parent, guardian, or legal custodian within twenty-four hours 11 of the date of the revocation or termination. 12 5. An agent shall exercise parental or legal authority on a 13 continuous basis without compensation for the duration of the 14 power of attorney and shall not be considered to be a foster 15 parent subject to licensure by the department of human services 16 pursuant to chapter 237. 17 6. A power of attorney executed under this chapter by a 18 parent, guardian, or legal custodian shall not constitute 19 abandonment, abuse, or neglect of the child under chapter 232 20 by the parent, guardian, or legal custodian unless the parent, 21 guardian, or legal custodian fails to take custody of the child 22 upon the expiration of the power of attorney. 23 7. A power of attorney executed under this chapter by a 24 parent, guardian, or legal custodian shall not be valid if the 25 purpose is to avoid the filing of a child in need of assistance 26 petition. 27 8. This chapter shall not apply to a power of attorney 28 created pursuant to section 598C.204. 29 Sec. 3. NEW SECTION . 633F.3 Power of attorney temporary 30 delegation of parental authority —— form. 31 A document substantially in the following form may be used 32 to create a power of attorney temporary delegation of parental 33 authority that has the meaning and effect prescribed by this 34 chapter: 35 -2- SF540.1397 (3) 88 hb/rh 2/ 8
POWER OF ATTORNEY TEMPORARY DELEGATION OF PARENTAL AUTHORITY 1 FORM 2 1. POWER OF ATTORNEY 3 This power of attorney authorizes another person (your 4 agent) to make decisions concerning your child or children for 5 you (the principal). Your agent will be able to make decisions 6 and act with respect to your child or children. The meaning 7 of authority over the child or children listed on this form is 8 explained in Iowa Code chapter 633F. This power of attorney 9 does not grant the agent the power to consent to a child’s 10 marriage or adoption, to the performance or inducement of an 11 abortion on or for a child, or to the termination of parental 12 rights of a parent of a child or to the transfer of the power 13 of attorney to a person other than to a person designated as a 14 successor agent in this power of attorney. 15 You should select someone you trust to serve as your agent. 16 Your agent is not entitled to compensation unless you state 17 otherwise in the optional Special Instructions. 18 This form provides for designation of one agent. If you 19 wish to name more than one agent, you may name a coagent in the 20 optional Special Instructions. Coagents must act by majority 21 rule unless you provide otherwise in the optional Special 22 Instructions. 23 If your agent is unable or unwilling to act for you, your 24 power of attorney will end unless you have named a successor 25 agent. You may also name a second successor agent. 26 This power of attorney becomes effective immediately upon 27 signature and acknowledgment unless you state otherwise in the 28 optional Special Instructions. 29 If you have questions about this power of attorney or the 30 authority you are granting to your agent, you should seek legal 31 advice before signing this form. 32 DESIGNATION OF AGENT 33 I _________________________ (name of principal) name the 34 following person as my agent: 35 -3- SF540.1397 (3) 88 hb/rh 3/ 8
Name of Agent ____________________________________________ 1 Agent’s Address __________________________________________ 2 Agent’s Telephone Number _________________________________ 3 DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL) 4 If my agent is unable or unwilling to act for me, I name as 5 my successor agent: 6 Name of Successor Agent __________________________________ 7 Successor Agent’s Address ________________________________ 8 Successor Agent’s Telephone Number _______________________ 9 If my successor agent is unable or unwilling to act for me, I 10 name as my second successor agent: 11 Name of Second Successor Agent ___________________________ 12 Second Successor Agent’s Address _________________________ 13 Second Successor Agent’s Telephone Number ________________ 14 GRANT OF GENERAL AUTHORITY 15 I grant my agent and any successor agent general authority to 16 act for me with respect to my child or my children as defined in 17 Iowa Code chapter 633F. 18 SPECIAL INSTRUCTIONS 19 You may give special instructions including the name and 20 date of birth of the child on the following lines: 21 ___________________________________________________________ 22 ___________________________________________________________ 23 ___________________________________________________________ 24 ___________________________________________________________ 25 ___________________________________________________________ 26 ___________________________________________________________ 27 ___________________________________________________________ 28 ___________________________________________________________ 29 ___________________________________________________________ 30 ___________________________________________________________ 31 ___________________________________________________________ 32 __________________________________________________________. 33 EFFECTIVE DATE 34 -4- SF540.1397 (3) 88 hb/rh 4/ 8
This power of attorney is effective immediately upon 1 signature and acknowledgment unless I have stated otherwise in 2 the optional Special Instructions. 3 RELIANCE ON THIS POWER OF ATTORNEY 4 Any person, including my agent, may rely upon the validity of 5 this power of attorney or a copy of it unless that person knows 6 it has terminated or is invalid. 7 SIGNATURE AND ACKNOWLEDGMENT 8 _____________________________ _________________________ 9 Your Signature Date 10 _____________________________ 11 Your Name Printed 12 _____________________________ 13 _____________________________ 14 Your Address 15 _____________________________ 16 Your Telephone Number 17 State of ____________________ 18 County of ___________________ 19 This document was acknowledged before me on _______________ 20 (date), by __________________________ (name of principal) 21 _____________________________ (Seal, if any) 22 Signature of Notary 23 My commission expires ________________ 24 This document prepared by 25 ___________________________________________________________ 26 ___________________________________________________________ 27 2. IMPORTANT INFORMATION FOR AGENT 28 AGENT’S DUTIES 29 When you accept the authority granted under this power of 30 attorney, a special legal relationship is created between the 31 principal and you. This relationship imposes upon you legal 32 duties that continue until you resign or the power of attorney 33 is terminated or revoked. You must do all of the following: 34 Act in good faith. 35 -5- SF540.1397 (3) 88 hb/rh 5/ 8
Do nothing beyond the authority granted in this power of 1 attorney. 2 Disclose your identity as an agent whenever you act for the 3 principal by writing or printing the name of the principal and 4 signing your own name as agent in the following manner: 5 _______________________ (principal’s name) by 6 _______________________ (your signature) as Agent 7 Unless the Special Instructions in this power of attorney 8 state otherwise, you must also do all of the following: 9 Act loyally for the child’s or children’s and principal’s 10 benefit. 11 Avoid conflicts that would impair your ability to act in the 12 child or children’s and principal’s best interest. 13 Act with care, competence, and diligence. 14 TERMINATION OF AGENT’S AUTHORITY 15 You must stop acting on behalf of the principal if you learn 16 of any event that terminates this power of attorney or your 17 authority under this power of attorney. Events that terminate 18 a power of attorney or your authority to act under a power of 19 attorney include any of the following: 20 The principal’s revocation of the power of attorney or your 21 authority. 22 The occurrence of a termination event stated in the power of 23 attorney. 24 The purpose of the power of attorney is fully accomplished. 25 The time period specified in the power of attorney has 26 expired. 27 The three-month time period permitted under Iowa Code 28 chapter 633F has expired. 29 The three-month extension time period permitted under Iowa 30 Code chapter 633F has expired. 31 LIABILITY OF AGENT 32 The meaning of the authority granted to you is defined in 33 Iowa Code chapter 633F. If you violate Iowa Code chapter 633F, 34 -6- SF540.1397 (3) 88 hb/rh 6/ 8
or act outside the authority granted, you may be liable for any 1 damages caused by your violation. 2 If there is anything about this document or your duties that 3 you do not understand, you should seek legal advice. 4 Sec. 4. NEW SECTION . 633F.4 Agent’s certification —— 5 optional form. 6 The following optional form may be used by an agent to 7 certify facts concerning a power of attorney: 8 IOWA STATUTORY POWER OF ATTORNEY TEMPORARY DELEGATION OF 9 PARENTAL AUTHORITY AGENT’S CERTIFICATION FORM 10 AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND 11 AGENT’S AUTHORITY 12 State of _________________________ 13 County of ______________________ 14 I, ______________________________ (name of agent), certify 15 under penalty of perjury that ______________________________ 16 (name of principal) granted me authority as an agent 17 or successor agent in a power of attorney dated 18 _____________________. 19 I further certify all of the following to my knowledge: 20 The principal is alive and has not revoked the power of 21 attorney or the Power of Attorney and my authority to act under 22 the Power of Attorney have not terminated. 23 If the power of attorney was drafted to become effective 24 upon the happening of an event or contingency, the event or 25 contingency has occurred. 26 If I was named as a successor agent, the prior agent is no 27 longer able or willing to serve. 28 __________________________________________________________ 29 __________________________________________________________ 30 __________________________________________________________. 31 (Insert other relevant statements) 32 SIGNATURE AND ACKNOWLEDGMENT 33 _____________________________ _________________________ 34 Agent’s Signature Date 35 -7- SF540.1397 (3) 88 hb/rh 7/ 8
_____________________________ 1 Agent’s Name Printed 2 _____________________________ 3 _____________________________ 4 Agent’s Address 5 _____________________________ 6 Agent’s Telephone Number 7 This document was acknowledged before me on _______________ 8 (date), by __________________________ (name of agent) 9 _____________________________ (Seal, if any) 10 Signature of Notary 11 My commission expires ________________ 12 This document prepared by 13 ___________________________________________________________ 14 ___________________________________________________________ > 15 ______________________________ JULIAN GARRETT -8- SF540.1397 (3) 88 hb/rh 8/ 8