House
File
2402
-
Introduced
HOUSE
FILE
2402
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2105)
A
BILL
FOR
An
Act
relating
to
an
agent’s
termination
or
suspension
of
1
authority
for
a
power
of
attorney.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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5354HV
(2)
87
hb/rj
H.F.
2402
Section
1.
Section
633B.110,
subsection
2,
Code
2018,
is
1
amended
by
adding
the
following
new
paragraphs:
2
NEW
PARAGRAPH
.
e.
The
agent
is
named
as
having
abused
the
3
principal
in
a
founded
dependent
adult
abuse
report
related
to
4
the
principal’s
financial
resources.
5
NEW
PARAGRAPH
.
f.
The
agent
is
convicted
of
dependent
adult
6
abuse
related
to
the
principal’s
financial
resources.
7
Sec.
2.
Section
633B.116,
subsection
1,
Code
2018,
is
8
amended
by
adding
the
following
new
paragraph:
9
NEW
PARAGRAPH
.
0g.
A
person
who
becomes
aware
of
pending
10
criminal
charges
of
dependent
adult
abuse
related
to
the
11
principal’s
financial
resources.
12
Sec.
3.
Section
633B.116,
Code
2018,
is
amended
by
adding
13
the
following
new
subsection:
14
NEW
SUBSECTION
.
2A.
Upon
a
petition
to
the
court
to
review
15
an
agent’s
conduct
relating
to
pending
criminal
charges
of
16
dependent
adult
abuse
related
to
the
principal’s
financial
17
resources,
the
court
may
suspend
the
agent’s
power
of
attorney
18
and
may
appoint
a
guardian
ad
litem
to
represent
the
principal.
19
The
guardian
ad
litem
shall
be
a
practicing
attorney.
20
EXPLANATION
21
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
22
the
explanation’s
substance
by
the
members
of
the
general
assembly.
23
This
bill
relates
to
the
termination
or
suspension
of
an
24
agent’s
authority
to
act
for
a
principal
under
a
power
of
25
attorney.
26
Code
section
633B.110
currently
provides
that
an
agent’s
27
authority
for
a
power
of
attorney
terminates
upon
the
28
occurrence
of
several
circumstances
including
but
not
limited
29
to
when
the
principal
revokes
the
authority;
the
agent
dies,
30
becomes
incapacitated,
or
resigns;
or
an
action
is
filed
for
31
the
dissolution
or
annulment
of
the
agent’s
marriage
to
the
32
principal
or
for
their
legal
separation,
unless
the
power
of
33
attorney
otherwise
provides.
The
bill
amends
the
Code
section
34
to
include
an
additional
circumstance
under
which
an
agent’s
35
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2
H.F.
2402
authority
terminates,
namely,
if
the
agent
is
named
as
the
1
abuser
in
a
founded
dependent
adult
abuse
report
related
to
the
2
principal’s
financial
resources
or
is
convicted
of
dependent
3
adult
abuse
related
to
the
principal’s
financial
resources.
4
The
bill
amends
Code
section
633B.116,
relating
to
judicial
5
relief
of
persons
who
may
petition
a
court
to
construe
a
6
power
of
attorney
or
to
review
an
agent’s
conduct,
to
include
7
a
person
who
becomes
aware
of
pending
criminal
charges
of
8
dependent
adult
abuse
against
a
principal
related
to
the
9
principal’s
financial
resources.
10
The
amendment
also
provides
that
after
receiving
a
petition
11
to
review
an
agent’s
conduct
as
a
result
of
pending
criminal
12
charges
of
dependent
adult
abuse
related
to
the
principal’s
13
financial
resources,
the
court
may
suspend
the
agent’s
power
14
of
attorney
and
may
appoint
a
guardian
ad
litem
to
represent
15
the
principal.
The
bill
requires
the
guardian
ad
litem
to
be
16
a
practicing
attorney.
17
Under
current
law,
a
prevailing
party
who
filed
such
a
18
petition
may
be
awarded
reasonable
attorney
fees
and
costs.
19
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