Senate
File
540
-
Reprinted
SENATE
FILE
540
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
SF
360)
(As
Amended
and
Passed
by
the
Senate
April
2,
2019
)
A
BILL
FOR
An
Act
relating
to
the
temporary
delegation
of
parental
1
authority
by
the
parent,
guardian,
or
legal
custodian
of
a
2
child.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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540
(2)
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540
Section
1.
NEW
SECTION
.
633F.1
Definitions.
1
1.
“Agent”
means
a
person
granted
authority
to
act
for
a
2
parent,
guardian,
or
legal
custodian
under
a
power
of
attorney
3
created
under
this
chapter.
4
2.
“Child”
means
a
person
under
eighteen
years
of
age.
5
3.
“Power
of
attorney”
means
a
writing
that
grants
authority
6
to
an
agent
to
act
in
the
place
of
a
parent,
guardian,
or
legal
7
custodian
regarding
the
care
or
custody
of
a
child.
8
Sec.
2.
NEW
SECTION
.
633F.2
Power
of
attorney
——
temporary
9
delegation
of
parental
authority.
10
1.
A
parent,
guardian,
or
legal
custodian
of
a
child,
by
a
11
properly
executed
power
of
attorney,
may
delegate
to
another
12
person
any
authority
regarding
the
care
or
custody
of
the
child
13
except
for
any
of
the
following
powers:
14
a.
The
power
to
consent
to
the
child’s
marriage.
15
b.
The
power
to
consent
to
the
child’s
adoption.
16
c.
The
power
to
consent
to
the
performance
or
inducement
of
17
an
abortion
on
or
for
the
child.
18
d.
The
power
to
consent
to
the
termination
of
the
parental
19
rights
of
a
parent
of
the
child.
20
e.
The
power
to
transfer
the
power
of
attorney
to
another
21
person
unless
the
other
person
is
designated
as
a
successor
22
agent
in
the
power
of
attorney.
23
2.
A
power
of
attorney
executed
under
this
chapter
must
be
24
signed
by
all
parents,
guardians,
and
legal
custodians.
The
25
power
of
attorney
must
be
acknowledged
before
a
notary
public
26
or
other
individual
authorized
by
law
to
take
acknowledgments.
27
An
agent
named
in
the
power
of
attorney
shall
not
notarize
the
28
principal’s
signature.
An
acknowledged
signature
on
a
power
of
29
attorney
is
presumed
to
be
genuine.
30
3.
A
parent,
guardian,
or
legal
custodian
of
the
child
shall
31
have
the
authority
to
revoke
or
terminate
a
power
of
attorney
32
created
under
this
chapter
at
any
time
by
giving
notice
of
the
33
revocation
in
writing
to
the
agent.
34
4.
A
power
of
attorney
created
under
this
chapter
shall
be
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for
a
period
of
time
not
to
exceed
three
months.
A
parent,
1
guardian,
or
legal
custodian
of
the
child
may
execute
a
new
2
power
of
attorney
for
an
additional
period
of
three
months,
but
3
in
no
case
shall
a
power
of
attorney
created
under
this
chapter
4
be
valid
for
more
than
six
months.
If
a
parent,
guardian,
or
5
legal
custodian
revokes
or
terminates
the
power
of
attorney,
6
the
child
shall
be
returned
to
the
care
and
custody
of
the
7
parent,
guardian,
or
legal
custodian
within
twenty-four
hours
8
of
the
date
of
the
revocation
or
termination.
9
5.
An
agent
shall
exercise
parental
or
legal
authority
on
a
10
continuous
basis
without
compensation
for
the
duration
of
the
11
power
of
attorney
and
shall
not
be
considered
to
be
a
foster
12
parent
subject
to
licensure
by
the
department
of
human
services
13
pursuant
to
chapter
237.
14
6.
A
power
of
attorney
executed
under
this
chapter
by
a
15
parent,
guardian,
or
legal
custodian
shall
not
constitute
16
abandonment,
abuse,
or
neglect
of
the
child
under
chapter
232
17
by
the
parent,
guardian,
or
legal
custodian
unless
the
parent,
18
guardian,
or
legal
custodian
fails
to
take
custody
of
the
child
19
upon
the
expiration
of
the
power
of
attorney.
20
7.
A
power
of
attorney
executed
under
this
chapter
by
a
21
parent,
guardian,
or
legal
custodian
shall
not
be
valid
if
the
22
purpose
is
to
avoid
the
filing
of
a
child
in
need
of
assistance
23
petition.
24
8.
This
chapter
shall
not
apply
to
a
power
of
attorney
25
created
pursuant
to
section
598C.204.
26
Sec.
3.
NEW
SECTION
.
633F.3
Power
of
attorney
temporary
27
delegation
of
parental
authority
——
form.
28
A
document
substantially
in
the
following
form
may
be
used
29
to
create
a
power
of
attorney
temporary
delegation
of
parental
30
authority
that
has
the
meaning
and
effect
prescribed
by
this
31
chapter:
32
POWER
OF
ATTORNEY
TEMPORARY
DELEGATION
OF
PARENTAL
AUTHORITY
33
FORM
34
1.
POWER
OF
ATTORNEY
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This
power
of
attorney
authorizes
another
person
(your
1
agent)
to
make
decisions
concerning
your
child
or
children
for
2
you
(the
principal).
Your
agent
will
be
able
to
make
decisions
3
and
act
with
respect
to
your
child
or
children.
The
meaning
4
of
authority
over
the
child
or
children
listed
on
this
form
is
5
explained
in
Iowa
Code
chapter
633F.
This
power
of
attorney
6
does
not
grant
the
agent
the
power
to
consent
to
a
child’s
7
marriage
or
adoption,
to
the
performance
or
inducement
of
an
8
abortion
on
or
for
a
child,
or
to
the
termination
of
parental
9
rights
of
a
parent
of
a
child
or
to
the
transfer
of
the
power
10
of
attorney
to
a
person
other
than
to
a
person
designated
as
a
11
successor
agent
in
this
power
of
attorney.
12
You
should
select
someone
you
trust
to
serve
as
your
agent.
13
Your
agent
is
not
entitled
to
compensation
unless
you
state
14
otherwise
in
the
optional
Special
Instructions.
15
This
form
provides
for
designation
of
one
agent.
If
you
16
wish
to
name
more
than
one
agent,
you
may
name
a
coagent
in
the
17
optional
Special
Instructions.
Coagents
must
act
by
majority
18
rule
unless
you
provide
otherwise
in
the
optional
Special
19
Instructions.
20
If
your
agent
is
unable
or
unwilling
to
act
for
you,
your
21
power
of
attorney
will
end
unless
you
have
named
a
successor
22
agent.
You
may
also
name
a
second
successor
agent.
23
This
power
of
attorney
becomes
effective
immediately
upon
24
signature
and
acknowledgment
unless
you
state
otherwise
in
the
25
optional
Special
Instructions.
26
If
you
have
questions
about
this
power
of
attorney
or
the
27
authority
you
are
granting
to
your
agent,
you
should
seek
legal
28
advice
before
signing
this
form.
29
DESIGNATION
OF
AGENT
30
I
_________________________
(name
of
principal)
name
the
31
following
person
as
my
agent:
32
Name
of
Agent
____________________________________________
33
Agent’s
Address
__________________________________________
34
Agent’s
Telephone
Number
_________________________________
35
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DESIGNATION
OF
SUCCESSOR
AGENT(S)
(OPTIONAL)
1
If
my
agent
is
unable
or
unwilling
to
act
for
me,
I
name
as
2
my
successor
agent:
3
Name
of
Successor
Agent
__________________________________
4
Successor
Agent’s
Address
________________________________
5
Successor
Agent’s
Telephone
Number
_______________________
6
If
my
successor
agent
is
unable
or
unwilling
to
act
for
me,
I
7
name
as
my
second
successor
agent:
8
Name
of
Second
Successor
Agent
___________________________
9
Second
Successor
Agent’s
Address
_________________________
10
Second
Successor
Agent’s
Telephone
Number
________________
11
GRANT
OF
GENERAL
AUTHORITY
12
I
grant
my
agent
and
any
successor
agent
general
authority
to
13
act
for
me
with
respect
to
my
child
or
my
children
as
defined
in
14
Iowa
Code
chapter
633F.
15
SPECIAL
INSTRUCTIONS
16
You
may
give
special
instructions
including
the
name
and
17
date
of
birth
of
the
child
on
the
following
lines:
18
___________________________________________________________
19
___________________________________________________________
20
___________________________________________________________
21
___________________________________________________________
22
___________________________________________________________
23
___________________________________________________________
24
___________________________________________________________
25
___________________________________________________________
26
___________________________________________________________
27
___________________________________________________________
28
___________________________________________________________
29
__________________________________________________________.
30
EFFECTIVE
DATE
31
This
power
of
attorney
is
effective
immediately
upon
32
signature
and
acknowledgment
unless
I
have
stated
otherwise
in
33
the
optional
Special
Instructions.
34
RELIANCE
ON
THIS
POWER
OF
ATTORNEY
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Any
person,
including
my
agent,
may
rely
upon
the
validity
of
1
this
power
of
attorney
or
a
copy
of
it
unless
that
person
knows
2
it
has
terminated
or
is
invalid.
3
SIGNATURE
AND
ACKNOWLEDGMENT
4
_____________________________
_________________________
5
Your
Signature
Date
6
_____________________________
7
Your
Name
Printed
8
_____________________________
9
_____________________________
10
Your
Address
11
_____________________________
12
Your
Telephone
Number
13
State
of
____________________
14
County
of
___________________
15
This
document
was
acknowledged
before
me
on
_______________
16
(date),
by
__________________________
(name
of
principal)
17
_____________________________
(Seal,
if
any)
18
Signature
of
Notary
19
My
commission
expires
________________
20
This
document
prepared
by
21
___________________________________________________________
22
___________________________________________________________
23
2.
IMPORTANT
INFORMATION
FOR
AGENT
24
AGENT’S
DUTIES
25
When
you
accept
the
authority
granted
under
this
power
of
26
attorney,
a
special
legal
relationship
is
created
between
the
27
principal
and
you.
This
relationship
imposes
upon
you
legal
28
duties
that
continue
until
you
resign
or
the
power
of
attorney
29
is
terminated
or
revoked.
You
must
do
all
of
the
following:
30
Act
in
good
faith.
31
Do
nothing
beyond
the
authority
granted
in
this
power
of
32
attorney.
33
Disclose
your
identity
as
an
agent
whenever
you
act
for
the
34
principal
by
writing
or
printing
the
name
of
the
principal
and
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signing
your
own
name
as
agent
in
the
following
manner:
1
_______________________
(principal’s
name)
by
2
_______________________
(your
signature)
as
Agent
3
Unless
the
Special
Instructions
in
this
power
of
attorney
4
state
otherwise,
you
must
also
do
all
of
the
following:
5
Act
loyally
for
the
child’s
or
children’s
and
principal’s
6
benefit.
7
Avoid
conflicts
that
would
impair
your
ability
to
act
in
the
8
child
or
children’s
and
principal’s
best
interest.
9
Act
with
care,
competence,
and
diligence.
10
TERMINATION
OF
AGENT’S
AUTHORITY
11
You
must
stop
acting
on
behalf
of
the
principal
if
you
learn
12
of
any
event
that
terminates
this
power
of
attorney
or
your
13
authority
under
this
power
of
attorney.
Events
that
terminate
14
a
power
of
attorney
or
your
authority
to
act
under
a
power
of
15
attorney
include
any
of
the
following:
16
The
principal’s
revocation
of
the
power
of
attorney
or
your
17
authority.
18
The
occurrence
of
a
termination
event
stated
in
the
power
of
19
attorney.
20
The
purpose
of
the
power
of
attorney
is
fully
accomplished.
21
The
time
period
specified
in
the
power
of
attorney
has
22
expired.
23
The
three-month
time
period
permitted
under
Iowa
Code
24
chapter
633F
has
expired.
25
The
three-month
extension
time
period
permitted
under
Iowa
26
Code
chapter
633F
has
expired.
27
LIABILITY
OF
AGENT
28
The
meaning
of
the
authority
granted
to
you
is
defined
in
29
Iowa
Code
chapter
633F.
If
you
violate
Iowa
Code
chapter
633F,
30
or
act
outside
the
authority
granted,
you
may
be
liable
for
any
31
damages
caused
by
your
violation.
32
If
there
is
anything
about
this
document
or
your
duties
that
33
you
do
not
understand,
you
should
seek
legal
advice.
34
Sec.
4.
NEW
SECTION
.
633F.4
Agent’s
certification
——
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optional
form.
1
The
following
optional
form
may
be
used
by
an
agent
to
2
certify
facts
concerning
a
power
of
attorney:
3
IOWA
STATUTORY
POWER
OF
ATTORNEY
TEMPORARY
DELEGATION
OF
4
PARENTAL
AUTHORITY
AGENT’S
CERTIFICATION
FORM
5
AGENT’S
CERTIFICATION
OF
VALIDITY
OF
POWER
OF
ATTORNEY
AND
6
AGENT’S
AUTHORITY
7
State
of
_________________________
8
County
of
______________________
9
I,
______________________________
(name
of
agent),
certify
10
under
penalty
of
perjury
that
______________________________
11
(name
of
principal)
granted
me
authority
as
an
agent
12
or
successor
agent
in
a
power
of
attorney
dated
13
_____________________.
14
I
further
certify
all
of
the
following
to
my
knowledge:
15
The
principal
is
alive
and
has
not
revoked
the
power
of
16
attorney
or
the
Power
of
Attorney
and
my
authority
to
act
under
17
the
Power
of
Attorney
have
not
terminated.
18
If
the
power
of
attorney
was
drafted
to
become
effective
19
upon
the
happening
of
an
event
or
contingency,
the
event
or
20
contingency
has
occurred.
21
If
I
was
named
as
a
successor
agent,
the
prior
agent
is
no
22
longer
able
or
willing
to
serve.
23
__________________________________________________________
24
__________________________________________________________
25
__________________________________________________________.
26
(Insert
other
relevant
statements)
27
SIGNATURE
AND
ACKNOWLEDGMENT
28
_____________________________
_________________________
29
Agent’s
Signature
Date
30
_____________________________
31
Agent’s
Name
Printed
32
_____________________________
33
_____________________________
34
Agent’s
Address
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_____________________________
1
Agent’s
Telephone
Number
2
This
document
was
acknowledged
before
me
on
_______________
3
(date),
by
__________________________
(name
of
agent)
4
_____________________________
(Seal,
if
any)
5
Signature
of
Notary
6
My
commission
expires
________________
7
This
document
prepared
by
8
___________________________________________________________
9
___________________________________________________________
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