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House File 721 - IntroducedA Bill ForAn Act 1relating to the temporary delegation of parental
2authority by the parent, guardian, or legal custodian of a
3child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 633F.1 Definitions.
21. “Agent” means a person granted authority to act for a
3parent, guardian, or legal custodian under a power of attorney
4created under this chapter.
52. “Child” means a person under eighteen years of age.
63. “Power of attorney” means a writing that grants authority
7to an agent to act in the place of a parent, guardian, or legal
8custodian regarding the care or custody of a child.
9 Sec. 2. NEW SECTION. 633F.2 Power of attorney — temporary
10delegation of parental authority.
111. A parent, guardian, or legal custodian of a child, by a
12properly executed power of attorney, may delegate to another
13person any authority regarding the care or custody of the child
14except for any of the following powers:
15a. The power to consent to the child’s marriage.
16b. The power to consent to the child’s adoption.
17c. The power to consent to the performance or inducement of
18an abortion on or for the child.
19d. The power to consent to the termination of the parental
20rights of a parent of the child.
21e. The power to transfer the power of attorney to another
22person unless the other person is designated as a successor
23agent in the power of attorney.
242. A power of attorney executed under this chapter must be
25signed by all parents, guardians, and legal custodians. The
26power of attorney must be acknowledged before a notary public
27or other individual authorized by law to take acknowledgments.
28An agent named in the power of attorney shall not notarize the
29principal’s signature. An acknowledged signature on a power of
30attorney is presumed to be genuine.
313. A parent, guardian, or legal custodian of the child shall
32have the authority to revoke or terminate a power of attorney
33created under this chapter at any time by giving notice of the
34revocation in writing to the agent.
354. A power of attorney created under this chapter shall be
-1-1for a period of time not to exceed three months. A parent,
2guardian, or legal custodian of the child may execute a new
3power of attorney for an additional period of three months, but
4in no case shall a power of attorney created under this chapter
5be valid for more than six months. If a parent, guardian, or
6legal custodian revokes or terminates the power of attorney,
7the child shall be returned to the care and custody of the
8parent, guardian, or legal custodian within twenty-four hours
9of the date of the revocation or termination.
105. An agent shall exercise parental or legal authority on a
11continuous basis without compensation for the duration of the
12power of attorney and shall not be considered to be a foster
13parent subject to licensure by the department of human services
14pursuant to chapter 237.
156. A power of attorney executed under this chapter by a
16parent, guardian, or legal custodian shall not constitute
17abandonment, abuse, or neglect of the child under chapter 232
18by the parent, guardian, or legal custodian unless the parent,
19guardian, or legal custodian fails to take custody of the child
20upon the expiration of the power of attorney.
217. A power of attorney executed under this chapter by a
22parent, guardian, or legal custodian shall not be valid if the
23purpose is to avoid the filing of a child in need of assistance
24petition.
258. This chapter shall not apply to a power of attorney
26created pursuant to section 598C.204.
27 Sec. 3. NEW SECTION. 633F.3 Power of attorney temporary
28delegation of parental authority — form.
29A document substantially in the following form may be used
30to create a power of attorney temporary delegation of parental
31authority that has the meaning and effect prescribed by this
32chapter:
33POWER OF ATTORNEY TEMPORARY DELEGATION OF PARENTAL AUTHORITY
34FORM
351. POWER OF ATTORNEY
-2-1This power of attorney authorizes another person (your
2agent) to make decisions concerning your child or children for
3you (the principal). Your agent will be able to make decisions
4and act with respect to your child or children. The meaning
5of authority over the child or children listed on this form
6is explained in the Power of Attorney temporary delegation of
7parental authority, Iowa Code chapter 633F. This power of
8attorney does not grant the agent the power to consent to a
9child’s marriage or adoption, to the performance or inducement
10of an abortion on or for a child, or to the termination of
11parental rights of a parent of a child or to the transfer of the
12power of attorney to a person other than to a person designated
13as a successor agent in this power of attorney.
14You should select someone you trust to serve as your agent.
15Your agent is not entitled to compensation unless you state
16otherwise in the optional Special Instructions.
17This form provides for designation of one agent. If you
18wish to name more than one agent, you may name a coagent in the
19optional Special Instructions. Coagents must act by majority
20rule unless you provide otherwise in the optional Special
21Instructions.
22If your agent is unable or unwilling to act for you, your
23power of attorney will end unless you have named a successor
24agent. You may also name a second successor agent.
25This power of attorney becomes effective immediately upon
26signature and acknowledgment unless you state otherwise in the
27optional Special Instructions.
28If you have questions about this power of attorney or the
29authority you are granting to your agent, you should seek legal
30advice before signing this form.
31DESIGNATION OF AGENT
32I _________________________ (name of principal) name the
33following person as my agent:
34Name of Agent ____________________________________________
35Agent’s Address __________________________________________
-3-1Agent’s Telephone Number _________________________________
2DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
3If my agent is unable or unwilling to act for me, I name as
4my successor agent:
5Name of Successor Agent __________________________________
6Successor Agent’s Address ________________________________
7Successor Agent’s Telephone Number _______________________
8If my successor agent is unable or unwilling to act for me, I
9name as my second successor agent:
10Name of Second Successor Agent ___________________________
11Second Successor Agent’s Address _________________________
12Second Successor Agent’s Telephone Number ________________
13GRANT OF GENERAL AUTHORITY
14I grant my agent and any successor agent general authority to
15act for me with respect to my child or my children as defined
16in the Power of Attorney Temporary Delegation of Parental
17Authority, Iowa Code chapter 633F.
18SPECIAL INSTRUCTIONS
19You may give special instructions including the name and
20date of birth of the child on the following lines:
21___________________________________________________________
22___________________________________________________________
23___________________________________________________________
24___________________________________________________________
25___________________________________________________________
26___________________________________________________________
27___________________________________________________________
28___________________________________________________________
29___________________________________________________________
30___________________________________________________________
31___________________________________________________________
32__________________________________________________________.
33EFFECTIVE DATE
34This power of attorney is effective immediately upon
35signature and acknowledgment unless I have stated otherwise in
-4-1the optional Special Instructions.
2RELIANCE ON THIS POWER OF ATTORNEY
3Any person, including my agent, may rely upon the validity of
4this power of attorney or a copy of it unless that person knows
5it has terminated or is invalid.
6SIGNATURE AND ACKNOWLEDGMENT
7______________________________________________________
8Your SignatureDate
9_____________________________
10Your Name Printed
11_____________________________
12_____________________________
13Your Address
14_____________________________
15Your Telephone Number
16State of ____________________
17County of ___________________
18This document was acknowledged before me on _______________
19(date), by __________________________ (name of principal)
20_____________________________(Seal, if any)
21Signature of Notary
22My commission expires ________________
23This document prepared by
24___________________________________________________________
25___________________________________________________________
262. IMPORTANT INFORMATION FOR AGENT
27AGENT’S DUTIES
28When you accept the authority granted under this power of
29attorney, a special legal relationship is created between the
30principal and you. This relationship imposes upon you legal
31duties that continue until you resign or the power of attorney
32is terminated or revoked. You must do all of the following:
33Act in good faith.
34Do nothing beyond the authority granted in this power of
35attorney.
-5-1Disclose your identity as an agent whenever you act for the
2principal by writing or printing the name of the principal and
3signing your own name as agent in the following manner:
4_______________________ (principal’s name) by
5_______________________ (your signature) as Agent
6Unless the Special Instructions in this power of attorney
7state otherwise, you must also do all of the following:
8Act loyally for the child’s or children’s and principal’s
9benefit.
10Avoid conflicts that would impair your ability to act in the
11child or children’s and principal’s best interest.
12Act with care, competence, and diligence.
13TERMINATION OF AGENT’S AUTHORITY
14You must stop acting on behalf of the principal if you learn
15of any event that terminates this power of attorney or your
16authority under this power of attorney. Events that terminate
17a power of attorney or your authority to act under a power of
18attorney include any of the following:
19The principal’s revocation of the power of attorney or your
20authority.
21The occurrence of a termination event stated in the power of
22attorney.
23The purpose of the power of attorney is fully accomplished.
24The time period specified in the power of attorney has
25expired.
26The three-month time period permitted under Iowa Code
27chapter 633F has expired.
28The three-month extension time period permitted under Iowa
29Code chapter 633F has expired.
30LIABILITY OF AGENT
31The meaning of the authority granted to you is defined in the
32Power of Attorney Temporary Delegation of parental authority,
33Iowa Code chapter 633F. If you violate the Power of Attorney
34Temporary Delegation of parental authority, Iowa Code chapter
35633F, or act outside the authority granted, you may be liable
-6-1for any damages caused by your violation.
2If there is anything about this document or your duties that
3you do not understand, you should seek legal advice.
4 Sec. 4. NEW SECTION. 633F.4 Agent’s certification —
5optional form.
6The following optional form may be used by an agent to
7certify facts concerning a power of attorney:
8IOWA STATUTORY POWER OF ATTORNEY TEMPORARY DELEGATION OF
9PARENTAL AUTHORITY AGENT’S CERTIFICATION FORM
10AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
11AGENT’S AUTHORITY
12State of _________________________
13County of ______________________
14I, ______________________________ (name of agent), certify
15under penalty of perjury that ______________________________
16(name of principal) granted me authority as an agent
17or successor agent in a power of attorney dated
18_____________________.
19I further certify all of the following to my knowledge:
20The principal is alive and has not revoked the power of
21attorney or the Power of Attorney and my authority to act under
22the Power of Attorney have not terminated.
23If the power of attorney was drafted to become effective
24upon the happening of an event or contingency, the event or
25contingency has occurred.
26If I was named as a successor agent, the prior agent is no
27longer able or willing to serve.
28__________________________________________________________
29__________________________________________________________
30__________________________________________________________.
31(Insert other relevant statements)
32SIGNATURE AND ACKNOWLEDGMENT
33______________________________________________________
34Agent’s SignatureDate
35_____________________________
-7-1Agent’s Name Printed
2_____________________________
3_____________________________
4Agent’s Address
5_____________________________
6Agent’s Telephone Number
7This document was acknowledged before me on _______________
8(date), by __________________________ (name of agent)
9_____________________________(Seal, if any)
10Signature of Notary
11My commission expires ________________
12This document prepared by
13___________________________________________________________
14___________________________________________________________
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the temporary delegation of parental
19authority by the parent, guardian, or legal custodian of a
20child.
21The bill provides that a parent, guardian, or legal
22custodian of a child, by a properly executed power of attorney,
23may delegate to another person any powers regarding the care
24or custody of the child except the power to consent to the
25child’s marriage, the power to consent to the child’s adoption,
26the power to consent to the performance or inducement of an
27abortion on or for the child, the power to consent to the
28termination of the parental rights of a parent of the child,
29and the power to transfer the power of attorney to another
30person unless the other person is designated as a successor
31agent in the power of attorney. A power of attorney executed
32under the bill must be signed by all parents, guardians, and
33legal custodians of a child and must be properly acknowledged
34by a notary. A parent, guardian, or legal custodian shall
35have the authority to revoke or terminate a power of attorney
-8-1created under the bill at any time.
2A power of attorney created under the bill shall be for
3a period of time not to exceed three months. The parent,
4guardian, or legal custodian of the child may execute a new
5power of attorney for an additional period of three months, but
6a power of attorney created under the bill cannot exceed six
7months. If the parent, guardian, or legal custodian revokes or
8terminates the power of attorney, the child shall be returned
9to the care and custody of the parent, guardian, or legal
10custodian within 24 hours of the date of the revocation or
11termination.
12An agent (person granted authority to act for a parent,
13guardian, or legal custodian under a power of attorney
14created in the bill) is required to exercise parental or legal
15authority on a continuous basis without compensation for the
16duration of the power of attorney and shall not be considered
17to be a foster parent subject to licensure by the department
18of human services pursuant to Code chapter 237 (child foster
19care facilities). A power of attorney executed under the bill
20by a parent, guardian, or legal custodian shall not constitute
21abandonment, abuse, or neglect of the child under Code chapter
22232 by the parent, guardian, or legal custodian unless the
23parent, guardian, or legal custodian fails to take custody of
24the child or to execute a subsequent power of attorney upon the
25expiration of the power of attorney.
26A power of attorney created under the bill is not valid
27if the purpose is to avoid the filing of a child in need of
28assistance petition.
29The bill does not apply to a power of attorney created
30pursuant to Code section 598C.204 (power of attorney under the
31uniform deployed parents custody and visitation Act).
32The bill provides a form for a temporary delegation of a
33parental authority power of attorney.
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2authority by the parent, guardian, or legal custodian of a
3child.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 633F.1 Definitions.
21. “Agent” means a person granted authority to act for a
3parent, guardian, or legal custodian under a power of attorney
4created under this chapter.
52. “Child” means a person under eighteen years of age.
63. “Power of attorney” means a writing that grants authority
7to an agent to act in the place of a parent, guardian, or legal
8custodian regarding the care or custody of a child.
9 Sec. 2. NEW SECTION. 633F.2 Power of attorney — temporary
10delegation of parental authority.
111. A parent, guardian, or legal custodian of a child, by a
12properly executed power of attorney, may delegate to another
13person any authority regarding the care or custody of the child
14except for any of the following powers:
15a. The power to consent to the child’s marriage.
16b. The power to consent to the child’s adoption.
17c. The power to consent to the performance or inducement of
18an abortion on or for the child.
19d. The power to consent to the termination of the parental
20rights of a parent of the child.
21e. The power to transfer the power of attorney to another
22person unless the other person is designated as a successor
23agent in the power of attorney.
242. A power of attorney executed under this chapter must be
25signed by all parents, guardians, and legal custodians. The
26power of attorney must be acknowledged before a notary public
27or other individual authorized by law to take acknowledgments.
28An agent named in the power of attorney shall not notarize the
29principal’s signature. An acknowledged signature on a power of
30attorney is presumed to be genuine.
313. A parent, guardian, or legal custodian of the child shall
32have the authority to revoke or terminate a power of attorney
33created under this chapter at any time by giving notice of the
34revocation in writing to the agent.
354. A power of attorney created under this chapter shall be
-1-1for a period of time not to exceed three months. A parent,
2guardian, or legal custodian of the child may execute a new
3power of attorney for an additional period of three months, but
4in no case shall a power of attorney created under this chapter
5be valid for more than six months. If a parent, guardian, or
6legal custodian revokes or terminates the power of attorney,
7the child shall be returned to the care and custody of the
8parent, guardian, or legal custodian within twenty-four hours
9of the date of the revocation or termination.
105. An agent shall exercise parental or legal authority on a
11continuous basis without compensation for the duration of the
12power of attorney and shall not be considered to be a foster
13parent subject to licensure by the department of human services
14pursuant to chapter 237.
156. A power of attorney executed under this chapter by a
16parent, guardian, or legal custodian shall not constitute
17abandonment, abuse, or neglect of the child under chapter 232
18by the parent, guardian, or legal custodian unless the parent,
19guardian, or legal custodian fails to take custody of the child
20upon the expiration of the power of attorney.
217. A power of attorney executed under this chapter by a
22parent, guardian, or legal custodian shall not be valid if the
23purpose is to avoid the filing of a child in need of assistance
24petition.
258. This chapter shall not apply to a power of attorney
26created pursuant to section 598C.204.
27 Sec. 3. NEW SECTION. 633F.3 Power of attorney temporary
28delegation of parental authority — form.
29A document substantially in the following form may be used
30to create a power of attorney temporary delegation of parental
31authority that has the meaning and effect prescribed by this
32chapter:
33POWER OF ATTORNEY TEMPORARY DELEGATION OF PARENTAL AUTHORITY
34FORM
351. POWER OF ATTORNEY
-2-1This power of attorney authorizes another person (your
2agent) to make decisions concerning your child or children for
3you (the principal). Your agent will be able to make decisions
4and act with respect to your child or children. The meaning
5of authority over the child or children listed on this form
6is explained in the Power of Attorney temporary delegation of
7parental authority, Iowa Code chapter 633F. This power of
8attorney does not grant the agent the power to consent to a
9child’s marriage or adoption, to the performance or inducement
10of an abortion on or for a child, or to the termination of
11parental rights of a parent of a child or to the transfer of the
12power of attorney to a person other than to a person designated
13as a successor agent in this power of attorney.
14You should select someone you trust to serve as your agent.
15Your agent is not entitled to compensation unless you state
16otherwise in the optional Special Instructions.
17This form provides for designation of one agent. If you
18wish to name more than one agent, you may name a coagent in the
19optional Special Instructions. Coagents must act by majority
20rule unless you provide otherwise in the optional Special
21Instructions.
22If your agent is unable or unwilling to act for you, your
23power of attorney will end unless you have named a successor
24agent. You may also name a second successor agent.
25This power of attorney becomes effective immediately upon
26signature and acknowledgment unless you state otherwise in the
27optional Special Instructions.
28If you have questions about this power of attorney or the
29authority you are granting to your agent, you should seek legal
30advice before signing this form.
31DESIGNATION OF AGENT
32I _________________________ (name of principal) name the
33following person as my agent:
34Name of Agent ____________________________________________
35Agent’s Address __________________________________________
-3-1Agent’s Telephone Number _________________________________
2DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)
3If my agent is unable or unwilling to act for me, I name as
4my successor agent:
5Name of Successor Agent __________________________________
6Successor Agent’s Address ________________________________
7Successor Agent’s Telephone Number _______________________
8If my successor agent is unable or unwilling to act for me, I
9name as my second successor agent:
10Name of Second Successor Agent ___________________________
11Second Successor Agent’s Address _________________________
12Second Successor Agent’s Telephone Number ________________
13GRANT OF GENERAL AUTHORITY
14I grant my agent and any successor agent general authority to
15act for me with respect to my child or my children as defined
16in the Power of Attorney Temporary Delegation of Parental
17Authority, Iowa Code chapter 633F.
18SPECIAL INSTRUCTIONS
19You may give special instructions including the name and
20date of birth of the child on the following lines:
21___________________________________________________________
22___________________________________________________________
23___________________________________________________________
24___________________________________________________________
25___________________________________________________________
26___________________________________________________________
27___________________________________________________________
28___________________________________________________________
29___________________________________________________________
30___________________________________________________________
31___________________________________________________________
32__________________________________________________________.
33EFFECTIVE DATE
34This power of attorney is effective immediately upon
35signature and acknowledgment unless I have stated otherwise in
-4-1the optional Special Instructions.
2RELIANCE ON THIS POWER OF ATTORNEY
3Any person, including my agent, may rely upon the validity of
4this power of attorney or a copy of it unless that person knows
5it has terminated or is invalid.
6SIGNATURE AND ACKNOWLEDGMENT
7______________________________________________________
8Your SignatureDate
9_____________________________
10Your Name Printed
11_____________________________
12_____________________________
13Your Address
14_____________________________
15Your Telephone Number
16State of ____________________
17County of ___________________
18This document was acknowledged before me on _______________
19(date), by __________________________ (name of principal)
20_____________________________(Seal, if any)
21Signature of Notary
22My commission expires ________________
23This document prepared by
24___________________________________________________________
25___________________________________________________________
262. IMPORTANT INFORMATION FOR AGENT
27AGENT’S DUTIES
28When you accept the authority granted under this power of
29attorney, a special legal relationship is created between the
30principal and you. This relationship imposes upon you legal
31duties that continue until you resign or the power of attorney
32is terminated or revoked. You must do all of the following:
33Act in good faith.
34Do nothing beyond the authority granted in this power of
35attorney.
-5-1Disclose your identity as an agent whenever you act for the
2principal by writing or printing the name of the principal and
3signing your own name as agent in the following manner:
4_______________________ (principal’s name) by
5_______________________ (your signature) as Agent
6Unless the Special Instructions in this power of attorney
7state otherwise, you must also do all of the following:
8Act loyally for the child’s or children’s and principal’s
9benefit.
10Avoid conflicts that would impair your ability to act in the
11child or children’s and principal’s best interest.
12Act with care, competence, and diligence.
13TERMINATION OF AGENT’S AUTHORITY
14You must stop acting on behalf of the principal if you learn
15of any event that terminates this power of attorney or your
16authority under this power of attorney. Events that terminate
17a power of attorney or your authority to act under a power of
18attorney include any of the following:
19The principal’s revocation of the power of attorney or your
20authority.
21The occurrence of a termination event stated in the power of
22attorney.
23The purpose of the power of attorney is fully accomplished.
24The time period specified in the power of attorney has
25expired.
26The three-month time period permitted under Iowa Code
27chapter 633F has expired.
28The three-month extension time period permitted under Iowa
29Code chapter 633F has expired.
30LIABILITY OF AGENT
31The meaning of the authority granted to you is defined in the
32Power of Attorney Temporary Delegation of parental authority,
33Iowa Code chapter 633F. If you violate the Power of Attorney
34Temporary Delegation of parental authority, Iowa Code chapter
35633F, or act outside the authority granted, you may be liable
-6-1for any damages caused by your violation.
2If there is anything about this document or your duties that
3you do not understand, you should seek legal advice.
4 Sec. 4. NEW SECTION. 633F.4 Agent’s certification —
5optional form.
6The following optional form may be used by an agent to
7certify facts concerning a power of attorney:
8IOWA STATUTORY POWER OF ATTORNEY TEMPORARY DELEGATION OF
9PARENTAL AUTHORITY AGENT’S CERTIFICATION FORM
10AGENT’S CERTIFICATION OF VALIDITY OF POWER OF ATTORNEY AND
11AGENT’S AUTHORITY
12State of _________________________
13County of ______________________
14I, ______________________________ (name of agent), certify
15under penalty of perjury that ______________________________
16(name of principal) granted me authority as an agent
17or successor agent in a power of attorney dated
18_____________________.
19I further certify all of the following to my knowledge:
20The principal is alive and has not revoked the power of
21attorney or the Power of Attorney and my authority to act under
22the Power of Attorney have not terminated.
23If the power of attorney was drafted to become effective
24upon the happening of an event or contingency, the event or
25contingency has occurred.
26If I was named as a successor agent, the prior agent is no
27longer able or willing to serve.
28__________________________________________________________
29__________________________________________________________
30__________________________________________________________.
31(Insert other relevant statements)
32SIGNATURE AND ACKNOWLEDGMENT
33______________________________________________________
34Agent’s SignatureDate
35_____________________________
-7-1Agent’s Name Printed
2_____________________________
3_____________________________
4Agent’s Address
5_____________________________
6Agent’s Telephone Number
7This document was acknowledged before me on _______________
8(date), by __________________________ (name of agent)
9_____________________________(Seal, if any)
10Signature of Notary
11My commission expires ________________
12This document prepared by
13___________________________________________________________
14___________________________________________________________
15EXPLANATION
16The inclusion of this explanation does not constitute agreement with
17the explanation’s substance by the members of the general assembly.
18This bill relates to the temporary delegation of parental
19authority by the parent, guardian, or legal custodian of a
20child.
21The bill provides that a parent, guardian, or legal
22custodian of a child, by a properly executed power of attorney,
23may delegate to another person any powers regarding the care
24or custody of the child except the power to consent to the
25child’s marriage, the power to consent to the child’s adoption,
26the power to consent to the performance or inducement of an
27abortion on or for the child, the power to consent to the
28termination of the parental rights of a parent of the child,
29and the power to transfer the power of attorney to another
30person unless the other person is designated as a successor
31agent in the power of attorney. A power of attorney executed
32under the bill must be signed by all parents, guardians, and
33legal custodians of a child and must be properly acknowledged
34by a notary. A parent, guardian, or legal custodian shall
35have the authority to revoke or terminate a power of attorney
-8-1created under the bill at any time.
2A power of attorney created under the bill shall be for
3a period of time not to exceed three months. The parent,
4guardian, or legal custodian of the child may execute a new
5power of attorney for an additional period of three months, but
6a power of attorney created under the bill cannot exceed six
7months. If the parent, guardian, or legal custodian revokes or
8terminates the power of attorney, the child shall be returned
9to the care and custody of the parent, guardian, or legal
10custodian within 24 hours of the date of the revocation or
11termination.
12An agent (person granted authority to act for a parent,
13guardian, or legal custodian under a power of attorney
14created in the bill) is required to exercise parental or legal
15authority on a continuous basis without compensation for the
16duration of the power of attorney and shall not be considered
17to be a foster parent subject to licensure by the department
18of human services pursuant to Code chapter 237 (child foster
19care facilities). A power of attorney executed under the bill
20by a parent, guardian, or legal custodian shall not constitute
21abandonment, abuse, or neglect of the child under Code chapter
22232 by the parent, guardian, or legal custodian unless the
23parent, guardian, or legal custodian fails to take custody of
24the child or to execute a subsequent power of attorney upon the
25expiration of the power of attorney.
26A power of attorney created under the bill is not valid
27if the purpose is to avoid the filing of a child in need of
28assistance petition.
29The bill does not apply to a power of attorney created
30pursuant to Code section 598C.204 (power of attorney under the
31uniform deployed parents custody and visitation Act).
32The bill provides a form for a temporary delegation of a
33parental authority power of attorney.
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