Iowa Amends Power of Attorney Act
Iowa has made amendments to its Power of Attorney Act regarding an agent’s termination or suspension of authority. These provisions are effective as of July 1, 2018.
The current section of the Act provides that an agent’s authority as power of attorney can be terminated under various circumstances, including when the principal revokes authority and when the agent dies, becomes incapacitated, or resigns. Under the amendment to this section, an agent’s powers can now be terminated if the agent is named as the abuser in an abuse report regarding the principal’s financial resources, or if the agent is convicted of dependent adult abuse related to the principal’s financial resources.
The Act has also been amended to allow any person who becomes aware of pending criminal charges of dependent adult abuse against a principal to petition the court to construe a power of attorney or to review an agent’s conduct.
Finally, the amended Act provides that the court, upon receiving such a petition, may suspend the agent’s power of attorney and may appoint a guardian ad litem to represent the principal. Under this bill, the guardian ad litem must be a practicing attorney.
For the full text of House File 2402, please refer to https://www.legis.iowa.gov/docs/publications/LGI/87/HF2402.pdf
Elizabeth Dailey, JD, is a Regulatory Compliance Director with CLA. She is a graduate of the University of New Hampshire and earned her juris doctor at New England Law. She is admitted to the Massachusetts Bar.
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