Clear Money Guide
What this state guide covers
A quick view of the questions, practical details and source notes below.
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Updated August 3, 2026. Quick answer: Notarization (acknowledgment) required; no witnesses required. Must be signed by the principal, or in the principal’s conscious presence by another individual (not a prospective agent) directed by the principal, and acknowledged before a notary public or other authorized individual. This state publishes a free official form, linked below. A power of attorney here is durable by default — it survives incapacity unless it says otherwise.
| Execution | Notarization (acknowledgment) required; no witnesses required. Must be signed by the principal, or in the principal’s conscious presence by another individual (not a prospective agent) directed by the principal, and acknowledged before a notary public or other authorized individual. |
| Statutory form | Yes — Iowa Code §633B.301 |
| Durability | Durable by default |
| Who may not witness | None stated (no witness requirement exists); the named agent specifically may not notarize the principal’s signature (Iowa Code §633B.105). |
| Agent must accept in writing | No |
| Statute | Iowa Code ch. 633B (Iowa Uniform Power of Attorney Act) |
What decides whether the document is valid
Notarization (acknowledgment) required; no witnesses required. Must be signed by the principal, or in the principal’s conscious presence by another individual (not a prospective agent) directed by the principal, and acknowledged before a notary public or other authorized individual. Get this wrong and the document is not merely weak — it may be void, and you will find out at the moment somebody needs to use it.
Who may not witness: None stated (no witness requirement exists); the named agent specifically may not notarize the principal’s signature (Iowa Code §633B.105). Where a state does bar particular people from witnessing, this is the condition that most often fails in practice, because the people in the room are usually the people with an interest.
The free official form
Iowa publishes a form at no cost: the official Iowa power of attorney form. For a straightforward appointment this is usually all you need, and there is no reason to pay for a copy of it.
If you choose a document service
Prepare a power of attorney
Review LawDepot’s financial power-of-attorney form alongside your state’s official forms and the alternatives in this guide.
If you need advice about your situation, compare the attorney route in this guide before choosing a document service.
The link goes to LawDepot, a paid legal-document service, not Clear Money Guide and not a law firm. LawDepot pays Clear Money Guide a commission if you buy a document there, at no extra cost to you. You are under no obligation to buy anything. We are not a law firm and this is not legal advice.
Review LawDepot’s power of attorneyOpens on LawDepot. Follow the signing instructions for your state.
How our partner relationships workDurability — the point most people get wrong
Here a power of attorney is durable by default: it keeps working after the principal loses capacity unless the document says it should not. That is the opposite of the historical rule and it is why old advice about needing magic words can mislead.
Why a springing power often fails when it is needed, and why durable is usually the better default.
If a bank refuses it
Iowa addresses this by statute: Yes, with deadline and sanction: a person presented with an acknowledged POA must accept it, or request certification/translation/opinion of counsel, within 7 business days of presentation; if such a request is made, must accept within 5 business days of receiving the response. May not demand a different/additional POA form, subject to listed exceptions. Wrongful refusal exposes the refuser to a court order compelling acceptance and liability for damages plus reasonable attorney fees/costs (suit within 1 year). Iowa Code §633B.120.
What the form does not solve
- Social Security will not accept it. No power of attorney works there — a representative-payee application is the only route.
- It has to be signed while capacity is intact. The day that closes, the alternative is a court.
- Name a successor agent. A document whose only named agent has died or declined does nothing — how to choose when there is no obvious person.
All 51 jurisdictions compared.
General information drawn from IRS, Medicare, HUD and state statute and regulation, not legal, tax or financial advice. Continuing-care law is state law and differs materially between states; every figure here is year-labelled and every source named. Powers of attorney, guardianship and trusts are governed by STATE law and differ materially between states. Execution requirements decide whether a document is VALID, so verify them against your own state’s current statute before signing anything. We are not a law firm and this is not legal advice.