Iowa · Iowa Code §§633B.105–633B.120Iowa power of attorney at closing: notarization and the duty to accept

Under Iowa's Uniform Power of Attorney Act, a power of attorney is signed by the principal, or in the principal's conscious presence by another individual – not a prospective agent – at the principal's direction, and it must be acknowledged before a notary public or other person authorized to take acknowledgments; an agent named in the power may not notarize the principal's signature, and an acknowledged signature is presumed genuine (Iowa Code §633B.105). A photocopy or electronically transmitted copy has the same effect as the original unless the law provides otherwise (§633B.106(4)). A person that in good faith accepts an acknowledged power of attorney without actual knowledge of a problem may rely on it, and may request an agent's certification, an English translation, or an opinion of the agent's counsel with a written reason; a translation or opinion is at the principal's expense unless requested more than ten business days after presentation (§633B.119). The person must accept the power, or make one of those requests, within seven business days after presentation, and accept within five business days after receiving what it asked for, without requiring a different form unless an exception applies – such as a good-faith belief that the power isn't valid, the agent lacks authority, or the power doesn't comply with federal or state law (§633B.120(1)–(2)). A wrongful refusal can bring a court order to accept and liability for the principal's damages and reasonable attorney fees and costs, in an action brought within one year of the initial request (§633B.120(3)).