What is a power of attorney?

A power of attorney (POA) is a legal document that authorizes a designated person (called an attorney-in-fact) to act on behalf of another person, known as the principal. In Iowa, power of attorney is a very useful legal tool, as it allows the principal to grant another person the authority to make decisions on their behalf. There are two primary types of POA in Iowa: durable and non-durable. A durable POA generally remains in effect even if the principal becomes incapacitated, while a non-durable POA typically terminates upon the principal’s incapacity. The principal grants the attorney-in-fact specific powers, such as signing documents, filing tax returns, and making medical decisions. In the legal context, guardianship law and power of attorney are closely related. Guardianship law governs the rights and responsibilities of guardians and powers of attorney are how those rights and responsibilities are granted. Generally, a guardian has more power than an attorney-in-fact, as they are responsible for making decisions regarding the personal, social, and financial well-being of their ward. POA is important for individuals who cannot personally manage their own affairs, as it allows them to appoint someone they trust to make decisions on their behalf. It is important to note, however, that the Iowa state legislature has set strict parameters about the types of decisions the attorney-in-fact can make, and the level of authority they have.

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