Get your Healthcare Power of Attorney and Financial Power of Attorney documents finalized and signed before taking life’s next steps.

Meet in person with Attorney Michelle Christen to prepare, discuss, and sign your power of attorney documents.

*Services must be for persons aged 18-25 to be eligible for the discount.

FAQs regarding Power of Attorney

Why do I need a power of attorney?  At some point in your life you will need someone to assist in your healthcare decisions and the management of your assets.  It is best to appoint a person when you are in good physical and mental health.  If you are not competent, you cannot appoint.  A person concerned for your well-being will need to petition the court to be appointed as your guardian and/or conservator.  

A power of attorney is a private document that is not supervised by the court and does not require annual reports.  A guardianship and/or conservatorship often includes the involvement of an attorney, has annual reporting requirements and may have court costs. 

What is a power of attorney?  A power of attorney is a legal document appointing a person to act as your agent, in your shoes, if a specific situation occurs.   The power of attorney document provides the specific authority granted to the agent and the specific conditions that trigger when the agent may act. 

What is a healthcare power of attorney?  This document appoints a person to act on your behalf if your attending doctor states that you are unable to make your own healthcare decisions.  When the power of attorney document is “durable” it means that the agent acts for the individual when the specific condition exists and when the specific condition no longer exists, the decisions revert back to the individual. 

What is a financial power of attorney?  This document, also called a “statutory power of attorney”, appoints a person to manage your property.  The document should specify when it is effective (see additional information below) and what specific property can be managed by the power of authority.  Iowa Code 633B provides a thorough list of authorities that can be granted by the principal.

What is a durable power of attorney?  The term “durable” means the appointment of an agent does not terminate by the principal’s incapacity.  In Iowa, the power of attorney document, if it is prepared consistent with the Iowa laws, are durable unless otherwise stated.  The document itself states what authority is granted to the power of attorney.  The authority may be healthcare decisions, financial decisions or both.  In Iowa, attorneys typically separate the healthcare from the financial to avoid confusion.

Who can sign a power of attorney?  The document is signed by the principal.  The principal is the person appointing an agent to act for them.

Does the agent/power of attorney sign?  No, the document is only signed by the principal.  The principal should give a copy to their agent and to their doctor.  The document may include a statement indicating the agent has been notified and consents to the appointment, but it is not required.

How do I change a power of attorney?  If you are the principal, the person who signed the document, you can revoke the power of attorney at any time and in any manner by communicating to the attorney in fact orally or in writing that you revoke the power.  Also, you may notify your current healthcare provider of a revocation.  A revocation to a healthcare provider has to be by the principal or by a person who has been told by the principal of the revocation. Best practices would be to execute a new document naming new agent and sending written notice to the former agent.

Do I include my last wishes?  You can include specific instructions for your healthcare decisions including end of life decisions.  The document is only valid for your lifetime and after death instructions are not legally enforceable. 

Can I include my funeral and burial wishes?  You can, but inclusion of funeral and burial wishes in a healthcare power of attorney or last will and testament are not legally enforceable. Your wishes regarding funeral and burial should be communicated to the person who is legally authorized to make those decisions after your death.  If the person who is legally authorized to make the decisions is not a person you trust to act consistent with your wishes, you can execute a power of attorney to appoint a person to make decisions after your death for the ceremonies to be performed and for decision regarding the final disposition of your remains.  The language to appoint a person must be consistent with Iowa Code Chapter 144C.  The section of 144C that states who legally has the right to control the final disposition of remains is 144C.5. 

Does a power of attorney need to be notarized?  A financial power of attorney requires an acknowledged signature by a notary public.  There are two options for validly signing a healthcare power of attorney.  It can be signed and dated in the presence of two witnesses or it can be signed and dated before a notary public.  If you use two witnesses, one witness cannot be a relative by blood, marriage or adoption and a witness cannot be an attending healthcare provider.  If you use two witnesses you do not need a notary public.

When is a power of attorney effective?

The document itself states what condition must occur for the power of attorney to act.  The default language for activating the healthcare power of attorney is when the principal’s attending doctor states that the principal is unable to make your own healthcare decisions.  This statement should be made in writing and kept with the principal’s medical records.

For a financial power of attorney, it is effective when signed unless the document states that it is effective upon the occurrence of a specific event or when the principal is incapacitated.  If the named power of attorney believes the principal lacks capacity to manage his or her property, they need to get a physician’s decision in writing.  The named power of attorney has authority to communicate with the principal’s health care provider to determine capacity.

Is there a way to remove a power of attorney?  The healthcare power of attorney has a duty to act in consistent with the desires expressed by the principal or otherwise made known at any time. If the desires are unknown, the power of attorney must act in the best interest of the principal taking into account the current medical condition and prognosis.   To have a healthcare power of attorney removed, a district court must find that the power of attorney is acting in a manner contrary to the wishes of the principal.  The interested person may file a petition to be appointed as a guardian of the principal under Iowa Code 633.

The conduct and actions of the financial power of attorney can be reviewed by the court upon a petition filed by a qualified person.  The list of qualified persons are in Iowa Code 633B.116.

Does a guardianship cancel the healthcare power of attorney? No, under Iowa Code 144B.6, the power of attorney has priority to make healthcare decisions.

Does a conservatorship cancel the financial power of attorney? Yes, unless the document states otherwise, the power of attorney is suspended after the court appoints a conservator.

What is the difference between a healthcare power of attorney and advanced directive?  An advanced directive is a legal document that informs your healthcare providers and your loved ones of what decisions you want made for you if you are unable to make your own decisions.  An advanced directive instructs the power of attorney of the wishes of the principal for life sustaining procedures.  The healthcare power of attorney document can also include additional instructions to the agent for end of life healthcare.  For example, that you would like in-home hospice.

There is additional advanced directive information at this link - https://hopewoodjd.com/living-wills

Can I use an online form for a power of attorney?  Although a free or low cost online form seems like the path of least resistance, it is not recommended that you use a power of attorney document that is not prepared by an attorney.  If cost is a concern, contact your state or local legal aid about options.