Unless the power of attorney otherwise provides and subject to section 633B.201, language in a power of attorney granting general authority with respect to real property authorizes the agent to do all of the following:
- 1. Demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property.
- 2. Sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; retain title for security; encumber; partition; consent to partitioning; be subject to an easement or covenant; subdivide; apply for zoning or other governmental permits; plat or consent to platting; develop; grant an option concerning; lease; sublease; contribute to an entity in exchange for an interest in that entity; or otherwise grant or dispose of an interest in real property or a right incident to real property, including the transfer or release of any and all of the principal’s homestead rights under section 561.13 and chapter 597.
- 3. Pledge or mortgage an interest in real property or a right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal, including the transfer or release of any and all of the principal’s homestead rights under section 561.13 and chapter 597.
- 4. Release, assign, satisfy, or enforce by litigation or otherwise, a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property which exists or is asserted.
5. Manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including but not limited to by doing all of the following:
- a. Insuring against liability or casualty or other loss.
- b. Obtaining or regaining possession of or protecting the interest or right by litigation or otherwise.
- c. Paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with them.
- d. Purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property.
- 6. Use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right.
7. Participate in a reorganization with respect to real property or an entity that owns an interest in or a right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including by doing any of the following:
- a. By selling or otherwise disposing of the stocks, bonds, or other property.
- b. By exercising or selling an option, right of conversion, or similar right.
- c. By exercising any voting rights in person or by proxy.
- 8. Change the form of title of an interest in or right incident to real property.
- 9. Dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.
- 10. Relinquish any and all of the principal’s rights of dower, homestead, and elective share.
2014 Acts, ch 1078, §29; 2015 Acts, ch 29, §109; 2016 Acts, ch 1088, §5, 8, 9; 2018 Acts, ch 1030, §1, 2
Referred to in §633B.201, 633B.202, 633B.203