General Power of Attorney

Published on May 2016 | Categories: Types, Business/Law | Downloads: 77 | Comments: 0 | Views: 514
of 5
Download PDF   Embed   Report

Fill in General Power of Attorney Form

Comments

Content

Power of Attorney, General
I, __________________(“Declarant”), residing at __________________________, hereby appoint _____________________ (“Agent”) of _______________________, as my attorney-in-fact ("Agent") to exercise the po ers and discretions described belo ! If the Agent is "nable or "n illing to ser#e for any reason, I appoint ________________ (“Alternate Agent”), of _______________________________, as my alternate or s"ccessor Agent, as the case may be to ser#e ith the same po ers and discretions! I hereby re#o$e any and all general po ers of attorney and special po ers of attorney that pre#io"sly ha#e been signed by me! %o e#er, the preceding sentence shall not ha#e the effect of re#o$ing any po ers of attorney that are directly related to my health care that pre#io"sly ha#e been signed by me! &y Agent shall ha#e f"ll po er and a"thority to act on my behalf! 'his po er and a"thority shall a"thori(e my Agent to manage and cond"ct all of my affairs and to exercise all of my legal rights and po ers, incl"ding all rights and po ers that I may ac)"ire in the f"t"re! &y Agent*s po ers shall incl"de, b"t not be limited to, the po er to+ ,! -pen, maintain or close ban$ acco"nts (incl"ding, b"t not limited to, chec$ing acco"nts, sa#ings acco"nts, and certificates of deposit), bro$erage acco"nts, retirement plan acco"nts, and other similar acco"nts ith financial instit"tions! a! .ond"ct any b"siness ith any ban$ing or financial instit"tion ith respect to any of my acco"nts, incl"ding, b"t not limited to, ma$ing deposits and ithdra als, negotiating or endorsing any chec$s or other instr"ments ith respect to any s"ch acco"nts, obtaining ban$ statements, passboo$s, drafts, money orders, arrants, and certificates or #o"chers payable to me by any person, firm, corporation or political entity! b! /erform any act necessary to deposit, negotiate, sell or transfer any note, sec"rity, or draft of the 0nited 1tates of America, incl"ding 0!1! 'reas"ry 1ec"rities! c! %a#e access to any safe deposit box that I might o n, incl"ding its contents!

2! 1ell, exchange, b"y, in#est, or rein#est any assets or property o ned by me! 1"ch assets or property may incl"de income prod"cing or non-income prod"cing assets and property! 3! /"rchase and4or maintain ins"rance and ann"ity contracts, incl"ding life ins"rance "pon my life or the life of any other appropriate person! 5! 'a$e any and all legal steps necessary to collect any amo"nt or debt o ed to me, or to settle any claim, hether made against me or asserted on my behalf against any other person or entity! 6! 7nter into binding contracts on my behalf!

8! 7xercise all stoc$ rights on my behalf as my proxy, incl"ding all rights stoc$s, bonds, debent"res, commodities, options or other in#estments! 9! :! &aintain and4or operate any b"siness that I may o n!

ith respect to

7mploy professional and b"siness assistance, as may be appropriate, incl"ding attorneys, acco"ntants, and real estate agents, for my personal or b"siness affairs!

;! 1ell, con#ey, lease, mortgage, manage, ins"re, impro#e, repair, or perform any other act ith respect to any of my property (no o ned or later ac)"ired) incl"ding, b"t not limited to, real estate and real estate rights (incl"ding the right to remo#e tenants and to reco#er possession)! 'his incl"des the right to sell or enc"mber any homestead that I no o n or may o n in the f"t"re! ,<! /repare, sign, and file doc"ments b"t not limited to, a"thori(ation to+ ith any go#ernmental body or agency, incl"ding, ith federal, state, local, and

a! /repare, sign and file income and other tax ret"rns other go#ernmental bodies!

b! -btain information or doc"ments from any go#ernment or its agencies, and represent me in all tax matters, incl"ding the a"thority to negotiate, compromise, or settle any matter ith s"ch go#ernment or agency! c! /repare applications, pro#ide information, and perform any other act reasonably re)"ested by any go#ernment or its agencies in connection ith go#ernmental benefits (incl"ding medical, military and social sec"rity benefits), and to appoint anyone, incl"ding my Agent, to act as my "=epresentati#e /ayee" for the p"rpose of recei#ing 1ocial 1ec"rity benefits! ,,! &a$e gifts from my assets to members of my family and to s"ch other persons or charitable organi(ations ith hom I ha#e an established pattern of gi#ing, to file state and federal gift tax ret"rns, and to file a tax election to split gifts ith my spo"se, if any! %o e#er, my Agent shall be prohibited, except as specifically a"thori(ed in this instr"ment, from (a) gifting, appointing, assigning or designating any of my assets, interests or rights, directly or indirectly, to my Agent, my Agent*s estate or creditors, or the creditors of my Agent*s estate, (b) exercising any po ers of appointment I may hold in fa#or of my Agent, my Agent*s estate or creditors, or the creditors of my Agent*s estate, or (c) "sing my assets to discharge any of my Agent*s legal obligations, incl"ding any obligations of s"pport hich my Agent may o e to others, excl"ding those hom I am legally obligated to s"pport! I appoint ___________, of ____________________, as my s"bstit"te Agent for the sole p"rpose of ma$ing gifts of my property to my Agent or disclaiming assets that then pass directly or indirectly to my Agent or my Agent*s estate, as either may be appropriate ("nless this s"bstit"te Agent is also the Agent)! ,2! 'ransfer any of my assets to the tr"stee of any re#ocable tr"st created by me, if s"ch tr"st is in existence at the time of s"ch transfer!

,3! 1"b>ect to other pro#isions of this doc"ment, disclaim any interest, hich might other ise be transferred or distrib"ted to me from any other person, estate, tr"st, or other entity, as may be appropriate! %o e#er, my Agent may not disclaim assets, to hich I o"ld be entitled, if the res"lt is that the disclaimed assets pass directly or indirectly to my Agent or my Agent*s estate! 'his /o er of Attorney shall be constr"ed broadly as a general /o er of Attorney! 'he listing of specific po ers is not intended to limit or restrict the general po ers granted in this /o er of Attorney in any manner! Any po er or a"thority granted to my Agent "nder this doc"ment shall be limited to the extent necessary to pre#ent this /o er of Attorney from ca"sing+ (i) my income to be taxable to my Agent, (ii) my assets to be s"b>ect to a general po er of appointment by my Agent, or (iii) my Agent to ha#e any incidents of o nership ith respect to any life ins"rance policies that I may o n on the life of my Agent! &y Agent shall not be liable for any loss that res"lts from a >"dgment error that as made in good faith! %o e#er, my Agent shall be liable for illf"l miscond"ct or the fail"re to act in good faith hile acting "nder the a"thority of this /o er of Attorney! A s"ccessor Agent shall not be liable for acts of a prior Agent! ?o person ho relies in good faith on the a"thority of my Agent "nder this instr"ment shall inc"r any liability to my estate, my personal representati#e or me! I a"thori(e my Agent to indemnify and hold harmless any third party ho accepts and acts "nder this doc"ment! If any part of any pro#ision of this instr"ment shall be in#alid or "nenforceable "nder applicable la , s"ch part shall be ineffecti#e to the extent of s"ch in#alidity only, itho"t in any ay affecting the remaining parts of s"ch pro#ision or the remaining pro#isions of this instr"ment! &y Agent shall be entitled to reasonable compensation for any ser#ices pro#ided as my Agent! &y Agent shall be entitled to reimb"rsement of all reasonable expenses inc"rred as a res"lt of carrying o"t any pro#ision of this /o er of Attorney! &y Agent shall pro#ide an acco"nting for all f"nds handled and all acts performed as my Agent, b"t only if I so re)"est or if s"ch a re)"est is made by any a"thori(ed personal representati#e or fid"ciary acting on my behalf! 'his /o er of Attorney shall become effecti#e immediately, and shall not be affected by my disability or lac$ of mental competence, except as may be pro#ided other ise by an applicable state stat"te! 'his is a D"rable /o er of Attorney! 'his /o er of Attorney shall contin"e effecti#e "ntil my death! 'his /o er of Attorney may be re#o$ed by me at any time by pro#iding ritten notice to my Agent! __________________ Declarant _______________ @itness 1ignat"re+ Address+ Date+ _____________________ @itness 1ignat"re Address

'he foregoing instr"ment as ac$no ledged before me on ______________, by .laimant, _______________, ho is personally $no n to me or ho has prod"ced _________________ as identification!

___________________________________ 1ignat"re of ?otary ta$ing ac$no ledgment Date of 7xpiration+

/o er of Attorney, Aeneral
=e#ie Bist 'his re#ie list is pro#ided to inform yo" abo"t this doc"ment in )"estion and assist yo" in its preparation! A /o er of Attorney m"st be signed by a principal ho is mentally competent and the signat"re sho"ld be notari(ed! ?otari(ation is strongly recommended to ma$e it harder for a third party to challenge the #alidity of the signat"re, and allo s the doc"ment to be "recorded" for "se ith real estate transactions, if recording becomes necessary or ad#isable! ' o itnesses are recommended to meet the standard of #ario"s state la s! As "s"al, itnesses sho"ld be ad"lts o#er 2,, not be related to the Declarant, nor benefit in any ay from his or her acti#ities, assets, or anything else! &a$e se#eral copies! Ce s"re to send copies to anyone ha#ing or possibly ha#ing a pre#io"s /o er of Attorney in their possession! Deep one in yo"r home safe and gi#e one to yo"r la yer, sho"ld yo" ha#e one! If there is any )"estion of mental competence, be s"re to incl"de a physicianEs statement to the effect the Declarant is f"lly and completely mentally competent! 1"ch a form is incl"ded in the /o er of Attorney section!

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close