Durable Power of Attorney

DURABLE POWER OF ATTORNEY

I, ______of ______, City of ______, County of ______, State of ______, (“Principal”) hereby appoint ______of ______, City of ______, County of ______, State of ______, my lawful attorney-in-fact (“Agent”). If my Agent is unable, unavailable or unwilling to serve, then I appoint ______of ______, City of ______, County of ______, State of ______, my lawful attorney in fact. My Agent has the authority and power to act in my stead and on behalf with regard to the following:

POWERS GRANTED

(Initial powers you wish to authorize)

______Personal Property: To lease, purchase, exchange, and acquire, and to agree, bargain and contract for the lease, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or interest thereon, on such terms and conditions, and under such covenants, as my Agent shall deem proper and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to deeds of trust, and hypothecate, and in any way or manner deal with all or any part of any personal property whatsoever, tangible or intangible, or any interest therein, that I now own or may hereafter acquire, for me, in my behalf, and in my name and under such terms and conditions, and under such covenants, as my Agent shall deem proper;

______Real Property: To lease, purchase, exchange, and acquire, and to agree, bargain and contract for the lease, purchase, exchange, and acquisition of, and to accept, take, receive, and possess any real property whatsoever, or interest thereon, on such terms and conditions, and under such covenants, as my Agent shall deem proper and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to deeds of trust, and hypothecate, and in any way or manner deal with all or any part of any real property whatsoever, or any interest therein, that I now own or may hereafter acquire, for me, in my behalf, and in my name and under such terms and conditions, and under such covenants, as my Agent shall deem proper;

______Financial Institution Transactions: To request, ask, demand, sue for, recover, collect, receive, and hold and possess all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bonds, dividends, certificates of deposit, annuities, pension and retirement benefits, insurance benefits and proceeds, any and all documents of title, choses in action, personal and real property, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, as now are, or shall hereafter become, owned by, or due, owing, payable, or belonging to me or in which I have or may hereafter acquire interest, to have, use and take all lawful means and equitable and legal remedies, procedures, and writs in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to make, execute, and deliver for me, on my behalf, and in my name, all endorsements, acquittances, releases, receipts, or other sufficient discharges for the same;

______Business Transactions: To make, receive, sign, endorse, execute, acknowledge, deliver, and possess such applications, contracts, agreements, options, covenants, conveyances, deeds, trust deeds, security agreements, bills of lading, warehouse receipts, documents of title, bills, bonds, debentures, checks, drafts, bills of exchange, letters of credit, notes, stock certificates, proxies, warrants, commercial paper, receipts, withdrawals deposits in, or certificates of deposit of banks, savings and loan or other institutions or associations, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, liens, judgments, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be necessary or proper in the exercise of the rights and powers herein granted;

______Tax Issues: To represent me in any and all proceedings now pending or hereafter arising between me and the Treasury Department of the United States Government or any other federal, state or foreign governmental authorities relative to my income, gift, estate or other tax liability for all years, granting unto my Agent full power in my name and on my behalf to appear before proper officials of the Treasury Department or any other federal, state or foreign government officials; to adjust, settle, compromise or otherwise dispose of all questions relative to any of the said tax liabilities; to receive copies of my tax returns and any papers, letters or other communications concerning any or all of said tax liabilities; to sign any waivers of the statute of limitations or any other waivers; to sign closing agreements for final determination of tax liability; to prepare, sign and file with any and all governmental authorities tax returns or other returns, requests for rulings and determinations, protests, appeals, consents and other documents; to execute and file refund claims or any other claims; to receive, to endorse and collect, checks in settlement of any refund; to execute and file petitions to the Tax Court of the United States and all others papers in connection with such proceedings; to execute on my behalf IRS Form 2848 and appoint my Agent or any suitable person selected by my Agent as my representative before the Internal Revenue Service;

______Business operations: To conduct, engage in, and transact any and all lawful business of whatever nature or kind for me, on my behalf, and in my name;

______Claims: To prosecute, defend, end or commence any and all actions related in any way to my real or personal property, tangible or intangible. To defend, settle, negotiate, arbitrate and compromise in any claims or demands that has arisen or may arise between me and any person or entity as my Agent shall deem proper;

______Estate and Beneficiaries: To exercise, release, accept, reject, renounce, assign, disclaim, demand, claim and recover any bequest, devise, gift or other interest payable to me; establish a revocable trust for my benefit until my death and payable to the representative of my estate, and to exercise any powers with respect to trusts and estates which I could perform if I were not incapacitated, EXCEPT my Agent MAY NOT make or change a will or amend a trust already in existence;

______Professionals and Contractors: To hire or remove professionals and contractors managing or handling any of my tangible, intangible, real or personal property, as my Agent deems proper and to pay salaries and wages for such professionals and contractors;

______Government Benefits: To sign for and file any claim or application for unemployment, military service benefits, Social Security, Medicare and Medicaid and any other governmental benefits to which I may be entitled; to hold, deposit collect and take title to any governmental benefits to which I may be entitled and to exercise any powers with regard to such benefits as I may have if I were present with capacity;

______Other: (list other powers or limitations of powers here.)

______;

This Power of Attorney is effective immediately and will continue until it is revoked;

This is a Durable Power of Attorney and shall remain effective during my disability or incapacity;

My Agent may delegate the powers granted to the Agent by this Power of Attorney by a delegation in writing which makes reference to this Power of Attorney and otherwise complies with applicable law;

My Agent shall be entitled to reasonable compensation and shall be reimbursed in full for any loss or expense incurred or suffered by him or her as a result of acting as my Agent;

This Power of Attorney shall be governed by and construed in accordance with the laws of the State of ______.

Any third party who receives a copy of this document and is without notice of revocation may rely on it. I agree to indemnify and hold harmless any third party form any claims that arise out of reliance on this power of attorney without notice of revocation.

Dated at ______, this _____ day of ______, 20____.

______
Principal
______
Print Name

Affirmation by Witness

I, ______witnessed the signature of this Power of Attorney by the Principal, and I affirm that the Principal appeared to me to be of sound mind, was not under duress, and the Principal affirmed to me that she was aware of the nature of this Power of Attorney and signed it freely and voluntarily.

______
Witness

Print Name: ______

Acknowledgment

State of ______

County of______, s.s.

At ______, in said County and State, personally appeared ______, the Principal, who is known to me or was otherwise suitably identified, did acknowledge to me that the execution of this Power of Attorney was the Principal’s free act and deed.

______

Notary Public

Print Name ______

Commission Expires:

Acceptance by Agents

The undersigned, Agents, execute this Power of Attorney, and by such execution do hereby affirm that they: (A) accept the appointment as Agent; (B) understand the duties under the Power of Attorney and under the law; (C) understand that they have a duty to act in the Principal’s best interest; (D) understand that they are expected to use any special skills or expertise on behalf of the Principal if so specified in the Power of Attorney; and (E) acknowledge the additional duties of the Agent set forth in ______(insert relevant power of attorney statute under state law.)

AGENTS

Date: ______

Nothing herein shall be considered legal advice. You are encouraged to seek legal advice from an attorney licensed to practice in your jurisdiction before using this form.