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FLORIDA GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
ONLY IF YOU BECOME DISABLED OR INCOMPETENT
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT
ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN
THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT. IF
YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT
LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE
ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS
FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU
LATER WISH TO DO SO.
I ____________________________________________________________________________
_____________________________________________ [insert your name and address]
appoint _____________________________________________ [insert the name and
address of the person appointed] as my Agent (attorney-in-fact) to act for
me in any lawful way with respect to the following initialed subjects:
TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF (N) AND
IGNORE THE LINES IN FRONT OF THE OTHER POWERS.
TO GRANT ONE OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL
THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING.
TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED
NOT, CROSS OUT EACH POWER WITHHELD.
Note: If you initial Item A or Item B, which
follow, a notarized signature will be required on
behalf of the Principal.
INITIAL
_______ (A) Real property transactions. To
lease, sell, mortgage, purchase, exchange, and acquire,
and to agree, bargain, and contract for the lease,
sale, purchase, exchange, and acquisition of, and
to accept, take, receive, and possess any interest
in real property whatsoever, on such terms and conditions,
and under such covenants, as my Agent shall deem
proper; and to maintain, repair, tear down, alter,
rebuild, improve manage, insure, move, rent, lease,
sell, convey, subject to liens, mortgages, and security
deeds, and in any way or manner deal with all or
any part of any interest in real property whatsoever,
including specifically, but without limitation, real
property lying and being situated in the State of
Florida, under such terms and conditions, and under
such covenants, as my Agent shall deem proper and
may for all deferred payments accept purchase money
notes payable to me and secured by mortgages or deeds
to secure debt, and may from time to time collect
and cancel any of said notes, mortgages, security
interests, or deeds to secure debt.
_______ (B) Tangible personal property transactions. To lease,
sell, mortgage, purchase, exchange, and acquire, and to agree, bargain, and
contract for the lease, sale, purchase, exchange, and acquisition of, and to
accept, take, receive, and possess any personal property whatsoever, tangible
or intangible, or interest thereto, 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 liens or mortgages, or
to take any other security interests in said property which are recognized
under the Uniform Commercial Code as adopted at that time under the laws of
the State of Florida or any applicable state, or otherwise hypothecate (pledge),
and in any way or manner deal with all or any part of any real or personal
property whatsoever, tangible or intangible, or any interest therein, that
I own at the time of execution or may thereafter acquire, under such terms
and conditions, and under such covenants, as my Agent shall deem proper.
_______ (C) Stock and bond transactions. To
purchase, sell, exchange, surrender, assign, redeem,
vote at any meeting, or otherwise transfer any and
all shares of stock, bonds, or other securities in
any business, association, corporation, partnership,
or other legal entity, whether private or public, now
or hereafter belonging to me.
_______ (D) Commodity and option transactions. To
organize or continue and conduct any business which
term includes, without limitation, any farming, manufacturing,
service, mining, retailing or other type of business
operation in any form, whether as a proprietorship,
joint venture, partnership, corporation, trust or other
legal entity; operate, buy, sell, expand, contract,
terminate or liquidate any business; direct, control,
supervise, manage or participate in the operation of
any business and engage, compensate and discharge business
managers, employees, agents, attorneys, accountants
and consultants; and, in general, exercise all powers
with respect to business interests and operations which
the principal could if present and under no disability.
_______ (E) Banking and other financial institution transactions. To
make, receive, sign, endorse, execute, acknowledge, deliver and possess checks,
drafts, bills of exchange, letters of credit, notes, stock certificates, withdrawal
receipts and deposit instruments relating to accounts or deposits in, or certificates
of deposit of banks, savings and loans, credit unions, or other institutions
or associations. To pay all sums of money, at any time or times, that
may hereafter be owing by me upon any account, bill of exchange, check, draft,
purchase, contract, note, or trade acceptance made, executed, endorsed, accepted,
and delivered by me or for me in my name, by my Agent. To borrow from
time to time such sums of money as my Agent may deem proper and execute promissory
notes, security deeds or agreements, financing statements, or other security
instruments in such form as the lender may request and renew said notes and
security instruments from time to time in whole or in part. To have free
access at any time or times to any safe deposit box or vault to which I might
have access.
_______ (F) Business operating transactions. To conduct, engage
in, and otherwise transact the affairs of any and all lawful business ventures
of whatever nature or kind that I may now or hereafter be involved in.
_______ (G) Insurance and annuity transactions. To exercise or
perform any act, power, duty, right, or obligation, in regard to any contract
of life, accident, health, disability, liability, or other type of insurance
or any combination of insurance; and to procure new or additional contracts
of insurance for me and to designate the beneficiary of same; provided, however,
that my Agent cannot designate himself or herself as beneficiary of any such
insurance contracts.
_______ (H) Estate, trust, and other beneficiary transactions. To
accept, receipt for, exercise, release, reject, renounce, assign, disclaim,
demand, sue for, claim and recover any legacy, bequest, devise, gift or other
property interest or payment due or payable to or for the principal; assert
any interest in and exercise any power over any trust, estate or property subject
to fiduciary control; establish a revocable trust solely for the benefit of
the principal that terminates at the death of the principal and is then distributable
to the legal representative of the estate of the principal; and, in general,
exercise all powers with respect to estates and trusts which the principal
could exercise if present and under no disability; provided, however, that
the Agent may not make or change a will and may not revoke or amend a trust
revocable or amendable by the principal or require the trustee of any trust
for the benefit of the principal to pay income or principal to the Agent unless
specific authority to that end is given.
_______ (I) Claims and litigation. To commence, prosecute, discontinue,
or defend all actions or other legal proceedings touching my property, real
or personal, or any part thereof, or touching any matter in which I or my property,
real or personal, may be in any way concerned. To defend, settle, adjust, make
allowances, compound, submit to arbitration, and compromise all accounts, reckonings,
claims, and demands whatsoever that now are, or hereafter shall be, pending
between me and any person, firm, corporation, or other legal entity, in such
manner and in all respects as my Agent shall deem proper.
_______ (J) Personal and family maintenance. To hire accountants,
attorneys at law, consultants, clerks, physicians, nurses, agents, servants,
workmen, and others and to remove them, and to appoint others in their place,
and to pay and allow the persons so employed such salaries, wages, or other
remunerations, as my Agent shall deem proper.
_______ (K) Benefits from Social Security, Medicare, Medicaid, or other
governmental programs, or military service. To prepare, sign and
file any claim or application for Social Security, unemployment or military
service benefits; sue for, settle or abandon any claims to any benefit or assistance
under any federal, state, local or foreign statute or regulation; control,
deposit to any account, collect, receipt for, and take title to and hold all
benefits under any Social Security, unemployment, military service or other
state, federal, local or foreign statute or regulation; and, in general, exercise
all powers with respect to Social Security, unemployment, military service,
and governmental benefits, including but not limited to Medicare and Medicaid,
which the principal could exercise if present and under no disability.
_______ (L) Retirement plan transactions. To contribute to, withdraw
from and deposit funds in any type of retirement plan (which term includes,
without limitation, any tax qualified or nonqualified pension, profit sharing,
stock bonus, employee savings and other retirement plan, individual retirement
account, deferred compensation plan and any other type of employee benefit
plan); select and change payment options for the principal under any retirement
plan; make rollover contributions from any retirement plan to other retirement
plans or individual retirement accounts; exercise all investment powers available
under any type of self-directed retirement plan; and, in general, exercise
all powers with respect to retirement plans and retirement plan account balances
which the principal could if present and under no disability.
_______ (M) Tax matters. To prepare, to make elections, to execute
and to file all tax, social security, unemployment insurance, and informational
returns required by the laws of the United States, or of any state or subdivision
thereof, or of any foreign government; to prepare, to execute, and to file
all other papers and instruments which the Agent shall think to be desirable
or necessary for safeguarding of me against excess or illegal taxation or against
penalties imposed for claimed violation of any law or other governmental regulation;
and to pay, to compromise, or to contest or to apply for refunds in connection
with any taxes or assessments for which I am or may be liable.
_______ (N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT INITIAL ANY
OTHER LINES IF YOU INITIAL LINE (N).
SPECIAL INSTRUCTIONS:
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING
THE POWERS GRANTED TO YOUR AGENT.
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
________________________________________________________________
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THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL
DURABLE POWER OF ATTORNEY. THIS POWER OF ATTORNEY BECOMES EFFECTIVE ONLY UPON
MY DISABILITY OR INCAPACITY. I shall be considered
disabled or incapacitated for purposes of this power
of attorney if a physician certifies in writing at
a date later than the date this power of attorney is
executed that, based on the physician's medical examination
of me, I am mentally incapable of managing my financial
affairs. I authorize the physician who examines me
for this purpose to disclose my physical or mental
condition to another person for purposes of this power
of attorney. A third party who accepts this power of
attorney is fully protected from any action taken under
this power of attorney that is based on the determination
made by a physician of my disability or incapacity.
(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS
AS NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE
THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT WILL
HAVE TO MAKE ALL DISCRETIONARY DECISIONS. IF YOU WANT
TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY
DECISION-MAKING POWERS TO OTHERS, YOU SHOULD KEEP THE
NEXT SENTENCE, OTHERWISE IT SHOULD BE STRICKEN.)
Authority to Delegate. My Agent shall have the right by written
instrument to delegate any or all of the foregoing powers involving discretionary
decision-making to any person or persons whom my Agent may select, but such
delegation may be amended or revoked by any agent (including any successor)
named by me who is acting under this power of attorney at the time of reference.
(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED
IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF YOU
DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR SERVICES
AS AGENT.)
Right to Compensation. My Agent shall be entitled to reasonable
compensation for services rendered as agent under this power of attorney.
(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES) OF
SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
Successor Agent. If any Agent named by me shall die, become incompetent,
resign or refuse to accept the office of Agent, I name the following (each
to act alone and successively, in the order named) as successor(s) to such
Agent:
________________________________________________________________________
________________________________________________________________________
Choice of Law. THIS POWER OF ATTORNEY
WILL BE GOVERNED BY THE LAWS OF THE STATE OF FLORIDA
WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. IT
WAS EXECUTED IN THE STATE OF FLORIDA AND IS INTENDED
TO BE VALID IN ALL JURISDICTIONS OF THE UNITED STATES
OF AMERICA AND ALL FOREIGN NATIONS.
I am fully informed as to all the contents of this
form and understand the full import of this grant of
powers to my Agent.
I agree that any third party who receives a copy of this document may act under
it. Revocation of the power of attorney is not effective as to a third party
until the third party learns of the revocation. I agree to indemnify the third
party for any claims that arise against the third party because of reliance
on this power of attorney.
Signed this _______ day of _______________, 20____
______________________________
[Your Signature]
_______________________________
[Your Social Security Number]
STATEMENT OF WITNESS
On the date written above, the principal declared
to me in my presence that this instrument is his general
durable power of attorney and that he or she had willingly
signed or directed another to sign for him or her,
and that he or she executed it as his or her free and
voluntary act for the purposes therein expressed.
_______________________________________ [Signature of
Witness #1]
_______________________________________ [Printed or typed
name of Witness #1]
_______________________________________ [Address of Witness #1, Line 1]
_______________________________________ [Address of Witness #1, Line 2]
_______________________________________ [Signature of Witness #2]
_______________________________________ [Printed or typed name of Witness #2]
_______________________________________ [Address of Witness #2, Line 1]
_______________________________________ [Address of Witness #2, Line 2]
A Note About Selecting Witnesses: The agent
(attorney-in-fact) may not also serve as a witness. Each witness
must be present at the time that principal signs the Power of Attorney
in front of the notary. Each witness must be a mentally competent adult. Witnesses
should ideally reside close by, so that they will be easily accessible
in the event they are one day needed to affirm this document's validity. |
CERTIFICATE OF
ACKNOWLEDGMENT OF NOTARY PUBLIC
STATE OF FLORIDA
COUNTY OF ________________
This document was acknowledged before me on _______________ [Date]
by ________________________________________________ [name of principal].
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[Notary Seal, if any]: |
_______________________________
(Signature of Notarial Officer)
Notary Public for the State of Florida
My commission expires: ___________________
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ACKNOWLEDGMENT OF AGENT
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY
AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. ________________________________________________
[Typed or Printed Name of Agent]
________________________________________________
[Signature of Agent]
PREPARATION STATEMENT
This document was prepared by the following individual: ________________________________________________
[Typed or Printed Name]
________________________________________________
[Signature] |
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