Fill and Sign the Durable Finances Financial Form

- 1 - Prepared by: ____________________________ After Recording, Return to: ____________________________ ____________________________ ____________________________ ____________________________ GENERAL DURABLE POWER OF ATTORNEY THE POWERS YOU GRANT BELOW ARE EFFECTIVE EVEN IF YOU BECOME DISABLED OR INCOMPETENT CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. THESE POWERS WILL EXIST EVEN IF YOU BECOME DISABLED OR INCOMPETENT. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS FOR YOU. YOU MAY EXECUTE A SEPARATE DOCUMENT FOR THAT PURPOSE. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. KNOWN BY ALL PERSONS PRESENT, THAT: I, _____________________________________ (complete Name of Principal), whose address is ______________________________________________________ (Street Address, City, State, Zip Code) “Principal”, execute this General Durable Power of Attorney and do hereby make, constitute and appoint: ________________________________________ (Full Name of Agent), whose address is ________________________________________________ (Street Address, City, State, Zip Code) "Agent" or “Attorney -in Fact”, as my attorney- in-fact TO ACT IN MY NAME, PLACE AND STEAD in any way which I myself could do as if I were personally present and to the extent that I am permitted by law to act through an agent, pursuant to the following provisions: - 2 - 1. EFFECTIVENESS OF POWER OF ATTORNEY : This instrument is to be construed and interpreted as a general durable power of attorney effective immediatel y. This power of attorney shall not be affected by disability, incompetency, or incapacity of the Princi pal. 2. GRANT OF POWERS: I grant to my Agent full power and authorization to do everything necessary in exercising any of the powers herein granted by this power of attorney as fully as I might or could do if personally present. My agent shall have full powe r of substitution or revocation. I hereby ratify and confirm all that my Agent lawfully doe s or causes to be done by virtue of this power of attorney and the powers herein granted. My Agent shall have the power to exercise or perform any act, power, duty, right or obligation whatsoe ver that I now have or may hereinafter acquire, relating to any person, matter, transacti on or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, according to the following specifically enumerated powers: (a) Powers of Collection and Payment : (1) To forgive, request, demand, sue for, recover, collect, receive and hold all s ums of money, accounts, annuities, bequests, bonds, certificates of deposit, checks, commercial paper, debts, deposits, devises, dividends, drafts, dues, insuranc e, interests, legacies, notes, pension, profit sharing, retirement, social security, stock certificates and other contractual benefits and proceeds, all docum ents of title, all property, real or personal, intangible or tangible, and property rights and demands whatsoever, liquidated or unliquidated, now or hereafter owned by, or due, owing , payable or belonging to, me or in which I have or may hereafter acquire an interest. (2) To have, use, and take all lawful means and equitable and legal rem edies and proceedings in my name for the collection and recovery thereof, and to adjus t, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases receipts, or other sufficie nt discharges for the same. (b) Property Matters : (1) To acquire, purchase, exchange and sell, or grant options to sell, mortgage , pledge, lease, sell and convey real or personal property, tangible or intangible, or interests therein, on such terms and conditions as my Agent shall deem proper, wit h full authority to sign, endorse, execute and deliver any sales agreement, dee d, bill of sale and all other instruments or documents pertaining to the sale of any of my real or personal property; and to enter into bonds, contracts, mortgages and deeds connected therewith. (2) To sell, assign, transfer, convey, exchange, deed, mortgage, pledge, lease , let, license, demise, remise, quitclaim, bargain or otherwise dispose of any or all of my real estate , stocks, bonds, evidences of indebtedness and other securities and other personal tangible and intangible or mixed property, or any custody, possession, interest or right therein at public or private sale, upon such terms, consideration, and conditions as my - 3 - said attorney shall deem advisable and to execute, acknowledge and del iver such instruments and writings of whatsoever kind and nature as may be necess ary, convenient or proper in the premises. (c) Management Powers: To maintain, repair, improve, invest, manage, insure, rent , lease, encumber, and in any manner deal with any real or personal property, tangi ble or intangible, or any interest therein that I now own or may hereafter ac quire in my name and for my benefit, upon such terms and conditions as my Agent shall deem proper; (d) Banking Powers: To make, receive and endorse checks and drafts, deposit and w ithdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations, and other institutions, execute or release such deeds of trust or other securit y agreements as may be necessary or proper in the exercise of the rights and powers he rein granted or authorized under F.S. 709.2208; (e) Business Interests: To conduct or participate in any lawful business of whatever nature for me and in my name; to execute partnership agreements and amendme nts thereto; to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquida te or dissolve any business; to elect or employ officers, directors and agents; to carry out the provisions of any agreement for the sale of any business interest or the stock t herein; and to exercise voting rights with respect to stock, either in person or by proxy, and to exerc ise stock options; (f) Safe Deposit Boxes: To have access at any time or times to a ny safe deposit box rented by me, wheresoever located, and to remove all or part of the content s thereof, and to surrender or relinquish said safe deposit box, and any institution in which a ny such safe deposit box may be located shall not incur any liability to me or my e state as a res ult of permitting my Agent to exercise this power; (g) Power to Hold Property and Make Investments: The power to hold or acquire an y property, real or personal, or securities, regardless of whether such property or securities are a so- called “Legal” investment, where such course is, in the said A gent’s opinion, for my best interest; (h) Power to Borrow: To borrow any sum or sums of money on such terms (including the power to borrow against the cash surrender value of any life insurance polic y issued on my life), and with such security, whether real or personal property, as m y Agent may think fit, and for that purpose to execute all promissory notes, bonds, mortgages, deeds of trust, security agreements, and other instruments which may be necessary or proper; (i) Trusts: To transfer, assign and convey any property or interest in property, t he legal or equitable title to which is in my name, to any trust of which I am the primary beneficiary during my lifetime and under the terms of which I expressly have the pow er to amend or revoke such trust, and to exercise any right of withdrawal of income and/ or principal which I may have pursuant to the terms and conditions of such trust, whether such trust was created before or after the execution of this power of attorney; - 4 - (j) Executing Government Vouchers. To execute vouchers in my behalf for any and all allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. (k) Depositing Money and Other Property. To deposit in my attorney's or my name , or jointly in both our names, in any banking institution, funds or property, and to withdra w any part or all of my deposits at any time made by me in my behalf. (l) Recovering Possession of Property. To eject, remove or relieve tenants or other persons from, and recover possession of, any property, real, personal or mixed in which I now or hereafter may have an interest. (m) Litigation. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against m e. (n) Tax Returns. To prepare and execute any tax returns, including, but not limited to, Federal income tax returns, State income tax returns, Social Security tax returns, and Federal and State information and estimated returns; to execute any claims for refund, protests, applications for abatement, petitions to the United States Board of Tax Appeals or any other Board or Court, Federal or State, consents and waivers to determina tion and assessment of taxes and consents and waivers agreeing to a later de termination and assessment of taxes than is provided by statute of limitations; t o receive and endorse and collect any checks in settlement of any refund of taxes; to exami ne and to request and receive copies of any tax returns, reports and other information from the Unite d States Treasury Department or any other taxing authority, Federal or State, in c onnection with any of the foregoing matters. (o) Automobiles. To execute and deliver to the proper persons and authority any a nd all documents, instruments and papers necessary to effect proper registration of any automobile in which I now or may hereafter have an interest, or the sal e thereof and transfer of legal title thereto as required by law, and to collect a nd receipt for all monies paid in consideration of such sale and transfer. 3. MISCELLANEOUS: I grant to the Agent named herein the following addi tional powers of authority: (a) In the event any agent named herein should be of the opinion at any tim e that she or he does not have the expertise to manage all or any part of my asse ts, I grant to said Agent the right and power to delegate the management powers hereinabove granted ov er all or any part of my assets to any person(s) or firm(s), and to enter into any m anagement or agency agreements with said person(s) or firm(s), pertaining thereto, wi th the right on the part of the Agent named herein to revoke and cancel any such agreement at any time upon ninety (90) days’ written notice to said person(s) or firm(s). - 5 - (b) I grant full and absolute authority to the Agent named herein, on a noncumulat ive, yearly basis, to make gifts to my children, in trust or otherwise, as well as to their spouses, and to their children, in trust or otherwise, with the amount of gifts to each such person each year not to exceed that amount which is excludable from the total a mount of gifts made during such year under Section 2503(b) Internal Revenue Code of 1986, as amended from time to time. (c) I further authorize and empower the Agent named herein to use and apply so m uch of the income and principal of the assets comprising my estate as may be necessary o r desirable, in the sole discretion of said Agent, for my maintenance and support. Any provision herein to the contrary notwithstanding, the Agent shall have no power or authorit y to use or apply the principal to discharge any legal obligation that the a gent or any other person may have to support me or any dependent or beneficiary or mine, except to the extent that there are no assets reasonably available to the person having the oblig ation of support to pay the same. (d) I further authorize and empower my Agent to engage, employ and dismiss any agents, clerks, servants, attorneys- at-law, accountants, investment advisors, custodians, or other persons in and about the performance of these presents as my Agent shall think fit. Any decisions made by the said Agent with respect to the matters set forth hereinabove in sections 3(b), 3(c), and 3(d) shall be final, binding and conclusive upon all of the beneficiaries of my estate, and said Agent shall be released and discharged of and from all liability for any such decisions that she or he may make in good faith with respect th ereto. 4. INTERPRETATION AND GOVERNING LAW: This instrument is to be construe d and interpreted as a general durable power of attorney. This instrument is executed and deliver ed in the State of Florida, and the laws of the State of Florida shall govern all questions as to the validity of this power and the construction of its provisions. This i nstrument is intended to be effective in all states of the United States and in all foreign countries. 5. INDEMNITY: I hereby bind myself to indemnify my Agent and any suc cessor who shall so act, against any and all claims, demands, losses, damages, actions and causes of action, including expenses, costs and reasonable attorneys’ fees w hich my Agent at any time may sustain or incur in connection with carrying out the authority granted her or him in this power of attorney. 6. NOMINATION OF GUARDIAN OR CONSERVATOR: In the event court proceedings are hereafter commenced to appoint a guardian, conservator or other fiduciary to ta ke charge of my person, or to manage and conserve my property, I hereby nominate and appoint my Agent above-named, as my guardian, conservator, or other fiduciary, to serve w ithout bond unless otherwise required by a court of competent jurisdiction. 7. REVOCATION: This general durable power of attorney may be voluntarily re voked by me by written instrument signed by me and delivered to my Agent. My guardian may also revoke this instrument by written instrument signed by him or her and delivered to my Agent . - 6 - Any affidavit executed by my Agent stating that she or he does not have, at the time of doing any act pursuant to this power of attorney, actual knowledge of the re vocation or termination of this power of attorney, is, in the absence of fraud, conclusive proof of the nonrevocation or nontermination of the power at that time. 8. DEATH: My death shall not revoke or terminate this agency as to m y Agent or any other person who, without actual knowledge of my death, acts in good faith under thi s power of attorney. Any action so taken, unless otherwise invalid or unenforceable, sha ll be binding upon me and my heirs, devises, and personal representatives. 9. SUBSTITUTE AGENT: If ___________________________[5] ceases to act as my Agent due to death, incapacity, or resignation, I appoint ___________________________[6], to serve as my Agent. 10. JOINT POWER: If I name two persons to serve as my Agent hereunde r, it is my intent that the power granted to them shall be a joint power, which shall and must be exercised by them together as they may from time to time act on my behalf. No a ction or transaction requiring a signature will be effective or binding without both such persons’ signat ures affixed to the written instrument(s) reflecting the action or transaction. The following powers are specifically granted to my attorney- in-fact (principal must initial any powers wished to be granted below): _____ (a) Create an inter vivos trust; _____ (b) With respect to a trust created by or on behalf of the principal, am end, modify, revoke, or terminate the trust, but only if the trust instrument explicit ly provides for amendment, modification, revocation, or termination by the settlor's agent; _____ (c) Make a gift, subject to subsection (4) of Florida Statutes 709.2202 ; _____ (d) Create or change rights of survivorship; _____ (e) Create or change a beneficiary designation; _____ (f) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan; or _____ (g) Disclaim property and powers of appointment. _____ (h) Authority to conduct investment transactions as provided in section 709.2208(2), Florida Statutes. _____ (i) Authority to conduct banking transactions as provided in section 709.2208(1), Florida Statutes. Notwithstanding the foregoing, the attorney in fact may not: - 7 - 1. Perform duties under a contract that requires the exercise of personal services of the principal; 2. Make any affidavit as to the personal knowledge of the principal; 3. Vote in any public election on behalf of the principal; 4. Execute or revoke any will or codicil for the principal; 5. Create, amend, modify, or revoke any document or other disposition effective at the principal's death or transfer assets to an exis ting trust created by the principal unless expressly authorized by the power of attorney; or 6. Exercise powers and authority granted to the principal as trustee or as court-appointed fiduciary. I direct that the above-related powers and authority of my said agent s hall be so exercisable and effective regardless of the fact that I may be mentally or phys ically incapacitated or incapable of understanding or unable to express myself or act in my own behalf at the ti me of any action on my behalf by said agent. Such incapacity, whether mental or physi cal, that I may exhibit shall not in any way interfere with the authority of my agent herein to act fully on my behalf a ccording to the terms hereof. In other words, this Power of Attorney shall not be a ffected by the subsequent disability, incompetence or incapacity of the principal. FURTHER, I do authorize my aforesaid attorney to execute, acknowledge and del iver any instrument under seal or otherwise, and to do all things necessary to carry out the intent hereof, hereby granting unto my said attorney full power and authority to act in and concerning the premises as fully and effectually as I may do if personally present. PROVIDED, however, that all business transacted hereunder for me or for my account shall be transacted in my name, and that all endorsements and instruments execut ed by my said attorney for the purpose of carrying out the foregoing powers shall contain my name, foll owed by that of my said attorney and the designation "attorney- in-fact". My agent is entitled to reasonable compensation and reimbursement for re asonable expenses for services rendered as agent under this power of attorney, if desired. TO INDUCE ANY THIRD PARTY TO ACT HEREUNDER, I HEREBY AGREE THAT ANY THIRD PARTY RECEIVING A DULY EXECUTED COPY OR FACSIMI LE OF THIS INSTRUMENT MAY ACT HEREUNDER, AND THAT REVOCATION OR TERMINATION HEREOF SHALL BE INEFFECTIVE AS TO SUCH THIRD PARTY UNLESS AND UNTIL ACTUAL NOTICE OR KNOWLEDGE OF SUCH REVOCATION OR TERMINATION SHALL HAVE BEEN RECEIVED BY SUCH THIRD PARTY, AND I FOR MYSELF AND FOR MY HEIRS, EXECUTORS, LEGAL REPRESENTATIVES AND ASSIGNS, HEREBY AGREE TO INDEMNIFY - 8 - AND HOLD HARMLESS ANY SUCH THIRD PARTY FROM AND AGAINST AN Y AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT. THIS DURABLE GENERAL POWER OF ATTORNEY MAY BE REVOKED BY ME AT ANY TIME. Signed this ______ day of _________________________, 20____. _____________________________________ ___________________________ Signature / Principal _____________________________________ Witness Print Name: ___________________________ _____________________________________ Witness Print Name: __________________________ STATE OF FLORIDA COUNTY OF ___________________ The foregoing instrument was acknowledged before me this ______________, 20______, by ___________________________________________, who is personally known to me or who has produced ________________________________ as identification. ______________________________ Notary Public Printed Name: ___________________ My Commission Expires: ______________________ Commission # __________________