Fill and Sign the Durable Power Attorney Form

General Power of Attorney GENERAL DURABLE POWER OF ATTORNEY THE POWERS YOU GRANT BELOW ARE EFFECTIVE EVEN IF YOU BECOME DISABLED OR INCOMPETENT CAUTION: A DURABLE POWER OF ATTORNEY IS AN IMPORTANT LEGAL DOCUMENT. BY SIGNING THE DURABLE POWER OF ATTORNEY, YOU ARE AUTHORIZING ANOTHER PERSON TO ACT FOR YOU, THE PRINCIPAL. BEFORE YOU SIGN THIS DURABLE POWER OF ATTORNEY, YOU SHOULD KNOW THESE IMPORTANT FACTS: YOUR AGENT (ATTORNEY- IN-FACT) HAS NO DUTY TO ACT UNLESS YOU AND YOUR AGENT AGREE OTHERWISE IN WRITING. THIS DOCUMENT GIVES YOUR AGENT THE POWERS TO MANAGE, DISPOSE OF, SELL, AND CONVEY YOUR REAL AND PERSONAL PROPERTY, AND TO USE YOUR PROPERTY AS SECURITY IF YOUR AGENT BORROWS MONEY ON YOUR BEHALF. THIS DOCUMENT DOES NOT GIVE YOUR AGENT THE POWER TO ACCEPT OR RECEIVE ANY OF YOUR PROPERTY, IN TRUST OR OTHERWISE, AS A GIFT, UNLESS YOU SPECIFICALLY AUTHORIZE THE AGENT TO ACCEPT OR RECEIVE A GIFT. YOUR AGENT WILL HAVE THE RIGHT TO RECEIVE REASONABLE PAYMENT FOR SERVICES PROVIDED UNDER THIS DURABLE POWER OF ATTORNEY UNLESS YOU PROVIDE OTHERWISE IN THIS POWER OF ATTORNEY. THE POWERS YOU GIVE YOUR AGENT WILL CONTINUE TO EXIST FOR YOUR ENTIRE LIFETIME, UNLESS YOU STATE THAT THE DURABLE POWER OF ATTORNEY WILL LAST FOR A SHORTER PERIOD OF TIME OR UNLESS YOU OTHERWISE TERMINATE THE DURABLE POWER OF ATTORNEY. THE POWERS YOU GIVE YOUR AGENT IN THIS DURABLE POWER OF ATTORNEY WILL CONTINUE TO EXIST EVEN IF YOU CAN NO LONGER MAKE YOUR OWN DECISIONS RESPECTING THE MANAGEMENT OF YOUR PROPERTY. YOU CAN AMEND OR CHANGE THIS DURABLE POWER OF ATTORNEY ONLY BY EXECUTING A NEW DURABLE POWER OF ATTORNEY OR BY EXECUTING AN AMENDMENT THROUGH THE SAME FORMALITIES AS AN ORIGINAL. YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIME, SO LONG AS YOU ARE COMPETENT. THIS DURABLE POWER OF ATTORNEY MUST BE DATED AND MUST BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC OR SIGNED BY TWO WITNESSES. IF IT IS SIGNED BY TWO WITNESSES, THEY MUST WITNESS EITHER (1) THE SIGNING OF THE POWER OF ATTORNEY OR (2) THE PRINCIPAL'S SIGNING OR ACKNOWLEDGMENT OF HIS OR HER SIGNATURE. A DURABLE POWER OF ATTORNEY THAT MAY AFFECT REAL PROPERTY SHOULD BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC SO THAT IT MAY EASILY BE RECORDED. General Power of Attorney YOU SHOULD READ THIS DURABLE POWER OF ATTORNEY CAREFULLY. WHEN EFFECTIVE, THIS DURABLE POWER OF ATTORNEY WILL GIVE YOUR AGENT THE RIGHT TO DEAL WITH PROPERTY THAT YOU NOW HAVE OR MIGHT ACQUIRE IN THE FUTURE. THE DURABLE POWER OF ATTORNEY IS IMPORTANT TO YOU. IF YOU DO NOT UNDERSTAND THE DURABLE POWER OF ATTORNEY, OR ANY PROVISION OF IT, THEN YOU SHOULD OBTAIN THE ASSISTANCE OF AN ATTORNEY OR OTHER QUALIFIED PERSON. NOTICE TO PERSON ACCEPTING THE APPOINTMENT AS ATTORNEY- IN-FACT BY ACTING OR AGREEING TO ACT AS THE AGENT (ATTORNEY- IN-FACT) UNDER THIS POWER OF ATTORNEY YOU ASSUME THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. THESE RESPONSIBILITIES INCLUDE: 1. THE LEGAL DUTY TO ACT SOLELY IN THE INTEREST OF THE PRINCIPAL AND TO AVOID CONFLICTS OF INTEREST. 2. THE LEGAL DUTY TO KEEP THE PRINCIPAL'S PROPERTY SEPARATE AND DISTINCT FROM ANY OTHER PROPERTY OWNED OR CONTROLLED BY YOU. YOU MAY NOT TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT FULL AND ADEQUATE CONSIDERATION OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY UNLESS THIS POWER OF ATTORNEY SPECIFICALLY AUTHORIZES YOU TO TRANSFER PROPERTY TO YOURSELF OR ACCEPT A GIFT OF THE PRINCIPAL'S PROPERTY. IF YOU TRANSFER THE PRINCIPAL'S PROPERTY TO YOURSELF WITHOUT SPECIFIC AUTHORIZATION IN THE POWER OF ATTORNEY, YOU MAY BE PROSECUTED FOR FRAUD AND/OR EMBEZZLEMENT. IF THE PRINCIPAL IS 65 YEARS OF AGE OR OLDER AT THE TIME THAT THE PROPERTY IS TRANSFERRED TO YOU WITHOUT AUTHORITY, YOU MAY ALSO BE PROSECUTED FOR ELDER ABUSE UNDER PENAL CODE SECTION 368. IN ADDITION TO CRIMINAL PROSECUTION, YOU MAY ALSO B E SUED IN CIVIL COURT. I HAVE READ THE FOREGOING NOTICE AND I UNDERSTAND THE LEGAL AND FIDUCIARY DUTIES THAT I ASSUME BY ACTING OR AGREEING TO ACT AS THE AGENT (ATTORNEY- IN-FACT) UNDER THE TERMS OF THIS POWER OF ATTORNEY. DATE: ____________________________ (SIGNATURE OF AGENT) _______________________ (PRINT NAME OF AGENT) General Power of Attorney 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: 1. EFFECTIVENESS OF POWER OF ATTORNEY : This instrument is to be construed and interpreted as a general durable power of attorney effective immediate ly. 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 whatsoev er that I now have or may hereinafter acquire, relating to any person, matter, transacti on or prope rty, real or personal, tangible or intangible, now owned or hereafter acquired by me, incl uding, without limitation, 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, insurance , 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, owi ng, payable or belonging to, me or in which I have or may hereafter acquire an interest. General Power of Attorney (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 sufficient 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 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, tangibl e 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 herein granted; (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 amendment s 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 General Power of Attorney 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 result 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) Disclaimer: To exercise or release powers of appointment in whole or in part and to disclaim or renounce in whole or in part any interest that I might otherwise have as a joint owner, beneficiary, heir or otherwise and in exercising such discretion, my Agent may take into account such matters as shall include but shall not be limi ted to any reduction in estate or inheritance taxes on my estate, and the effect of such renunc iation or disclaimer upon persons interested in my estate and persons who would receive the renounced or disclaimed property; (j) 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 powe r 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; (k) Power to Change Beneficiaries on Any Insurance Policies on my Life: To change the beneficiaries on any insurance policies on my life; provided, however, tha t neither such right and power, nor any other rights and powers, shall be exercisable with res pect to any policies of life insurance which may at any time be owned by me on the life of my Agent herein named. (l) 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. (m) 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 withdraw any part or all of my deposits at any time made by me in my behalf. General Power of Attorney (n) 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. (o) 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. (p) 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 Boa rd of Tax Appeals or any other Board or Court, Federal or State, consents and waivers to determinat ion and assessment of taxes and consents and waivers agreeing to a later de termination and as sessment of taxes than is provided by statute of limitations; to 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. (q) 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). (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 General Power of Attorney 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 ag ent 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 a nd discharged of and from all liability for any such decisions that she or he may make in good faith with respect th ereto. GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below: (CAUTION: Granting any of the following will give your agent the auth ority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WA NT to give your agent.) (_____) Create, amend, revoke, or terminate an inter vivos trust (_____) Make a gift, subject to the limitations of the California Unifor m Power of Attorney Act and any special instructions in this power of attorney (_____) Create or change rights of survivorship (_____) Create or change a beneficiary designation (_____) Authorize another person to exercise the authority granted under this power of attorney (_____ ) Waive the principal’s right to be a beneficiary of a joint and survi vor annuity, including a survivor benefit under a retirement plan (_____) Exercise fiduciary powers that the principal has authority to delegate (_____) Disclaim or refuse an interest in property, including a power of appointment] LIMITATION ON AGENT’S AUTHORITY General Power of Attorney An agent that is not my ancestor, spouse or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: ____________________________________________________________________ ____________________________________________________________________ ____________________________________________________________________ 4. INTERPRETATION AND GOVERNING LAW: This instrument is to be constru ed and interpreted as a general durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers here in granted to my Agent. This instrument is executed and delivered in the State of Cali fornia, and the laws of the State of California shall govern all questions as to the validi ty of this power and the construction of its provisions. This instrument is intended to be effe ctive 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 which my Ag ent 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 t ake 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 rev oked 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 . 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, s hall be binding upon me and my heirs, devises, and personal representatives. 9. SUBSTITUTE AGENT : If _______________________________ (Name of Agent/Attorney- in-Fact) ceases to act as my Agent due to death, incapacity, or resignation, I appoint General Power of Attorney __________________________________ (Name of Successor Agent/Attorney-in-Fact) , 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. 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 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 _________________________ General Power of Attorney City, County, and State of Residence Witnesses: _________________________ Name _________________________ Address _________________________ __________________________ Name __________________________ Address __________________________ A notary public or other office completing this certificate Verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ______________________________ On ___________________, 20 before me, ________________________________ (here insert name and title of the officer), personally appeared ______________________________ and ______________________________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same i n his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) Notary Public