Estate Planning Document Template

ESTATE PLANNING DOCUMENT

This Estate Planning Agreement (the Agreement) is made on this date: by and between Client Name: of Address: and Agent Name: of Address: .

RECITALS

WHEREAS, Client desires to plan for the administration and disposition of Client's estate and to designate persons to make financial and health care decisions on Client's behalf in the event of incapacity; and

WHEREAS, Client wishes to appoint Agent with durable powers to manage Client's property, to appoint an Executor to carry out testamentary dispositions, and to set forth instructions for guardianship of minor children, if any; and

WHEREAS, Agent is willing to accept the duties and responsibilities conferred by this Agreement under the terms and conditions set forth below.

NOW THEREFORE, in consideration of the mutual covenants and for other good and valuable consideration, the parties agree as follows.

1. DEFINITIONS

1.1 "Client" means the person identified as Client Name in this Agreement. 1.2 "Agent" means the person identified as Agent Name in this Agreement, and any successor agent appointed pursuant to Section 3. 1.3 "Property" means all real and personal property, tangible and intangible, owned or subsequently acquired by Client, including interests in trusts, retirement accounts, and digital assets.

2. APPOINTMENT; EFFECTIVE DATE; DURABILITY

2.1 Appointment. Client hereby appoints Agent as Client's true and lawful attorney-in-fact with full power and authority to act for Client pursuant to the terms of this Agreement. Such appointment is a grant of fiduciary authority to act on behalf of Client.

2.2 Effective Date. This power of attorney shall become effective: Immediately upon execution Upon Client's incapacity as certified by one licensed physician.

2.3 Durability. This power of attorney is intended to be durable and shall not be affected by Client's subsequent incapacity or disability, except as expressly revoked in writing by Client in accordance with Section 12.

3. POWERS OF AGENT

3.1 General Grant. Agent shall have all powers necessary or convenient to manage, conserve and dispose of Property, including the powers enumerated below and all other powers conferred by law, except as expressly limited in this Agreement.

Select specific authorities granted to Agent (check all applicable):

4. HEALTH CARE AGENT AND MEDICAL DECISIONS

4.1 Health Care Agent. Client appoints Health Care Agent Name: of Address: to make health care decisions on Client's behalf if Client is unable to make or communicate such decisions.

4.2 Authority. Health Care Agent shall have the authority to consent, refuse or withdraw consent to medical treatment, to access medical records, and to make end-of-life care decisions consistent with Client's expressed wishes set forth herein.

5. TESTAMENTARY DISPOSITIONS; APPOINTMENT OF EXECUTOR

5.1 Specific Bequests. Client directs that the following specific bequests be made from Client's estate in the following amounts or items:

5.2 Residuary Estate. All the remainder of Client's estate, after payment of debts, expenses and specific bequests, shall be distributed as follows:

5.3 Appointment of Executor. Client appoints Executor Name: of Address: to act as Executor of Client's estate. Successor Executor Name: is designated if the primary Executor is unable or unwilling to serve.

6. GUARDIANSHIP FOR MINOR CHILDREN

7. FIDUCIARY DUTIES; STANDARDS; RECORDS

7.1 Standard of Conduct. Agent and Executor shall act loyally and in good faith for the benefit of Client and Client's estate, shall avoid self-dealing, and shall exercise reasonable care, skill and caution in carrying out their duties.

7.2 Records; Accounting. Agent shall keep accurate records of all transactions made on behalf of Client and, upon reasonable request, provide an accounting to the Client or, if Client is incapacitated or deceased, to the persons entitled to receive such accounting under applicable law.

8. COMPENSATION; EXPENSES

Agent shall be entitled to reasonable compensation and reimbursement for actual, reasonable expenses incurred in the performance of duties hereunder, unless Client elects otherwise below.

9. INDEMNIFICATION

To the fullest extent permitted by law, Client agrees to indemnify and hold harmless Agent and Executor for actions taken in good faith under this Agreement. This indemnity does not apply to willful misconduct, gross negligence, or breach of fiduciary duties.

10. REVOCATION

This Agreement may be revoked or amended by Client at any time by a written instrument signed by Client. Revocation shall be effective upon delivery of written notice to Agent and to any third party reasonably relied upon by Agent.

11. NOTICES

Notices shall be deemed given when delivered in person, sent by nationally recognized overnight courier, or mailed by certified mail to the addresses on file.

12. MISCELLANEOUS

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the substantive laws of the state of Client's domicile at the time of execution without regard to conflict of law principles.

12.2 Entire Agreement. This Agreement constitutes the entire understanding between the parties with respect to the matters addressed herein and supersedes any prior oral or written agreements relating to the subject matter.

12.3 Severability. If any provision of this Agreement is held invalid or unenforceable, such invalidity shall not affect the remainder of this Agreement, which shall remain in full force and effect.

12.4 Amendments; Waiver. This Agreement may be amended only by a written instrument signed by Client. No waiver of any provision shall be effective unless in writing and signed by the waiving party.

12.5 Counterparts; Signatures. This Agreement may be executed in counterparts and facsimile or electronically transmitted signatures shall be deemed originals.

CERTIFICATION OF CAPACITY

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