Fill and Sign the Maine General Durable Power of Attorney for Property and Finances or Financial Effective Immediately Form

MAINE DURABLE FINANCIAL POWER OF ATTORNEY U.S. Legal Forms, Inc. http://www.uslegalforms.com This form is designed to be completed on your computer. To do so, use your mouse and click on each field which will be highlighted in gray. This will replace the gray with the words you type. Example: _____________________________[1] will become JOHN DOE . If you ordered and received this form in hard copy, you m ay also use these instructions to complete the form, leaving the reference nu mbers, and placing the names, etc. you desire next to the field numbers. All other blanks in the form are typically completed by ha nd, such as the day, month and year, etc. Once you have completed the form, double check all entries and then print. FIELDS TO BE COMPLETED Field [1]: Your Name. Field [2]: You Address. Field [3]: Attorney/Agent’s Name. Field [4]: Attorney/Agent’s Address Field [5]: Attorney/Agent’s Name Field [6]: Alternate Attorney’s Name. For additional information, see the Law Summary and Info rmation and Preview links in the search results for this form. If you experience any probl ems completing this form, send an E-Mail to support@uslegalforms.com. DISCLAIMER/LICENSE/LIABILITY LIMITATION All use is subject to the disclaimer, License and Liability Limitation lo cated at http://www.uslegalforms.com/disclaimer.htm - 1 - DURABLE FINANCIAL POWER OF ATTORNEY (18-A Maine Revised Statutes 5-901 et seq.) 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. Notice to the Principal: As the "Principal," you are using this Durable Power of Attorney to grant power to another person (called the "Agent") to make decisions about your money and property and to use it on your behalf. The powers granted to the Agent are broad and-sweeping. Your Agent will have the power to sell or otherwise dispose of your property and spend your money without advance notice to you or approval by you. Under this document your Agent will continue to have t hese powers after you become incapacitated and you may also choose to authorize your Agent to use these powers before you become incapacitated. The powers that you give your Agent are explained more fully in the Maine Revised Statutes, Title 18-A, Article 5, Part 9. You have the right to revoke or take back this Durable Power of Attorney at any time as long as you are of sound mind. If there is anything about this form that you do not understand, you should ask a lawyer to explain it to you. Notice to the Agent: As the "Agent" or "Attorney- in-fact," you are given power under this Durable Power of Attorney to make decisions about the money and property belonging to the Principal and t o spend it on that person's behalf. This Durable Power of Attorney is only valid if the P rincipal is of sound mind when the Principal signs it. As the Agent, you are under a duty (called a "fiduciary duty") to observe the standards observed by a prudent person dealing with the property of another. The duties are more fully explained in the Maine Uniform Power of Attorney Act, Maine Revised Statutes, Title 18-A, Article 5, Part 9 and Title 18-B, s ections 802 to 807 and Title 18-B, chapter 9. As the Agent, you are generally not entitled to use the Principal's property for your own benefit or to make gifts to yourself or others unless the power of attorney gives you such authority. If you violate your duty under this power of attorney you may be liable for damages and may be subject to criminal prosecution. You must stop acting on behalf of the Principal if you learn of any event that terminates th is power of attorney or your authority under this power of attorney. Events of termination are mor e fully explained in the Maine Uniform Power of Attorney Act and include, but are not limited t o, revocation of your authority or of the power of attorney by the Principal, the death of th e - 2 - Principal or the commencement of divorce proceedings between you and the Prin cipal. If there is anything about this power of attorney or your duties under it that you do not und erstand you should ask a lawyer to explain it to you. KNOWN BY ALL PERSONS PRESENT, THAT: I, _____________________________,[1] _____________________________, [2] “Principal”, execute this Durable Power of Attorney and do hereby make, constitute and appoi nt: _____________________________ [3] of _____________________________,[4] "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 a nd 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 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, including , 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, che cks, 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, 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, - 3 - 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, 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 withdraw 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 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; - 4 - (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 l imi 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 t o 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 withdra w any part or all of my deposits at any time made by me in my behalf. (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. - 5 - (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 Board 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 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. (q) Automobiles. To execute and deliver to the proper persons and authority any and all documents, instruments and papers necessary to effect proper registrati on 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 nin ety (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 fr om 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 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. - 6 - (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. GRANT OF SPECIFIC AUTHORITY (OPTIONAL) My agent MAY NOT do any of the following specific acts for m e 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 Maine Uniform P ower 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 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 s upport unless I have included that authority in the Special Instructions. SPECIAL INSTRUCTIONS (OPTIONAL) You may give special instructions on the following lines: - 7 - ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ 4. INTERPRETATION AND GOVERNING LAW: This instrument is to be construe d 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 Ma ine, and the laws of the State of Maine shall govern all questions as to the validity of this power and the construction of its provisions. This instrument 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 which 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 proceedi ngs are hereafter commenced to appoint a guardian, conservator or other fiduciary to take 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 Age nt. 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 _____________________________ 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. - 8 - FURTHER, I do authorize my aforesaid attorney to execute, acknowledge and de liver 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, fol lowed 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 FACSIMILE 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 ANY AND ALL CLAIMS THAT MAY ARISE AGAINST SUCH THIRD PARTY BY REASON OF SUCH THIRD PAR TY 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 . __________________________________________ (Principal's Signature) _________________________________________ Print Name STATE OF MAINE COUNTY OF _____________________________ - 9 - The foregoing instrument was acknowledged before me this day of _____________________, 20 , by at _____________________, Maine, by _____________________ (name of person acknowledged) to be his/her free act and deed. _________________________________ Notary Public , State of Maine Print Name: _____________________________ My Commission Expires: _____________________________ (Seal optional)