Massachusetts General Durable Power of Attorney

Massachusetts General Durable Power of Attorney

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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. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.

I, , , “Principal”, execute this Durable Power of Attorney and do hereby make, constitute and appoint:

, , "Agent" or "Attorney-in-Fact", as my attorney-in-fact TO ACT IN MY NAME, PLACE AND STEAD.

1. EFFECTIVENESS OF POWER OF ATTORNEY

This instrument is to be construed and interpreted as a general durable power of attorney effective immediately. This power of attorney shall not be affected by disability, incompetency, or incapacity of the Principal.

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.

(a) Powers of Collection and Payment

(1) To forgive, request, demand, sue for, recover, collect, receive and hold all sums of money and property rights whatsoever.

(2) To have, use, and take all lawful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof.

(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.

(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 and personal property.

(c) Management Powers

To maintain, repair, improve, invest, manage, insure, rent, lease, encumber, and in any manner deal with any real or personal property.

(d) Banking Powers

To make, receive and endorse checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, and execute or release security agreements.

(e) Business Interests

To conduct or participate in any lawful business of whatever nature for me and in my name.

(f) Safe Deposit Boxes

To have access at any time to any safe deposit box rented by me and to remove contents thereof.

(g) Power to Hold Property and Make Investments

To hold or acquire any property or securities, regardless of whether such property or securities are a so-called “Legal” investment.

(h) Power to Borrow

To borrow any sum or sums of money on such terms and with such security as my Agent may think fit.

(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.

(j) Trusts

To transfer, assign and convey any property or interest in property to any trust of which I am the primary beneficiary.

(k) Power to Change Beneficiaries on Any Insurance Policies on my Life

To change the beneficiaries on any insurance policies on my life.

(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.

(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.

(n) Recovering Possession of Property

To eject, remove or relieve tenants or other persons from, and recover possession of, any property.

(o) Litigation

To institute, maintain, defend, compromise, arbitrate or otherwise dispose of any and all legal proceedings for or against me.

(p) Tax Returns

To prepare and execute any tax returns and related claims, protests, applications, consents and waivers.

(q) Automobiles

To execute and deliver documents necessary to effect proper registration of any automobile or the sale thereof.

3. MISCELLANEOUS

I grant to the Agent named herein the following additional powers of authority:

(a) Delegation of management powers as needed.

(b) Gifts to children and descendants within annual exclusion limits.

(c) Use of income and principal for my maintenance and support.

(d) Employment of agents, clerks, attorneys, accountants, investment advisors, custodians, or other persons.

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:

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 support unless I have included that authority in the Special Instructions.

SPECIAL INSTRUCTIONS (OPTIONAL)

4. INTERPRETATION AND GOVERNING LAW

This instrument is to be construed and interpreted as a general durable power of attorney. This instrument is executed and delivered in the State of Massachusetts, and the laws of the State of Massachusetts shall govern all questions as to the validity of this power and the construction of its provisions.

5. INDEMNITY

I hereby bind myself to indemnify my Agent and any successor who shall so act, against any and all claims, demands, losses, damages, actions and causes of action, including expenses, costs and reasonable attorneys’ fees.

6. NOMINATION OF GUARDIAN OR CONSERVATOR

In the event court proceedings 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 without bond unless otherwise required by a court of competent jurisdiction.

7. REVOCATION

This general durable power of attorney may be voluntarily revoked by me by written instrument signed by me and delivered to my Agent.

8. DEATH

My death shall not revoke or terminate this agency as to my Agent or any other person who, without actual knowledge of my death, acts in good faith under this power of attorney.

9. SUBSTITUTE AGENT

If 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 hereunder, it is my intent that the power granted to them shall be a joint power, which shall and must be exercised by them together.

My agent is entitled to reasonable compensation and reimbursement for reasonable 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.

Witnesses:

Commonwealth of Massachusetts

County of

On this day of , 20 , before me, the undersigned notary public, personally appeared , proved to me through satisfactory evidence of identification.

(seal) Notary Public Signature

(Optional) Acceptance by Agent

I, , being fully advised in the premises, do hereby accept appointment as the attorney in fact for the principal.

DATED, this the day of , 20 .

Agent