Fill and Sign the Power Attorney Form 481367627

STATUTORY DURABLE POWER OF ATTORNEY NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY A CT, SUBTITLE P, TITLE 2, ESTATES CODE. IF YOU HAVE ANY QUESTIONS A BOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOE S NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YO U LATER WISH TO DO SO. IF YOU WANT YOUR AGENT TO HAVE THE AUTHORITY TO SIGN HOME EQUITY LOAN DOCUMENTS ON YOUR BEHALF, THIS POWER OF ATTORNEY MUST BE SIGNED BY YOU AT THE OFFICE OF THE LENDER, AN ATTORNEY AT LAW, OR A TITLE COMPANY. You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until: (1) you die or revoke the power of attorney; (2) your agent resigns or is unable to act for you; or (3) a guardian is appointed for your estate. I, ____________________________________________ (insert your n ame and address), appoint ____________________________________________ (insert th e name and address of the person appointed) as my agent to act for me in any lawful way with respect to all of the following powers that I have initialed below. (YOU MAY APPOINT CO-AGENTS. UNLESS YOU PROVIDE OTHERWISE, CO-AGENTS MAY ACT INDEPENDENTLY.) TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRON T OF (O) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS LISTED IN (A) THROUGH (N). TO GRANT A POWER, YOU MUST INITIAL THE LINE IN FRONT OF THE POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF THE POWER. YOU MAY, BUT DO NOT NEED TO, CROSS OUT EACH POWER WITHHELD. ____ (A) Real property transactions; ____ (B) Tangible personal property transactions; ____ (C) Stock and bond transactions; ____ (D) Commodity and option transactions; ____ (E) Banking and other financia l institution transactions; ____ (F) Business operating transactions; ____ (G) Insurance and annuity transactions; ____ (H) Estate, trust, and othe r beneficiary transactions; ____ (I) Claims and litigation; Statutory Durable Power of Attorney Page 2 ____ (J) Personal and family maintenance; ____ (K) Benefits from social s ecurity, Medicare, Medicaid, or other governmental programs or civil or military service; ____ (L) Retirement plan transactions; ____ (M) Tax matters; ____ (N) Digital assets and the c ontent of an electronic communication. ____ (O) ALL OF THE POWERS LISTED IN (A) THROUGH (N). YOU DO NOT HAVE TO INITIAL THE LINE IN FRONT OF ANY OTHER POWER IF YOU INITIAL LINE (O). SPECIAL INSTRUCTIONS: Special instructions applicab le to agent compensation (initial in front of one of the following sentences to have it apply; if no selection is made, each agent will be entitled to compensation that is reasonable under the circumstances): ____ My agent is entitled to rei mbursement of reasonable expens es incurred on my behalf and to compensation that is reasona ble under the circumstances. ____ My agent is entitled to rei mbursement of reasonable expens es incurred on my behalf but shall receive no compensation for serving as my agent. Special instructions applic able to co-agents (if you have appointed co-agents to act, initial in front of one of the following sente nces to have it apply; if no selection is made, each agent will be entitled to act independently): ____ Each of my co-agents may act independently for me. ____ My co-agents may act for me only if the co-agents act joi ntly. Special instructions applicable to gifts (initial in front of the following sentence to have it apply): ____ I grant my agent the power to apply my property to make gifts outright to or for the benefit of a person, including by the exercise of a presently exercisable general power of appointment held by me, except th at the amount of a gift to an individual may not exceed the amount of annual exclusions all owed from the federal gift tax for the calendar year of the gift. ON THE FOLLOWING LINES YOU MA Y GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDI NG THE POWERS GRANTED TO YOUR AGENT. _____________________________________________________________________________ _____________________________________________________________________________ _____________________________________________________________________________ Statutory Durable Power of Attorney Page 3 UNLESS YOU DIRECT OTHERWISE B ELOW, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT TERMINATES. CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN: (A) This power of attorney i s not affected by my subsequent d isability or incapacity. (B) This power of attorney b ecomes effective upon my disabili ty or incapacity. YOU SHOULD CHOOSE ALTERNATIVE (A ) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED. IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A). If Alternative (B) is chose n and a definition of my disability or incapacity is not contained in this power of attorn ey, I shall be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing a t a date later than the date this power of attorney is executed that, ba sed on the physician's medical examination of me, I am mentally incapable of managing my financi al affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity. I agree that any third part y who receives a copy of this docum ent may act under it. Termination of this durable power of attorney is not effective as to a third party until the third party has actual knowledge of the termination. I agree to indemnify the third party for any claims that arise against the third party because of reliance o n this power of attorney. The meaning and effect of this durable power of attorney is determined by Texas law. If any agent named by me dies, be comes incapacitated, resigns, refuses to act, or is removed by court order, or if my marriage to an agent named by me is dissolved by a court decree of divorce or annulment or is declared void by a court ( unless I provided in this document that the dissolution of declarati on does not terminate the agent’s authority to act under this power of attorney), I name the follo wing (each to act alone and succe ssively, in the order named) as successor(s) to that agent: _________________________________________________________________________. Signed this ______ day of __________, _____________. ___________________________ (your signature) Statutory Durable Power of Attorney Page 4 State of _______________________ County of ______________________ This document was acknowledged before me on ____________(date) by __________________ (name of principal). ______________________________ (signature of notarial officer) (Seal, if any, of notary) ________________________________________ (printed name) My commission expires: ______________ IMPORTANT INFORMATION FOR AGENT Agent's Duties When you accept the authority granted under this power of attor ney, you establish a "fiduciary" relationship with the principal . This is a special legal relationship that imposes on you legal duties that continue until you res ign or the power of attorney is terminated, suspended or revoked by the principal or by operati on of law. A fiduciary duty gene rally includes the duty to: (1) act in good faith; (2) do nothing beyond the authorit y granted in this power of attorney; (3) act loyally for the principal's benefit; (4) avoid conflicts that woul d impair your ability to act in the principal's best interest; and (5) disclose your identity as an agent when you act for the p rincipal by writing or printing the name of the princi pal and signing your own name as "agent" in the following manner: (Principal's Name) by (Your Signature) as Agent In addition, the Durable Power of Attorney Act (Subtitle P, Title 2, Estates Code) requires you to: (1) maintain records of each action taken or decision made on behalf of the principal; (2) maintain all records until delivered to the principal, released by the principal, or discharged by a court; and Statutory Durable Power of Attorney Page 5 (3) if requested by the principal, provide an accounting to t he principal that, unless otherwise directed by the principa l or otherwise provided in the Special Instructions, must include: (A) the property belonging to the principa l that has come to your knowledge or into your possession; (B) each action taken or decision made by you as agent; (C) a complete account of receipts, disbursements, and other actions of you as agent that includes the sour ce and nature of each receipt, disb ursement, or action, with receipts of principal and income shown separately; (D) a listing of all property over which you have exercised c ontrol that includes an adequate descripti on of each asset and the asset's current value, if known to you; (E) the cash balance on hand a nd the name and location of the depository at which the cash balance is kept; (F) each known liability; (G) any other information and facts known to you as necessary for a full and definite understanding of the exact condition of the property b elonging to the principal; and (H) all documentation regar ding the principal's property. Termination of Agent's Authority You must stop acting on behalf of the principal if you learn of any event that terminates or suspends this power of attorne y or your authority under this po wer of attorney. An event that terminates this power of attorn ey or your authority to act unde r this power of attorney includes: (1) the principal's death; (2) the principal's revocatio n of this power of attorney or your authority; (3) the occurrence of a termi nation event stated in this power of attorney; (4) if you are married to the principal, the dissolution of your marriage by a court decree of divorce or annulment or declaration that your marriage is void, unless otherwise provided in this power of attorney; (5) the appointment and qualific ation of a permanent guardian of the principal's estate unless a court orders otherwise; or Statutory Durable Power of Attorney Page 6 (6) if ordered by a court, your r emoval as agent (attorney in fact) under this power of attorney. An event that suspe nds this power of attorney or your authority to act under this power of a ttorney is the appointment and qualificati on of a temporary guardian unless a court orde r provides otherwise. Liability of Agent The authority granted to you unde r this power of attorney is specified in the Durable Power of Attorney Act (Subtitle P, T itle 2, Estates Code). If you viola te the Durable Power of Attorney Act or act beyond the authorit y granted, you may be liable for any damages caused by the violation or subject to prosecuti on for misapplication of property by a fiduciary under Chapter 32 of the Texas Penal Code. THE AGENT, BY ACCEPTING OR ACTIN G UNDER THE APPOINTMENT, ASSUME S THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.