Tuesday, January 01, 2008

Power of Attorney

===== for all of you who may be looking for a Power of Attorney template =====
===== it is not guaranteed in any way =====
===== just replace the blanks with the proper information =====
===== and print it from your word processor of choice =====
===== (I recommend NeoOffice for MacOSX =====



DURABLE POWER OF ATTORNEY


STATE OF _________________
SS:
CITY OF ___________________


KNOW ALL MEN BY THESE PRESENTS: that I, __________________, residing in the State of __________, City of __________, have made, constituted and appointed and by the presents do make, constitute and appoint my wife, _____________ of ____________, ___________, as my true and lawful attorney for me and in my name, place and stead, provided she has not predeceased me, is not incapacitated or otherwise unable to serve; in which case and event, I make, constitute and appoint __________________, of __________, __________, as my true and lawful attorney, for me and in my name, place and stead to manage all of my affairs, undertakings and business and for that purpose, in my name and on my behalf, to do and execute any or all of the following acts, deeds and things, that is to say:

1.To sell at either public or private sale or exchange any part or parts of any real or personal property belonging to me upon such terms and for such consideration as my attorney shall deem fit and proper and to convey the same by good and sufficient deeds, assignments or other instruments for the conveyance and transfer of the same with such covenants as my attorney shall deem necessary and to give good and sufficient receipt and releases for the whole or any part of the purchase price or other considerations.
2.To receive any and all sums of money which now or shall hereafter be due me by virtue of any mortgages or other evidence of indebtedness held by me, and to execute good and sufficient releases or other discharge of such mortgages upon the receipt of the amount secured thereby.
3.To settle any accounts wherein at any time I may be interested and to pay or receive any balance which may be due from or to me as the case may be.
4.To commence, prosecute, defend, continue, discontinue or otherwise act in any or all actions or legal proceedings touching my estate or any part thereof or in any matter in which I may in anywise be interested or concerned.
5.To borrow any and all sums of money upon such terms and conditions as to my attorney shall seem fit and proper and, for that purpose, to execute all promissory notes, bonds or other evidence of indebtedness which may be necessary in the premises; and to pledge, hypothecate or otherwise secure, by pledge, deposit or mortgage and sell and/or convey all or any property of mine, real or personal, the repayment by my estate of any sums so borrowed by my agent or attorney.
6.To engage, employ and dismiss any servants, agents, clerk or other persons in or about the performance of my affairs as my said attorney shall deem fit and proper.
7.To vote at any and all meetings of stockholders or members of any corporation or otherwise to act as my attorney or proxy in respect to any shares of stocks now or hereafter held by me and to execute any proxies or do any other acts therein as may to my attorney seem fit and proper.
8.To enter upon and into all and singular my real estate and property and to let, sell, mortgage, manage, improve, repair, alter, insure or otherwise administer the same.
9.To deposit and to withdraw any and all monies which may come into the hands of my said attorney with any bank or banker, or savings and loan association, in my own name, and to employ the same for the payment of any debts, taxes, insurance, assessments, interests or any other expenses which may become due to payable in or on account of my real or personal estate, and to invest any sum or sums in my own name in any stocks, bonds, shares, notes, mortgages, or other securities as maybe necessary, fit and proper and to alter, change, sell assign, hypothecate or in anywise use or manage the same for my use and benefit as my said agent or attorney may deem proper, to draw upon my bank, banker, savings and loan association, or debtor of mine, by check, draft or bills of exchange, and I hereby direct all banks, bankers, savings and loan associations, or debtors of mine to honor and pay such checks, drafts or bills of exchange as fully and to the same extent as if such bills, checks, et cetera, were drawn by me personally.
10.To contract with any and all persons touching any or all subjects relating to any of my real property, and to govern all conditions of tenancy and occupancy of any of my real property aforesaid; to receive rents, to distrain, to sue in ejectment, to execute any and all leases, deeds and other instruments, and to do any and all things which my said agent or attorney may deem necessary for the proper management of my said real estate.
11.To ask, demand, sue for, recover and receive any and all sums of money, debts, dues, goods, merchandise, chattels, chooses in action and things of whatever nature, kind or description, which may be owing, or which may hereafter become owing, due or payable to me and to give full and proper receipt and release therefore.
12.And in general to do any and all other acts, deeds, matters and things whatsoever in or about any and all of my property, estate and affairs as fully and as effectually to all intents and purposes as I myself might do.
13.This POWER OF ATTORNEY shall not be affected by the disability of the principal, ________________, it being my intention that the authority conferred by this POWER OF ATTORNEY shall be exercisable notwithstanding my disability.
14.In the event of my disability, this POWER OF ATTORNEY shall serve as full GUARDIANSHIP over my person and property, my herein above named lawful attorney to act as my appointed agent and Guardian and to exercise all of the powers conferred and recited herein.
15.In the event that I may become hospitalized and unable to make decisions regarding my physical health, I hereby designate my said attorney to make such decisions regarding the status of my health as may be required from time to time, after consultation with my nearest relatives, attending physicians, nurses and surgeons.
I hereby ratify and confirm every act and thing my attorney or any substitute or agent appointed by me hereunder shall do or cause to be done in the premises.

IN WITNESS WHEREOF, I have set my hand and seal this ____ day of , 2_____.


____________________________ (SEAL)
________________

SIGNED AND SEALED
IN THE PRESENCE OF:

_____________________________

_____________________________

STATE OF _______________
SS:
CITY OF ________________


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I HEREBY CERTIFY that on this ______ day of ______________ 2_____, before me, the undersigned subscriber, a Notary Public in and for the state and City aforesaid, personally appeared ________________, who executed the aforegoing POWER OF ATTORNEY and acknowledged the same to be his act and deed.

IN WITNESS WHEREOF, I hereunto set my hand and Notarial Seal.

_____________________________
NOTARY PUBLIC


My Commission Expires:

__________________________

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1 Comments:

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