General Durable Power of Attorney
for Property and Finances or
Financial Effective Immediately
This General Durable Power of Attorney, which is effective immediately, is intended to be
ocstoc Legal Agreements
used by an individual to appoint an Attorney-in-Fact or Agent to make decisions for him
regarding property, financial, banking, management, business and other related matters.
However, this Power of Attorney doesn’t cover medical and health care services. The Power
of Attorney is intended to offer the user myriad powers which he or she can choose from so
as to suit his or her specific requirements.
ALL INFORMATION AND FORMS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED
WARRANTY, INCLUDING AS TO LEGAL EFFECT OR COMPLETENESS. They are for guidance and should be
modified by you or your attorney to meet your specific needs and the laws of your state. Use at your own
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(http://www.docstoc.com/popterm.aspx?page_id=15). See back cover page and read more here
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Entire document © Docstoc, Inc., 2010, 2011
Attorney Drafted
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GENERAL DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE
EVEN IF YOU BECOME DISABLED OR INCOMPETENT
KNOWN BY ALL PERSONS PRESENT, THAT:
I, _______________________________ [Instruction: Insert the name of the principal],
______________________________________ [Instruction: Insert the address of principal],
(“Principal”), executes this Durable Power of Attorney and do hereby make, constitute and
appoint: ___________________________________ [Instruction: Insert the name of Attorney-in-
Fact], __________________________ [Instruction: Insert the address of Attorney-in-Fact],
(“Agent” or “Attorney-in-Fact”) TO ACT IN MY NAME, PLACE AND STEAD in any lawful
way with respect 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 immediately.
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 power of substitution or
revocation. I hereby ratify and confirm all that my Agent lawfully does 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 whatsoever that I now
have or may hereinafter acquire, relating to any person, matter, transaction or property, real
or personal, tangible or intangible, now owned or hereafter acquired by me, including,
without limitation, the following specifically enumerated powers:
a. Property Matters: 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, with
full authority to sign, endorse, execute and deliver any sales agreement, deed, bill of sale
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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;
b. Stock and bond transactions: To purchase, convey, assign, sell, exchange, surrender,
mortgage, pledge, lease, let, license, demise, remise, quitclaim, bargain, redeem, or
otherwise transfer any and all shares of stock, bonds, evidences of indebtedness or other
securities and other personal tangible and intangible or mixed property in any business,
association, corporation, partnership, or other legal entity, whether private or public, now
or hereafter belonging to me;
c. Banking and other financial institution transactions: To make, receive, sign, endorse,
execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of
credit, notes, stock certificates, withdrawal receipts and deposit instruments relating to
accounts or deposits in, or certificates of deposit of banks, savings and loans, credit
unions, or other institutions or associations, execute or release such deeds of trust or other
security agreements as may be necessary or proper in the exercise of the rights and
powers herein granted;
d. Business operating transactions: To conduct, engage in, and otherwise transact the
affairs of any and all lawful business ventures of whatever nature or kind that I may now
or hereafter be involved in. To execute partnership agreements and amendments thereto;
to incorporate, reorganize, merge, consolidate, recapitalize, sell, liquidate 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 therein; and to exercise
voting rights with respect to stock, either in person or by proxy, and to exercise stock
options;
e. Management Powers: To maintain, repair, improve, invest, manage, insure, rent, lease,
encumber, and in any manner deal with any real or personal property, tangible or
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intangible, or any interest therein that I now own or may hereafter acquire in my name
and for my benefit, upon such terms and conditions as my Agent shall deem proper;
f. 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 policy issued on
my life), and with such security, whether real or personal property, as my 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;
g. Tax matters: To prepare, to make elections, to execute and to file all tax, social security,
unemployment insurance, and informational returns required by the laws of the United
States, or of any state or subdivision thereof, or of any foreign government; to prepare, to
execute, and to file all other papers and instruments which the Agent shall think to be
desirable or necessary for safeguarding of me against excess or illegal taxation or against
penalties imposed for claimed violation of any law or other governmental regulation; and
to pay, to compromise, or to contest or to apply for refunds in connection with any taxes
or assessments for which I am or may be liable
h. Trust: To transfer, assign and convey any property or interest in property, the 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 power 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;
i. Power to Change Beneficiaries on Any Insurance Policies: To change the beneficiaries
on any insurance policies on my life; provided, however, that neither such right and
power, nor any other rights and powers, shall be exercisable with respect to any policies
of life insurance which may at any time be owned by me on the life of my Agent herein
named.
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j. Legal affairs: To employ and compensate attorneys, accountant and other agents with
personal liability for neglect or wrongdoing of any of them selected with reasonable care.
To represent me before any administrative or judicial body in any proceeding;
k. 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.
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.
[Comment: Choose any of the above powers by inserting “X” next to them as
per your specific situation and requirements]
3. Revocation: This general durable power of attorney may be voluntarily revoked 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 Agent. Any
affidavit executed by my Agent stating that she or he did not have, at the time of doing any
act pursuant to this power of attorney, actual knowledge of the revocation or termination of
this power of attorney, is, in the absence of fraud, conclusive proof of the no revocation or no
termination of the power at that time.
4. Interpretation and Governing Law: This instrument is to be construed and interpreted
according to the law of Kansas. It was executed in the state of Kansas and is intended to be
valid in all jurisdictions of the United States of America and all foreign nations.
5. 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.
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6. Revocation: This general durable power of attorney may be voluntarily revoked by me by
written instrument signed by me and delivered to my Agent.
7. Substitute Agent: If _____________________ [Instruction: Insert the name of the
attorney in fact] ceases to act as my Agent due to death, incapacity, or resignation, I appoint
___________________________ [Instruction: Insert the name of the substitute agent], to
serve as my Agent.
8. Death: [Optional] [Comment: Choose this clause if you wish the agency to continue even
after your 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. Any action so taken, unless otherwise invalid or unenforceable, shall be
binding upon me and my heirs, devises, and personal representatives.
9. Special Instructions: [Optional] [Instruction: Insert the special instructions limiting or
extending the powers granted to your agent]
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
___________________________________________________________________________
__________________________________________________________________________.
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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 PARTY HAVING RELIED ON THE PROVISIONS OF THIS INSTRUMENT.
Signed this ____ [Month] ____ [Date], 20____
_______________________________________
Instruction: Insert the signature of principal]
_____________________________________
______________________________________
[Instruction: Insert the address of Principal]
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ACKNOWLEDGEMENT
STATE OF KANSAS
COUNTY OF ____________________
I, a Notary Public, hereby certify that _______________________________________ whose name is
signed to the foregoing instrument, and who is known to me, acknowledged before me on
this day that, being informed of the contents of the conveyance, he/she/they executed the
same voluntarily on the day the same bears date.
Given under my hand this _____________ day of _____________, A. D. 20____.
____________________________________
Notary Public
Print Name __________________________
My commission expires:
___________________
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Note: Carefully read and follow the Instructions and Comments contained in this document for
your customization to suit your specific circumstances and requirements. You will want to
delete the Instructions and Comments from open bracket (“[“) to close bracket (“]”) after
reading and following them. You (or your attorney) may want to make additional modifications
to meet your specific needs and the laws of your state
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practicing in your state, and be reasonable.
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(http://www.docstoc.com/popterm.aspx?page_id=15), as well as our disclaimer that Legal information is not
legal advice, and the important content available here: Read More
(http://www.docstoc.com/popterm.aspx?page_id=114)
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