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General Durable Power of Attorney

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General Durable Power of Attorney Powered By Docstoc
					This is an agreement that allows an agent to act on behalf of a principal. Usually, an
attorney acts as the agent on behalf of the client or principal. This agreement is primarily
used to allow an attorney to act on behalf of a mentally or physically deteriorating client.
Additionally, this particular agreement contains a durability provision that allows the
attorney to maintain power of attorney if the principal becomes mentally incompetent.
The attorney agrees that he or she will act in the client's best interests to the best of the
attorney's abilities. This document should be used by attorneys or clients that want to
allow the attorney to act on their behalf.
                       GENERAL DURABLE POWER OF ATTORNEY




                 Title _ Chapter _Section __ of Code of ____________________




KNOW ALL MEN BY THESE PRESENTS that I ________________________________
[Instruction: Insert the name of person/principle making this power of attorney] residing at
___________________           [Instruction:   Insert the Address      of    Principal] County of
______________         [Instruction: Insert the County], State of _____________________,
hereinafter   termed     as     the   “Principal”   do   hereby   make,    constitute   and   appoint
________________________________ [Instruction: Insert the name of attorney in
fact/agent] residing at _______________________________ [Instruction: Insert the address
of attorney in fact/agent] hereinafter termed as the “Agent” as my true and lawful attorney in
fact for me and in my name, place and stead, generally to act as my Agent in relation to all
matters in which I may be interested or concerned, not including matters about which I have
authorized my Agent to make decisions, and as such to do all acts and things and to execute all
instruments as fully and effectually in all respects as I myself could do if personally present,
excepting only such acts and things as the law of the place where they are to be done (including
the conflicts of law rules) or their nature would make impossible, it being my intention,
regardless of the mention hereafter of any powers which may be specifically included in this
general power, to make this a full, complete and general power of attorney. This power of
attorney shall not be affected by my subsequent disability, incompetency or incapacity. I grant
the following powers and authority to my Agent appointed above:

1. Power to Execute Generally. To do whatsoever is requisite and necessary to be done in the
    foregoing, as fully as I could if personally present, with full power of substitution, hereby
    ratifying and confirming all that my said Agent shall lawfully do, or cause to be done by
    virtue hereof.




© Copyright 2012 Docstoc Inc.                                                             2
2. Transactions of Real Property. To lease, sell, mortgage, purchase, exchange, and acquire,
    and to agree, bargain and contract for the lease, sale, purchase, exchange and acquisition of
    and to accept, take, receive and possess any interest in real property whatsoever, on such
    terms and conditions, and under such covenants, as my Agent shall deem proper; and to
    maintain, repair, tear down, alter, rebuild, improve manage, insure, move, rent, lease, sell,
    convey, subject to liens, mortgages, and security deeds, and in any way or manner deal with
    all or any part of any interest in real property whatsoever, including specifically, but without
    limitation, real property under such terms and conditions, and under such covenants, as my
    Agent shall deem proper and may for all deferred payments accept purchase money notes
    payable to me and secured by mortgages or deeds to secure debt, and may from time to time
    collect and cancel any of said notes, mortgages, security interests, or deeds to secure debt
    with respect to the Real Property .
3. Transactions of Tangible Personal Property. To lease, sell, mortgage, purchase, exchange,
    and acquire and to agree, bargain, and contract for the lease, sale, purchase, exchange, and
    acquisition of and to accept, take, receive, and possess any personal property whatsoever,
    tangible or intangible, or interest thereto, on such terms and conditions, and under such
    covenants, as my Agent shall deem proper; and to maintain, repair, improve, manage, insure,
    rent, lease, sell, convey, subject to liens or mortgages, or to take any other security interests
    in said property, or otherwise hypothecate (pledge), and in any way or manner deal with all
    or any part of any real or personal property whatsoever, tangible or intangible, or any interest
    therein, that I own at the time of execution or may thereafter acquire, under such terms and
    conditions, and under such covenants, as my Agent shall deem proper.
4. Bond and Stock Transactions. To purchase, sell, exchange, surrender, assign, redeem, vote
    at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in
    any business, association, corporation, partnership, or other legal entity, whether private or
    public, now or hereafter belonging to me.
5. Commodity and Option Transactions. To buy, sell, exchange, assign, convey, settle and
    exercise commodities futures contracts and call and put options on stocks and stock indices
    traded on a regulated options exchange and collect and receipt for all proceeds of any such
    transactions; establish or continue option accounts for the Principal with any securities or




© Copyright 2012 Docstoc Inc.                                                            3
    futures broker; and, in general, exercise all powers with respect to commodities and options
    which the principal could if present and under no disability.
6. Banking, Investing 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. To pay all sums of money, at any time or times,
    that may hereafter be owing by me upon any account, bill of exchange, check, draft,
    purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and
    delivered by me or for me in my name, by my Agent.
7. Power to Borrow. To borrow from time to time 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) as my Agent may deem proper and execute promissory notes, security
    deeds or agreements, financing statements, or other security instruments which may be
    necessary and proper. [Comment: User may decide to remove this clause]
8. Safe Deposit Boxes. To have free access at any time or times to any safe deposit box or vault
    to which I might have access, and to remove all or any part of the contents thereof, and to
    surrender or relinquish said safe deposit box, and any institution in which any such safe
    deposit box may be located shall not incur any liability to me or my estate as a result of
    permitting my Agent to exercise this power. [Comment: User may decide to remove this
    clause]
9. Business Operating Transactions. To conduct, en
				
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Description: This is an agreement that allows an agent to act on behalf of a principal. Usually, an attorney acts as the agent on behalf of the client or principal. This agreement is primarily used to allow an attorney to act on behalf of a mentally or physically deteriorating client. Additionally, this particular agreement contains a durability provision that allows the attorney to maintain power of attorney if the principal becomes mentally incompetent. The attorney agrees that he or she will act in the client's best interests to the best of the attorney's abilities. This document should be used by attorneys or clients that want to allow the attorney to act on their behalf.
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