This is a Durable Power of Attorney and one of the issues in enforcement of these is that if the signature of the person making the Durable Power of Attorney is Challenged then you have to try to find the witnesses who witnessed the signature and they could have moved, be unavailable or died. This helps address that by obtaining right when they witness the signing of having them give an affidavit that they witnessed the Power of Attorney being signed so that could eliminate the need for them to be present in person as authenticating the document.
DURABLE POWER OF ATTORNEY I, ______________________, of the City of ___________, County of _____________, State of ______________, make, name and appoint _______________ as my lawful Attorney-in-Fact, for me and in my name, place and stead effective immediately. ARTICLE I. Durability This Power of Attorney shall not be affected by the mental or physical disability of myself the principal. ARTICLE II. Authorities Granted I authorize my Attorney-in-Fact to do the following on my behalf: A. Financial Accounts. My Attorney-in-Fact may maintain any financial accounts, including checking, savings, or credit union accounts presently held in my name, establish new financial accounts in my name, and deposit money into, withdraw money from, and draw checks on these accounts. B. Commercial Paper. My Attorney-in-Fact may receive, endorse, and collect any currency or commercial paper, including, but not limited to, any checks or drafts payable to me. C. Investments. My Attorney-in-Fact may invest and reinvest my funds in any type of investment, including corporate obligations of every kind, preferred or common stocks, securities of any regulated investment trust, partnership interests, and every other type of securities or investment. [One example of optional language: that a prudent investor would buy on his or her own behalf.] D. Location of Assets. My Attorney-in-Fact may move any of my property to any place, whether or not within the United States. E. Sale of Assets. My Attorney-in-Fact may sell or otherwise transfer any of my property, real, personal, or mixed, tangible or intangible, on such terms and conditions as my Attorney-in-Fact may deem advisable, and execute any instruments and give any warranties or indemnifications that my Attorney-in-Fact may deem useful in effecting such sale or transfer. My Attorney-in-Fact may sell, convey and mortgage realty, foreclose mortgages and take title to property in my name if my Attorney-in-Fact deems proper, and execute, acknowledge and deliver deeds of real property, mortgages, releases, satisfactions, leases and other instruments relating to realty which my Attorney-in-Fact considers necessary. F. Stock. My Attorney-in-Fact may vote in person or by proxy, sell or otherwise dispose of, cause to be registered in the name of a nominee selected by my Attorney- in-Fact and transfer, redeem, convert, or exchange any stock or other security that now belongs to me or may belong to me in the future or in which I may have an interest, and make, execute, and deliver any endorsement, assignment, certification, or other document in connection with any security. G. Insurance Policies. My Attorney-in-Fact may apply for [Example of Optional Language “and own any”] policies of insurance on my life, on any of my property, and against any liabilities or damages my Attorney-in-Fact may deem advisable, pay any premiums or other charges required to maintain such policies, and exercise any incident of ownership over such policies, including, but not limited to, any right to change beneficiaries, cancel the policy, borrow against any cash values, or make any elections with respect to the policies. H. Property Management. My Attorney-in-Fact may improve, develop, manage or lease any of my property. I. Nominees. My Attorney-in-Fact may hold any of my property in the name of any trustee, custodian or nominee. [Example of Optional Language “and must disclose their relationship”]. J. Motor Vehicles. My Attorney-in-Fact may apply for or transfer any certificate of title to any motor vehicle and may represent that such vehicle is free and clear of all liens and encumbrances not otherwise noted in the transfer documents. K. Legal Actions. My Attorney-in-Fact may retain counsel and attorneys on my behalf to appear for me in all actions and proceeding in state and federal court and prosecute or defend any action to protect me, my property, or my Attorney-in-Fact in the performance of duties under this instrument, and pay, contest, or settle any claim by or against me or my Attorney-in-Fact arising out of the performance of duties under this instrument. L. Employees. My Attorney-in-Fact may employ persons, [Example of Optional Language “even if they are associated with my Attorney-in-Fact”], to advise or assist in the performance of the duties under this instrument including but not limited to accountants, investment advisors, or others necessa
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