TO ALL TO WHOM THESE PRESENTS SHALL COME, I [Insert Name of Grantor] (hereinafter referred to as the “Grantor”), having my registered address at [Insert Address of Grantor] hereby appoint [Insert Name of Attorney] of [Insert Address of Attorney], as my attorney-in-fact (hereinafter called the “Attorney”) with the true and lawful attorney with full power and authority to do and execute all acts, deeds and things as hereinafter mentioned in the name of and on behalf of the Grantor.
If the Attorney is unable or unwilling to serve for any reason, I appoint [Insert Name of Alternate Attorney] of [Insert Address of Alternate Attorney] (hereinafter called the “Alternate Attorney”), as my alternate or successor Attorney, as the case may be to represent with the same powers, authorities and discretions without any additional consents needed.
I hereby revoke any and all general powers of attorney and special powers of attorney that previously have been signed by me. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to my health care that have been previously signed by me.
My Attorney shall have full power and authority to act on my behalf. This power and authority shall authorize my Attorney to manage and conduct all of my affairs and to exercise all of my legal rights and powers, including all rights and powers that I may acquire in the future in connection with or having reference to the rights granted throughout this Power of Attorney. My Attorney's powers shall include, but not be limited to, the power to:
1. Open, maintain, operate or close one or more banking accounts, including, but not limited to, checking accounts, savings accounts, and certificates of deposit, brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions.
(a) Conduct any business with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, apply for issue of bank guarantees, negotiating or endorsing any checks or other instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates, or vouchers payable to me by any person, firm, corporation, private, public or political entity.
(b) Perform any act necessary to deposit, negotiate, sell, transfer or otherwise manage any note, security, or draft of the United States of America, including U.S. Treasury Securities.
(c) Have access to any safe deposit box that I might own now or in the future, including its contents.
(d) Register the phone number, email address or other required information for the full use of any and all banking services mentioned-above.
2. Sell (including short sales), exchange, buy, acquire, transfer, invest, or reinvest any funds, assets or property owned by me. Such funds, assets or property may include income producing or non-income producing funds, assets and property.
3. Purchase and/or maintain insurance and annuity contracts, including life insurance upon my life or the life of any other appropriate person.
4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to settle any claim, whether made against me or asserted on my behalf against any other person or entity whatsoever.
5. Enter into binding contracts on my behalf.
6. Exercise all stock rights on my behalf as my proxy, including but not limited to all rights with respect to stocks, bonds, annuities, bank products, debentures, commodities, options or other investments.
7. Maintain and/or operate any business that I may own directly or directly.
8. Employ professional and business assistance, as may be appropriate, including but not limited to attorneys, advisers, consultants, accountants, real estate agents, etc., for my personal or business affairs.
9. Sell, encumber, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of my property (now owned or later acquired) including, but not limited to, real estate and real estate rights (including the right to remove tenants and to recover possession). This includes the right to sell or encumber any homestead that I now own or may own in the future.
10. Prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authorization to:
(a) Prepare, sign and file income and other tax returns with federal, state, local, and other governmental bodies or regulatory authorities.
(b) Obtain information or documents from any government or its agencies or other related authorities, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government, agency or authority.
(c) Prepare applications, provide information orally, in writing including electronically or in any other form, and perform any other act reasonably requested by any government or its agencies or such other authorities in connection with governmental benefits (including medical, military and social security benefits), and to appoint anyone, including my Attorney, to act as my "Representative Payee" for the purpose of receiving Social Security benefits on my behalf.
11. Make gifts from my assets to members of my family and to other close persons or charitable organizations with whom I have an established pattern of giving, to file state and federal gift tax returns, and to file a tax election to split gifts with my spouse, if any.
However, my Attorney shall be prohibited, except as specifically authorized in this instrument, from
(a) gifting, appointing, assigning or designating any of my assets, interests or rights, directly or indirectly, to my Attorney, my Attorney's estate or creditors, or the creditors of my Attorney's estate,
(b) exercising any powers of appointment I may hold in favor of my Attorney, my Attorney’s estate or creditors, or the creditors of my Attorney's estate, or
(c) using my assets to discharge any of my Attorney's legal obligations, including any obligations of support which my Attorney may owe to others, excluding those whom I am legally obligated to support. I appoint [Insert Name of substitute Attorney], of [Insert Address of substitute Attorney], as my substitute Attorney for the sole purpose of making gifts of my property to my Attorney or disclaiming assets that then pass directly or indirectly to my Attorney or my Attorney's estate, as either may be appropriate (unless this substitute Attorney is also the Attorney).
12. Transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer.
13. Subject to other provisions of this document, disclaim any interest, which might otherwise be addressed, transferred or distributed to me from any other person, estate, trust, or other entity, whether public or private, as may be appropriate. However, my Attorney may not disclaim assets, to which I would be entitled if the result is that the disclaimed assets pass directly or indirectly to my Attorney or my Attorney's estate.
This Power of Attorney shall be construed broadly as a general Power of Attorney.
Any power or authority granted to my Attorney under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (a) my income to be taxable to my Attorney, (b) my assets to be subject to a general power of appointment by my Attorney, or (c) my Attorney to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Attorney.
I hereby agree, in the absence of fraud or gross misconduct to indemnify the Attorney in relation to lawful acts undertaken by the Attorney by virtue of this Power of Attorney.
This Power of Attorney shall become effective immediately upon signing, and shall not be affected by my disability or lack of mental competence, except as may be provided otherwise by an applicable state statute. This is a Durable Power of Attorney. This Power of Attorney shall remain in force until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Attorney (email shall suffice).
IN WITNESS WHEREOF, the Grantor has duly executed this document as a DEED on [Insert Date].
I, [Insert Name of Notary], Notary Public of [Insert Country], DO HEREBY CERTIFY that
2. The documents herein are the originals of the said documents:
(a) General Power of Attorney issued to [Insert Name of Attorney].
The signature appearing on the said General Power of Attorney is that of [Insert Name of Grantor] whose power is duly ascertained.
Dated this of [Insert Date].
_____________________________________
Signature of Notary taking acknowledgment
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Create & signA power of attorney (POA) is a legal document that grants someone the authority to act on behalf of another person in legal or financial matters. The person granting the authority is known as the "principal," while the individual receiving the authority is referred to as the "agent" or "attorney-in-fact." This arrangement allows the agent to make decisions and act as if they were the principal.
The principal can grant the agent both a broad or limited legal authority to make legal decisions about their affairs. The extent of the agent's powers will depend on the type of power of attorney the principal has granted. Generally, there are four types of powers of attorney:
A general power of attorney is comprehensive and gives the agent all the powers and rights the principal has. For example, a general power of attorney may give the agent the right to sign documents for the principal, pay the principal's bills, and conduct financial transactions on the principal's behalf. It is a valid legal instrument if, for example, the principal is admitted to a hospital for a period or is away on holiday. A general power of attorney ends on the death or incapacitation of the principal unless the principal revokes it before then.
A limited power of attorney (sometimes called a special power of attorney) gives the agent the power to act in the principal's place for a minimal purpose. For example, it could give the agent the right to sign a deed to property for the principal on a day when the principal is out of town. A limited power of attorney usually ends at a time specified in the document.
A durable power of attorney (an enduring power of attorney in non-U.S. jurisdictions) differs from a general power of attorney in that it remains in effect after the principal becomes incapacitated. If the principal becomes incapacitated without enduring power, another party can act lawfully on their behalf by a court imposing guardianship. An enduring power of attorney stops a court from stepping in and appointing someone to make decisions for the principal. It remains in effect unless the principal revokes it while they have mental capacity and can be general or limited in scope.
A springing power of attorney allows the agent to act for the principal. However, it does not become effective until the principal is incapacitated. So, if springing power is used, the principal should specify exactly how and when the power springs into effect.
The agent, or attorney-in-fact, plays a pivotal role in a power of attorney agreement. They are entrusted with making decisions and acting in the principal's best interests. This may include managing finances, making healthcare decisions, or handling legal matters. The agent must act according to the principal's wishes and prioritize their well-being.
Drafting a power of attorney involves several steps and considerations. The document must clearly outline the scope of the agent's authority, including any limitations or restrictions. It should also specify when a power of attorney takes effect and how long it remains valid. The principal must sign the document in the presence of witnesses or a notary public to ensure its legality.
While a power of attorney offers numerous benefits, it's essential to approach the process with caution. The principal should choose a trustworthy and reliable agent, as they will have significant control over important decisions. Legal safeguards, such as periodic reviews and the option to revoke or amend the power of attorney, can help protect against abuse or misuse.
Life circumstances can change, prompting the need to revoke or amend a power of attorney. The principal can revoke the document anytime, provided they are of sound mind and can make informed decisions. Revocation typically involves drafting a written statement and notifying all relevant parties of the change.
Eliminating errors while drafting a power of attorney documents is crucial to their effectiveness and legal validity. With Contractbook, users can streamline the drafting process and minimize the risk of mistakes. The platform's intuitive templates and guided workflows ensure that all necessary information is included and accurately captured. By providing clear prompts and customizable fields, Contractbook helps users avoid common errors and inconsistencies that can arise during manual drafting. Additionally, Contractbook's built-in error-checking feature helps identify potential issues before finalizing the document, reducing the likelihood of costly errors. With Contractbook, users can confidently draft power of attorney documents, knowing they are accurate, comprehensive, and legally sound.
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