Durable Power of Attorney

5 Dec 2014

Durable Power of Attorney

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Durable Power of AttorneyLooking for a Florida Durable Power of Attorney? The below is a sample; however, it should not be used on your own and without proper legal representation. Seek out an attorney to assist you at the earliest opportunity.

GENERAL POWER OF ATTORNEY

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I, George Smith, residing at 403 E. Ho Ave., Suite 60, Ocala, FL 32724, hereby appoint Nancy Smith Roberts of 201 W. Minnesota Avenue, Ocala FL 32601 (and, in addition, of 101 Boca Drive Apartment 302, Sandy Beach, VA 21732), as my Attorney-in-Fact (“Agent”).

If my Agent is unable to serve for any reason, I designate Michael Owen Roberts of 201 West Minnesota Avenue, Ocala, FL 32601 (and, in addition, of 42 Payson Terrace, Smyrna WA 30082) as my successor Agent.

I hereby revoke any and all general 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 previously have been signed by me.

My Agent shall have full power and authority to act on my behalf. This power and authority shall authorize my Agent 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. My Agent’s powers shall include, but not be limited to, the power to:

  1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage 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, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity.

b. Perform any act necessary to deposit, negotiate, sell or transfer 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, including its contents.

  1. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets or property may include income producing or non-income producing assets and property.

  2. Purchase and/or maintain insurance, including life insurance upon my life or the life of any other appropriate person.

  3. 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.

  4. Enter into binding contracts on my behalf.

  5. Exercise all stock rights on my behalf as my proxy, including all rights with respect to stocks, bonds, debentures, or other investments.

  6. Maintain and/or operate any business that I may own.

  7. Employ professional and business assistance as may be appropriate, including attorneys, accountants, and real estate agents.

  8. Sell, 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.

  9. 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.

b. Obtain information or documents from any government or its agencies, and negotiate, compromise, or settle any matter with such government or agency (including tax matters).

c. Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).

  1. Make gifts from my assets to members of my family and to such other persons or charitable organizations. However, my Agent may not make gifts of my property to the Agent. I appoint Angela Watson of 21 South End Road, Boston MA (and, in addition, of 201 West Minnesota Ave., Ocala FL 32601) as my substitute Agent for the sole purpose of making gifts of my property to my Agent, as appropriate.

  2. 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.

  3. Disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate.

This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of specific powers is not intended to limit or restrict the general powers granted in this Power of Attorney in any manner.

Any power or authority granted to my Agent under this document shall be limited to the extent necessary to prevent this Power of Attorney from causing: (i) my income to be taxable to my Agent, (ii) my assets to be subject to a general power of appointment by my Agent, and (iii) my Agent to have any incidents of ownership with respect to any life insurance policies that I may own on the life of my Agent.

My Agent shall not be liable for any loss that results from a judgment error that was made in good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.
I authorize my Agent to indemnify and hold harmless any third party who accepts and acts under this document.

My Agent shall be entitled to reasonable compensation for any services provided as my Agent. My Agent shall be entitled to reimbursement of all reasonable expenses incurred in connection with this Power of Attorney.

My Agent shall provide an accounting for all funds handled and all acts performed as my Agent, if I so request or if such a request is made by any authorized personal representative or fiduciary acting on my behalf.

This Power of Attorney shall become effective immediately 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 continue effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent.
Dated ____________________, 20____ at _____________________________________ _______________________________________________________________________________________________________________________________________________.

Mr. Smith’s Signature:


George Amos Smith
:

WITNESS’ SIGNATURE:


WITNESS’ PRINTED FULL LEGAL NAME:

__________________________________ WITNESS’ SIGNATURE:


WITNESS’ PRINTED FULL LEGAL NAME:


Acknowledgement:

STATE OF _________________________

COUNTY OF _______________________
The foregoing instrument was acknowledged before me this ___________ day of ____________________, 20____ by George Amos Smith, who is personally known to me or who has produced ______________________________________________ as identification.


Signature of person taking acknowledgment


Name typed, printed, or stamped


Title or rank


Serial number (if applicable)

This Document Prepared By:______________________________ß

Summary
Florida Durable Power of Attorney
Article Name
Florida Durable Power of Attorney
Description
Durable Power of Attorney Sample. Contact our lawyers before you use this, as the laws constantly change.
Author
About the Author:

Massey & Duffy has existed since October, 2003. We focus exclusively on civil litigation, including wrongful death, overtime cases, car and trucking accidents, insurance claims, breach of contract, general employment law, and serious personal injury lawsuits.