Financial Durable Power of Attorney

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FINANCIAL DURABLE POWER OF ATTORNEY

OF

ARTICLE I. DECLARATIONS
THIS POWER OF ATTORNEY AUTHORIZES THE PERSON NAMED
BELOW AS MY ATTORNEY-IN-FACT TO DO ONE OR MORE OF THE
FOLLOWING: TO SELL, LEASE, GRANT, ENCUMBER, RELEASE OR
OTHERWISE CONVEY ANY INTEREST IN MY REAL PROPERTY AND TO
EXECUTE DEEDS AND ALL OTHER INSTRUMENTS ON MY BEHALF,
UNLESS THIS POWER OF ATTORNEY IS OTHERWISE LIMITED HEREIN
TO SPECIFIC REAL PROPERTY.

I, _____________, presently residing at ___________________, appoint


__________________, presently residing at __________________________, as my
Attorney-in-Fact (hereinafter called my Agent). If she/he is unable or unwilling to
act for any reason, I appoint ____________________, presently residing at
______________________ as my successor Agent.

This is intended to be a durable power of attorney. It shall become effective


upon its execution and shall remain in effect until my death unless revoked in
accordance with Article III below. It shall not be affected by my subsequent
disability or incapacity, or by lapse of time. All acts lawfully done by my Agent
during any period in which I am disabled shall have the same effect and inure to
the benefit of and bind me, my heirs, devisees, legatees and personal
representatives as if I were mentally competent and not disabled. I hereby, for
myself, my heirs, devisees, legatees and personal representatives, ratify and
confirm whatever my Agent may do under this instrument.

ARTICLE II. POWERS OF MY AGENT

My Agent shall have full power to act for me and in my name in all matters
and to do all things that I could if personally present.

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The following powers are granted to my Agent to be used for my benefit and
on my behalf.

1. Banking. To open, enter, withdraw, deposit, close, negotiate, endorse


and transfer any instrument affecting any commercial, checking, savings,
savings and loan, money market and mutual fund accounts in my name or
opened for my benefit.

2. Safety Deposit Box. To enter any safe deposit box I may have rented or
leased in my name at any financial institution and to withdraw the
contents thereof at any time, and to lease a safe deposit box in my name
or in my Agent’s name in his or her capacity as my Agent.

3. Arranging Care. To do all acts necessary for maintaining my customary


standard of living, to provide living quarters by purchase, lease or other
arrangement, or by payment of the operating costs of my existing living
quarters, including interest, amortization payments, repairs and taxes, to
provide clothing, transportation, medicine, food, homemakers, care aids
and incidentals and if necessary to make all necessary arrangements,
contractual or otherwise, for me at any hospital, hospice, nursing home,
convalescent home or similar establishment.

4. Employment of Experts. To hire and pay from my funds for physicians,


dentists, any other health care provider, accountants, attorneys at law,
custodians, investment counsel, real estate agents, or other persons, and
to do so without liability for any neglect, omission or misconduct of any
such persons, and to dismiss any such persons at any time with or without
cause.

5. Provide for My Welfare. To arrange for transportation, recreation and


travel, to provide for my spiritual needs, and to provide for
companionship, support groups, community events, and so forth.

6. Securities. To open accounts with stock brokers to buy, sell, endorse,


transfer, hypothecate and borrow against any shares of stock, bonds, or
U.S. Treasury Bills and Notes and any other type of U.S. Treasury
security, and any other documents or instruments defined as securities
under law, and to vote securities in person or by proxy.

7. Notes Receivable. To collect on, compromise, endorse, borrow against,


hypothecate, release and convey any promissory note receivable, secured
or unsecured, or any accounts receivable note and any related deed of
trust.

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8. Real Property. To collect rents, disburse funds, keep in repair, hire
professional property managers, lease to tenants, negotiate and
renegotiate leases, borrow against, renew any loan, sign any documents
required for such transactions, and to buy or sell any real property
without the need for prior court approval.

9. Manage Property. To partition property to create separate property for


me, to disclaim or release any powers or interest which I may have in any
property, to manage tangible personal property, including but not limited
to, moving, storing, selling, donating, or otherwise disposing of it.

10. Contracts. To enter into, perform, modify, extend, cancel, compromise,


enforce, or otherwise act with respect to any contract, instrument or
similar document of any sort whatsoever, including but not limited to,
deeds, leases, and mortgages, and to pay any money or to transfer title
and possession to any real or personal property that may be required to be
paid or transferred by any such contract, instrument, or similar document
or in the performance of any obligation entered into or incurred by me or
on my behalf.

11. Taxes. To sign my name to income and other tax returns, to hire
preparers and advisors and pay for their services from my funds, to
execute IRS Form 2848, Power of Attorney and Declaration of
Representation, and other documents, to receive and cash refunds, to
prepare, sign and file estimates, waivers, consents, protests, refund
claims, requests for rulings, agreements and petitions (including petitions
to the Tax Court of the United States); and to represent me and to hire
counsel to represent me before any governmental agency or court.

12. Retirement Accounts, Social Security, Benefits, Insurance. To


execute other local or national governmental reports, applications and
documents and vouchers, including retirement and disability elections,
and to apply for, receive and manage all aspects of my interests in
retirement benefit plans (including but not limited to IRA, 401K, Keogh,
and ESOP accounts), Social Security, Medicare and other life, health, long
term care or disability insurance including but not limited to applying for,
amending and terminating such policies, and in connection with any plan
or policy, to execute options under, borrow against, cancel, surrender for
cash value, and change beneficiaries.

13. Legal Action. To institute, prosecute, defend, collect, compromise and


settle any legal or equitable actions, claims, debts, bequests, devises,
inheritances or interest which I now have or may hereafter have.

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14. Advance Funeral Arrangements. To make advance arrangements for
my funeral or disposition of my remains on my behalf.

15. Borrow, Credit Cards. To borrow money for me if that appears to be


prudent, and in connection with any such transaction, to pledge any
personal property for security as may be necessary; and to use my credit
cards on my behalf if prudent to obtain necessary items and services to
meet my needs.

16. Loans. To repay loans on my behalf from my funds.

17. Trusts. To create one or more trusts for my benefit and to contribute and
receive income and principal from them; to represent me in any and all
matters arising out of my interest in any trust of which I am the settlor or
beneficiary, and to exercise any power which I now or may hereafter have
with respect to any trusts, including the power to make withdrawals,
alter, amend or revoke, in whole or in part, any trust.

18. Renounce or Resign Fiduciary. To renounce or resign any fiduciary


position to which I have been appointed or in which I am serving,
including, but not limited to any position as executor, administrator,
trustee, guardian, attorney-in-fact, agent or officer or director of a
corporation, and in connection with such resignation, to file an accounting
with a court of competent jurisdiction or agree to settlement by way of
receipt and release or such other informal method as my Agent shall deem
advisable.

19. Renounce or Disclaim Property. To renounce or disclaim any


property or interest in property or powers to which I may become entitled,
whether by gift, bequest, testate or intestate succession, beneficiary, or
any other means.

20. Execute Documents. To execute on my behalf the documents necessary


to carry out the authorizations described above.

ARTICLE III. REVOCATION AND INDEMNIFICATION

This Financial Durable Power of Attorney may be amended or revoked by me,


and any Agent or successor Agent may be removed by me at any time by the
destruction of all copies or by the execution by me of a written instrument of
revocation, amendment, or removal delivered to my Agent and all successor Agents.

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Any persons or institutions to whom this Financial Durable Power of
Attorney is presented may continue to rely on it until they receive written notice
that it is revoked or actual notice of my death. They shall be held harmless by me,
my estate, legal and personal representatives, heirs and beneficiaries against any
liability or loss that they may incur by relying on this Financial Durable Power of
Attorney after termination or revocation but before they receive notice of revocation,
or at any time because of wrongful acts, omissions, or representations of my Agent.

My Agent is authorized to take appropriate legal action against any person or


institution that refuses to honor this Financial Durable Power of Attorney unless
such person or institution has received written notice that this Financial Durable
Power of Attorney is revoked or has actual knowledge of my death. Further, my
Agent shall be indemnified and held harmless for all acts lawfully performed
hereunder and for all decisions made by my Agent in his or her sound discretion not
to perform acts that he or she could lawfully perform hereunder.

ARTICLE IV. OTHER PROVISIONS

My Agent shall serve without compensation, except for reimbursement of out-


of-pocket expenses incurred in the course of conducting affairs on my behalf.

In the event an action is brought by any party in a court of competent


jurisdiction for appointment of a guardian or conservator, and such action is not
dismissed by the court due to my execution of this instrument, I nominate my Agent
to serve as guardian or conservator, unless such action was brought as a result of
allegation that my Agent has acted contrary to the instructions herein, or my best
interests, and such allegation is found to be warranted by the court.

If any of the provisions of this Financial Durable Power of Attorney are held
to be invalid, only the specific provision declared invalid shall be affected, and all
other provisions not directly dependent thereon shall remain in full force and effect.

The headings in this Financial Durable Power of Attorney have been inserted
for convenient reference and shall be ignored in its construction.

I HEREBY sign my name to this Power of Attorney this ____ day of


_________, 20___.

Client’s Name
5
District of Columbia

I, a Notary Public, within and for the District of Columbia, do hereby certify

that the foregoing Power of Attorney was this day produced to me in the District of

Columbia by the Principal and was executed and acknowledged by the ___________

to be his/her free act and voluntary deed. SUBSCRIBED AND SWORN TO before

me this ________ day of ________________, 20___.

First Witness

Signature:_____________________________________________________________

Print Name:___________________________________________________________

Home Address:_________________________________________________________

Date:__________________________________________________________________

Second Witness

Signature:_____________________________________________________________

Print Name:___________________________________________________________

Home Address:________________________________________________________

Date:_________________________________________________________________

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