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Redacted Document Sample - Sample
Durable Power of Attorney On Will Document Package
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The following is a redacted sample of the Introductory material included in our Marital Will Packages. There will be some deviations in some states. Documents in the packages are in both Microsoft Word and Rich Text Format. Documents include an automated merge template system which permits you to insert your personal information and merge that information into your customized will document. You can view other portions of the product by clicking on the following links: Format Will (both husband and wife included in package); Health Care Power of Attorney (both husband and wife included in package); General Durable Power of Attorney (both husband and wife included in package); Background/Introduction; Instructions |
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DOCUMENT BEGINNING GENERAL DURABLE POWER OF ATTORNEY FOR «HusbandName» I, «HusbandName»,
appoint my wife, «WifeName», as my lawful attorney-in fact (hereafter
‘agent’). My agent may perform
for me and in my name and on my behalf any act in the management, supervision,
and care of my estate and [Portion Redacted - Included In Fully Licensed
Version] y have authority to perform.
My agent may exercise for me and in my name and on my behalf
the powers enumerated belo [Portion Redacted - Included In Fully Licensed
Version] ended to illustrate, and not to limit, the scope
of this power. If «WifeName»
is unable or unwilling to act as [Portion Redacted - Included In Fully Licensed
Version] alRep_1»
hall act with all rights and responsibilities given to the original
agent. If «PersonalRep_1» is
unable or unwilling to act as agent then «PersonalRep_2» shall
ac [Portion Redacted - Included In Fully Licensed
Version] ghts and responsibilities given to the original
agent. «PersonalRep_2»
is unable or unwilling to act as agent then «PersonalRep_3»
shall act with all rights and responsibilitie [Portion Redacted - Included In Fully Licensed
Version] he original agent.
My agents shall act without bond. 1. SECURITIES My agent
may buy, sell, pledge, exchange, as [Portion Redacted - Included In Fully Licensed
Version] on, or otherwise transfer any securities of any
kind (including, without limitation, flower bonds); deal with any broker,
banker, or other agent; receive all dividen [Portion Redacted - Included In Fully Licensed
Version] rest payments now or hereafter due or payable to
me from any security or other indebtedness or investment; vote stock
and otherwise represent me at all meetings of shareholders or co [Portion Redacted - Included In Fully Licensed
Version] ations in which I have an interest; sign proxies
or other instruments; tender my resignation as director or officer;
and subscribe to shares of stock. 2. ACCOUNTS My agent
may open, continue, maintain, cha [Portion Redacted - Included In Fully Licensed
Version] close any account, including, without limitation,
any checking or savings account, certificate of deposit, share account,
and other like arrangement with any bank, tr [Portion Redacted - Included In Fully Licensed
Version] avings bank, building and loan association, savings
and loan association, credit union, or other financial institution;
make deposits and withdrawals by check, draft, or [Portion Redacted - Included In Fully Licensed
Version] and endorse checks, notes, and drafts for deposit,
collection, or otherwise. 3. OTHER PROPERTY, INCLUDING REAL ESTATE My agent
may sell, exchange, option, and convey my real [Portion Redacted - Included In Fully Licensed
Version] ersonal property, wherever located; execute and
deliver deeds of general warranty, with the customary covenants for
such property; manage and control my [Portion Redacted - Included In Fully Licensed
Version] rty, wherever located; negotiate, execute, and
deliver any leases of my property; demand and collect rents; buy every
kind of property, real or personal; arrange for approp [Portion Redacted - Included In Fully Licensed
Version] sposition, use, insurance, and safekeeping of
all my property; and settle, compromise, and adjust insurance claims. 4. BENEFITS My agent
may apply for and receive any [Portion Redacted - Included In Fully Licensed
Version] nment, insurance and retirement benefits to which
I may be entitled, including exercising any right to el [Portion Redacted - Included In Fully Licensed
Version] enefits or payment options, to terminate, to change
beneficiaries or ownership, to borrow, assign, or receive cash value
in return for the surrender of any or all rights und [Portion Redacted - Included In Fully Licensed
Version] wing; life insurance policies or benefits; annuities, mutual funds, and
profit sharing and employee benefit plans. 5. DEEDS My agent may execute, deliver or acknowledge deeds,
deeds of trust, indentures, mortgages, covenants, notes, or other agreements,
releases [Portion Redacted - Included In Fully Licensed
Version] tions of mortgages or judgments. 6. COLLECTION AND LITIGATION My agent
may demand and collect all property, real or pe [Portion Redacted - Included In Fully Licensed
Version] l, now or hereafter due, payable, or belonging to
me; settle, compromise, contest, or abandon claims in my favor or against
me; give releases, receipts, and d [Portion Redacted - Included In Fully Licensed
Version] ges; commence, pursue, or oppose any action, suit,
or legal proceeding relating to any matter in which I am or may hereafter
be interested; and compromise, settle, or submit to judgmen [Portion Redacted - Included In Fully Licensed
Version] ch action or proceeding. 7. MANAGEMENT OF BUSINESS INTERESTS My agent
may continue to operat [Portion Redacted - Included In Fully Licensed
Version] anage any business belonging to me or in which I
have a substantial interest for such time and in such m [Portion Redacted - Included In Fully Licensed
Version] r as my agent may deem advisable.
Likewise, my agent may discontinue, sell or liquidate any business
or business interest that I may have on such terms as my agent may de [Portion Redacted - Included In Fully Licensed
Version] best interests. 8. TAXES My agent
may represent me before any office of the Internal Revenue Service or
the Treasury Department of the United States and before the tax department
of any state, county, or municipality with regard to any tax with which
I am concerned. In particular,
without limitation, my a [Portion Redacted - Included In Fully Licensed
Version] ay represent me in connection with any federal
income tax return, Form 1040, for all tax years between 1950 and 2050,
inclusive; any federal gift tax return, Form 709, for all tax years
between 1950 and 2050, inclusive; any Alabama income tax return, Form
1, for all tax years [Portion Redacted - Included In Fully Licensed
Version] een 1950 and 2050, inclusive; and any applicable
Alabama gift tax forms for all tax years between 1950 a [Portion Redacted - Included In Fully Licensed
Version] , inclusive. My
agent may perform all acts that I can perform with respect to any tax
matters, without limitation. My
agent may prepare, sign, and file any tax return; receive originals
of all notices and other written communications; negotiate and ma [Portion Redacted - Included In Fully Licensed
Version] mises; file claims; receive, endorse, and collect
checks; receive and examine confidential information; and take appeals,
file protests, and execute waivers and closing agreements.
My agent may consent on my behalf to have any gift made by my
spouse considered as made by e [Portion Redacted - Included In Fully Licensed
Version] .R.C. ' 2513. 9. TRANSFER OF ASSETS My agent
may transfer some or all of my assets to the trustee or [Portion Redacted - Included In Fully Licensed
Version] tees of any revocable trust that I may have established
or might in [Portion Redacted - Included In Fully Licensed
Version] sh, regardless of the extent or limitations on my
beneficial interests in such trust, to be administered according to
it’s terms. 10. SAFE DEPOSIT BOX My agent
shall have access to any sa [Portion Redacted - Included In Fully Licensed
Version] sit box of mine (whether the box is held in my name
alone or jointly with another person or others), wherever located, and
may remove the contents and surrender the box on my behalf. Any institution in which a safe d [Portion Redacted - Included In Fully Licensed
Version] t box of mine is located is not liable to me or
my heirs or estate for permitting my agent to exercise this power. 11. United
States Mail My agent
shall have authority to request and authorize the United States Postal
Service to forward my mail to whatever address my [Portion Redacted - Included In Fully Licensed
Version] s advisable. 12. SOCIAL SECURITY My agent
may represent and act for me before the S [Portion Redacted - Included In Fully Licensed
Version] Security Administration of the United States, and
any similar agency of a state or local government; collect [Portion Redacted - Included In Fully Licensed
Version] cial Security benefits due me; and make such arrangements
in connection with Social Security benefits, including, without limitati [Portion Redacted - Included In Fully Licensed
Version] Medicare, as will facilitate their application
to my care and support. 13. MAKING GIFTS My agent
may make gifts in my name [Portion Redacted - Included In Fully Licensed
Version] my behalf if the agent believes that the gifts
will provide tax benefits for me or my estate provided such gifts ar [Portion Redacted - Included In Fully Licensed
Version] ade to my spouse, my children or their issue, in
equal shares, by right of representation, and to charitable organizations
provided my agent follows pa [Portion Redacted - Included In Fully Licensed
Version] ing established by me before the date of the gift
made by the agent. 14. EMPLOYMENT OF AGENTS My agent
may employ and dismiss age [Portion Redacted - Included In Fully Licensed
Version] attorneys, investment advisers, accountants, housekeepers,
and other persons, and terminat [Portion Redacted - Included In Fully Licensed
Version] that I may have created at any time. 15. COMPENSATION My agent
shall be reimbursed for all reasonable costs and expenses actually incurred
and paid under this power, but my ag [Portion Redacted - Included In Fully Licensed
Version] ot entitled to compensation for services rendered
u [Portion Redacted - Included In Fully Licensed
Version] it. 16. LIMITATIONS My agent
shall not exercise [Portion Redacted - Included In Fully Licensed
Version] avor of my agent, my agent's estate, my agent's
creditors, or the creditors of my agent's estate. My agent shall have no power to change any beneficiary
designation, including, b [Portion Redacted - Included In Fully Licensed
Version] imited to, any beneficiary designation for any life
insurance policy, qualified plan, or IRA, and my agent shall have no
power to amend, alter, or revoke any trust of which I am a Settlor.
Nothing in this instrument shall be construed t [Portion Redacted - Included In Fully Licensed
Version] egate any right or power that I may hold in a fiduciary
capacity. 17. NOMINATION OF GUARDIAN In accordance
with Alabama Statutes, as it may be [Portion Redacted - Included In Fully Licensed
Version] from time to time, I nominate my agent to serve
as my guardian, as my conserva [Portion Redacted - Included In Fully Licensed
Version] n any similar capacity. 18. EFFECTIVE DATE This durable
power of attorney becomes effecti [Portion Redacted - Included In Fully Licensed
Version] n signed by the principal. 19. PHOTOCOPIES Photocopies
of this power of attorney shall have the same effect as an original. 20. SEVERABILITY The invalidity
of a provision of this power of attorney shall not affec [Portion Redacted - Included In Fully Licensed
Version] nother provision. This is
a durable power of attorney drafted p [Portion Redacted - Included In Fully Licensed
Version] to relevant provisions of the [Portion Redacted - Included In Fully Licensed
Version] Statutes, specifically, section [Portion Redacted - Included In Fully Licensed
Version] Statutes, as amended, and shall not be affected by my subsequent disability, incapacity,
or incompetency. No effect
is to be given to article headings.
Dated
this ____ day of __________________, 200___.
«HusbandName» In the presence of:
«Witness_1»
«Witness_2» Subscribed and sworn to before me on this ___ day of ___________, 200__. ________________________________ ____________________, Notary Public State of [Portion Redacted - Included In Fully Licensed Version] My
commission __________________.
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| You can view other portions of the product by clicking on the following links: Format Will (both husband and wife included in package); Health Care Power of Attorney (both husband and wife included in package); General Durable Power of Attorney (both husband and wife included in package); Background/Introduction; Instructions |