Redacted Document Sample - Sample Durable Power of Attorney On Will Document Package

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

DOCUMENT BEGINNING

GENERAL DURABLE POWER

                  OF ATTORNEY FOR «HusbandName» (Similar Form Included For Wife)

 [There will be some variations in this document depending on your state]

     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 __________________.

 

Go To Next Redacted Sample

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