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Appendix C: durable power of attorney for finances.



DURABLE POWER OF ATTORNEY durable power of attorney

A legal document conveying authority to an individual to carry out legal affairs on another person's behalf.
 FOR FINANCES

Recording requested by and when recorded mail to: --

Warning to Person Executing This Document

This is an important document. It creates a durable power of attorney. Before executing this document, you should know these facts:

1. This document may provide the person you designate des·ig·nate  
tr.v. des·ig·nat·ed, des·ig·nat·ing, des·ig·nates
1. To indicate or specify; point out.

2. To give a name or title to; characterize.

3.
 as your attorney in fact with broad powers to dispose, sell, convey and encumber To burden property by way of a charge that must be removed before ownership is free and clear.

Property subject to an encumbrance may have a lien or mortgage imposed upon it.
 your real and personal property.

2. These powers will exist for an indefinite period of time unless you limit their duration in this document. These powers will continue to exist notwithstanding your subsequent disability or incapacity The absence of legal ability, competence, or qualifications.

An individual incapacitated by infancy, for example, does not have the legal ability to enter into certain types of agreements, such as marriage or contracts.
.

3. You have the right to revoke To annul or make void by recalling or taking back; to cancel, rescind, repeal, or reverse.


revoke v. to annul or cancel an act, particularly a statement, document, or promise, as if it no longer existed.
 or terminate this durable power of attorney at any time.

DURABLE POWER OF ATTORNEY

1. Creation of Durable Power of Attorney

By signing this document, I, --, intend to create a durable power of attorney. This durable power of attorney shall not be affected by my subsequent disability or incapacity, and shall remain effective until my death, or until revoked by me in writing.

2. Effective Date

This durable power of attorney shall become effective only in the event that I become incapacitated in·ca·pac·i·tate  
tr.v. in·ca·pac·i·tat·ed, in·ca·pac·i·tat·ing, in·ca·pac·i·tates
1. To deprive of strength or ability; disable.

2. To make legally ineligible; disqualify.
 or disabled so that I am not able to handle my own financial affairs and decisions. That determination shall be made in writing by a licensed physician and the writing shall be attached to this durable power of attorney.

3. Designation of Attorney in Fact

I, --, hereby appoint --, as my attorney in fact, to act for me in my name and for my use and benefit. Should -- for any reason fail to serve or cease to serve as my attorney in fact, I appoint -- of -- to be my attorney in fact.

4. Authority of Attorney in Fact

I grant my attorney in fact full power and authority over all my property real and personal, and authorize To empower another with the legal right to perform an action.

The Constitution authorizes Congress to regulate interstate commerce.


authorize v. to officially empower someone to act. (See: authority)
 -- to do and perform all and every act which I as owner of that property could do or perform and hereby ratify ratify v. to confirm and adopt the act of another even though it was not approved beforehand. Example: An employee for Holsinger's Hardware orders carpentry equipment from Phillips Screws and Nails although the employee was not authorized to buy anything.  and confirm that all that my attorney in fact shall do or cause to be done under the Durable Power of Attorney.

[Special Provisions or Limitations. Add to this section any specific limitation(s), restriction(s), direction(s), etc. you want.] --

5. Reliance by Third Parties

The powers conferred con·fer  
v. con·ferred, con·fer·ring, con·fers

v.tr.
1. To bestow (an honor, for example): conferred a medal on the hero; conferred an honorary degree on her.
 on my attorney in fact by this durable power of attorney may be exercisable by my attorney in fact alone, and my attorney in fact's signature or act under the authority granted in this durable power of attorney may be accepted by any third person or organization as fully authorized au·thor·ize  
tr.v. au·thor·ized, au·thor·iz·ing, au·thor·iz·es
1. To grant authority or power to.

2. To give permission for; sanction:
 by me and with the same force and effect as if I were personally present, competent and acting on my own behalf.

No person or organization who relies on this durable power of attorney or any representation my attorney in fact makes regarding [his/her] authority, including but not limited to:

(i) the fact that this durable power of attorney has not been revoked;

(ii) that I, --, was competent to execute this power of attorney;

(iii) the authority of my attorney in fact under this durable power of attorney,

shall incur any liability to me, my estate, heirs, successors or assigns because of such reliance on this durable power of attorney or on any such representation by my attorney in fact. Signed on -- at --, --.

--

Signature of Principal

CERTIFICATE OF ACKNOWLEDGMENT acknowledgment, in law, formal declaration or admission by a person who executed an instrument (e.g., a will or a deed) that the instrument is his. The acknowledgment is made before a court, a notary public, or any other authorized person.  OF NOTARY PUBLIC A public official whose main powers include administering oaths and attesting to signatures, both important and effective ways to minimize Fraud in legal documents.  
State of --)
          ) SS.
County of --)
On -- before me, --, personally
 (Date)       (Notary)
appeared --
        Signer(s)

Personally known to me - OR -      proved to me on the basis of
                                   satisfactory evidence to be the
                                   person(s) whose name(s) is/are
                                   subscribed to the within instrument
                                   and acknowledged to me that
                                   he/she/they executed the same in
                                   his/her/their authorized
                                   capacity(ies), and that by
                                   his/her/their signature(s) on the
                                   instrument the person(s), or the
                                   entity upon behalf of which the
                                   person(s) acted, executed the
                                   instrument.

                                   WITNESS my hand and official seal.

                                   --
                                   Notary's Signature


IMPORTANT NOTE: This sample legal document is provided for informational purposes only and may or may not be valid in your state. This sample legal document also may not include the particular provisions you need. We strongly recommend you consult a competent family or estate planning Estate Planning

The overall planning of a person's wealth, including the preparation of a will and the planning of taxes after the individual's death.

Notes:
Contrary to popular belief, estate planning involves much more than preparing a will, and it is not only for the
 attorney who is familiar with these issues. This sample document in no way constitutes, and should not be relied upon, as legal advice.
COPYRIGHT 2003 National Center for Lesbian Rights
No portion of this article can be reproduced without the express written permission from the copyright holder.
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Publication:Life Lines: Documents to Protect You and Your Family in Times of Trouble
Geographic Code:1USA
Date:Jan 1, 2003
Words:725
Previous Article:Appendix B: hospital visitation authorization.
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