DURABLE POWER OF ATTORNEY
THE POWERS YOU GRANT BELOW ARE EFFECTIVE EVEN IF YOU BECOME DISABLED OR INCOMPETENT
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU.
THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT, WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.
YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY.
YOUR AGENT MUST ACT IN ACCORDANCE WITH YOUR REASONABLE EXPECTATIONS TO THE EXTENT ACTUALLY KNOWN BY YOUR AGENT AND, OTHERWISE, IN YOUR BEST INTEREST, ACT IN GOOD FAITH AND ACT ONLY WITHIN THE SCOPE OF AUTHORITY GRANTED BY YOU IN THE POWER OF ATTORNEY.
THE LAW PERMITS YOU, IF YOU CHOOSE, TO GRANT BROAD AUTHORITY TO AN AGENT UNDER POWER OF ATTORNEY, INCLUDING THE ABILITY TO GIVE AWAY ALL OF YOUR PROPERTY WHILE YOU ARE ALIVE OR TO SUBSTANTIALLY CHANGE HOW YOUR PROPERTY IS DISTRIBUTED AT YOUR DEATH. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD SEEK THE ADVICE OF AN ATTORNEY AT LAW TO MAKE SURE YOU UNDERSTAND IT.
A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY.
THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.
I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.
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THE POWERS YOU GRANT BELOW ARE NOT AFFECTED BY DISABILITY OR LAPSE OF TIME
NOTICE: THE PRINCIPAL SHOULD BE CAREFUL IN SELECTING AND IN INSTRUCTING THE AGENT (OR ATTORNEY-IN-FACT) AS TO THE TASKS THAT HE OR SHE SHOULD COMPLETE. THE POWERS GRANTED BY THIS DOCUMENT ARE VERY BROAD AND SWEEPING, AS THE AGENT HAS THE POWER TO HANDLE BUSINESS AND LEGAL MATTERS ON THE PRINCIPAL'S BEHALF. AS STATED ABOVE, THESE POWERS ARE EXPLAINED MORE FULLY IN 20 PA.C.S. CH. 56. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
I, _________, maintaining an address at _________, telephone number _________, and email address _________, hereby appoint _________ maintaining an address at _________, telephone number _________, and email address _________, as my Agent ("Attorney-in-fact").
GRANT OF GENERAL AUTHORITY
I grant my agent(s) general authority to act for me with respect to the following subjects:
- To make limited gifts
- To create a trust for my benefit
- To make additions to an existing trust for my benefit
- To claim an elective share of the estate of my deceased spouse
- To renounce fiduciary positions
- To withdraw and receive the income or corpus of a trust
- To engage in real property transactions
- To engage in tangible personal property transactions
- To engage in stock, bond and other securities transactions
- To engage in commodity and option transactions
- To engage in banking and financial transactions
- To borrow money
- To enter safe deposit boxes
- To engage in insurance and annuity transactions
- To engage in retirement plan transactions
- To handle interests in estates and trusts
- To operate a business or entity
- To pursue tax matters
- To provide for personal and family maintenance
THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL DURABLE POWER OF ATTORNEY AND SHALL CONTINUE TO BE EFFECTIVE EVEN IF I BECOME DISABLED, INCAPACITATED, OR INCOMPETENT.
(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY.)
My Agent is entitled to reasonable compensation for any services rendered as my Agent.
(YOUR AGENT SHALL HAVE THE RIGHT BY WRITTEN INSTRUMENT TO DELEGATE ANY OR ALL OF THE FOREGOING POWERS INVOLVING DISCRETIONARY DECISION-MAKING TO ANY PERSON OR PERSONS WHOM MY AGENT MAY SELECT, BUT SUCH DELEGATION MAY BE AMENDED OR REVOKED BY ANY AGENT (INCLUDING ANY SUCCESSOR) NAMED BY ME WHO IS ACTING UNDER THIS POWER OF ATTORNEY AT THE TIME OF REFERENCE. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, PLEASE DELEGATE SUCH AUTHORITY UNDER THE AUTHORITY TO DELEGATE SECTION BELOW.)
My Agent shall have the right by written instrument to delegate any or all of the foregoing powers involving discretionary decision-making to any person or persons who my Agent may select, but such delegation may be amended or revoked by any agent (including any successor) named by me who is acting under this Power of Attorney at the time of reference.
This Power of Attorney takes effect immediately.
This Power of Attorney will continue to be in effect until my death and will not be affected by my subsequent disability or lapse of time.
This Power of Attorney may be revoked or terminated by me at any time by providing written notice to my Agent.
I agree that any third party who receives a copy of this document may act under it. Revocation of the Power of Attorney is not effective as to a third party until the third party learns of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.
Dated ____________________, ______, at _________, _________.
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Witness Signature: ___________________________
Name: _________
Address: _________
Telephone number: _________
Email address: _________
Witness Signature: ___________________________
Name: _________
Address: _________
Telephone number: _________
Email address: _________
,
ss:
On this _____ day of ______________, ______, before me, ________________________, personally appeared _________, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he/she executed the same as for the purposes therein contained.
In witness whereof, I hereunto set my hand and official seal.
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Notary Public
My Commission expires _____________
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
The foregoing power of attorney was, on the date written above, published and declared by _________ in our presence to be his/her Power of Attorney. We, in his/her presence and at his/her request, and in the presence of each other, have attested to the same and have signed our names as attesting witnesses.
___________________________________
Name: _________
Address: _________
Telephone number: _________
Email address: _________
___________________________________
Name: _________
Address: _________
Telephone number: _________
Email address: _________
I, _________, have read the attached Power of Attorney and am the person identified as the Agent for the Principal. I hereby acknowledge that when I act as Agent:
I shall act in accordance with the Principal's reasonable expectations to the extent actually known by me and, otherwise, in the Principal's best interest, act in good faith and act only within the scope of authority granted to me by the Principal in the Power of Attorney.
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_________ | Date |
This document was prepared by the following individual:
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