David Kerrick is an attorney providing legal and consulting services in the areas of business planning, estate planning, property and civil litigation. This site is intended as a public service to his clients and the internet community.  The material here is presented for educational purposes only and should not be construed as attorney-client advice unless otherwise indicated.  Please consult directly with Mr. Kerrick or a competent attorney licensed in your jurisdiction before acting on any of the information provided on these pages.     HOME


  POWER OF ATTORNEY

(DURABLE)





I, __________________, of ____________City, County of ______________, State of _______________, designate and appoint _______________________, of _____________City, County of __________, State of ________________________, as my attorney-in-fact, subsequently called "Agent", to act in my name and for my benefit. I grant to my Agent full power and authority to do everything necessary in exercising any of the powers herein granted as fully as I might or could do if personally present and fully competent, hereby ratifying and confirming all that my Agent shall lawfully do or cause to be done by virtue of this General Power of Attorney and the powers herein granted.

1. General Grant of Power: My Agent shall have the power to exercise or perform any act, power, duty, right or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation the powers specifically enumerated in this instrument. Generally, my Agent shall have the power to do and perform all matters, transact all business, and make, execute and acknowledge all contracts, orders, deeds, mortgages, leases, assignments, assurances and instruments of every kind which may be requisite or proper to effectuate the purposes of this General Power of Attorney.

2. Specific Powers: Without in any way limiting the generality of the power and authority conferred upon my Agent by this instrument, my Agent shall have and may exercise each and every power enumerated in the ______________ Uniform Trustees Powers Act, as amended from time to time.

3. Revocability: This Power of Attorney is revocable, provided, that insofar as any governmental agency, bank, trust company, insurance company, transfer agent, or other person shall rely upon this power, this may be revoked only by a notice in writing executed by me or my Agent and delivered to such person or institution.

4. Interpretation: This instrument is to be construed and interpreted as a General Power of Attorney. The enumeration of the specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to my Agent.

5. Disability of Principal: This General Power of Attorney shall not be affected by disability of the principal.

6. Third Party Reliance: Third parties may rely upon the representations of my Agent as to all matters relating to any power granted to my Agent, and no person who may act in reliance upon the representations of my Agent or the authority granted to my Agent shall incur any liability to me or my estate as a result of permitting my Agent to exercise any power.

7. Successor Agent: In the event my Agent dies or is determined by a Court of competent jurisdiction to be incapacitated, I designate ___________________________ of _________________City, County of ______________, State of _________, as successor to act as my Agent with all of the powers referred to herein.

8. Governing Law: This General Power of Attorney is executed and delivered in the State of __________________ and the laws of the State of _________________ shall govern all questions as to the validity of this power and as to the construction of its provisions.

IN WITNESS WHEREOF, I have executed this General Power of Attorney this _____ day of _______________, 20__.
 
 
 _________________________________
                          Principal
 
 

STATE OF _____ )

                                :ss.

County of _______)
 
 

On this ____ day of ____________, 20___, before me, the undersigned, a Notary Public in and for said State, personally appeared __________________, known to me to be the person who executed the foregoing document and acknowledged to me that he/she executed the same.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written.
 
 

______________________________

Notary Public for _____________

Residing at __________________

My Commission expires: _______
 
 

(SEAL)

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