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Durable Power of Attorney
Durable Power of Attorney
State of
County of ____________
Date:
DURABILITY CLAUSE:
THIS IS A DURABLE POWER OF ATTORNEY. THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE SUBSEQUENT DISABILITY OR INCAPACITY OF THE PRINCIPAL, OR LAPSE OF TIME. THE AUTHORITY GRANTED HEREIN SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE PRINCIPAL'S SUBSEQUENT DISABILITY OR INCAPACITY.
THIS IS A DURABLE POWER OF ATTORNEY. THIS POWER OF ATTORNEY SHALL NOT BE AFFECTED BY THE SUBSEQUENT DISABILITY OR INCAPACITY OF THE PRINCIPAL, OR LAPSE OF TIME. THE AUTHORITY GRANTED HEREIN SHALL CONTINUE IN FULL FORCE AND EFFECT NOTWITHSTANDING THE PRINCIPAL'S SUBSEQUENT DISABILITY OR INCAPACITY.
KNOW ALL PERSONS BY THESE PRESENTS:
I, ________________, of ________________, ________________, __ _____ (hereinafter referred to as "Principal"), being of sound mind and under no duress, do hereby appoint the following person as my Agent (Attorney-in-Fact) under this Durable Power of Attorney:
I, ________________, of ________________, ________________, __ _____ (hereinafter referred to as "Principal"), being of sound mind and under no duress, do hereby appoint the following person as my Agent (Attorney-in-Fact) under this Durable Power of Attorney:
APPOINTMENT OF AGENT:
I hereby appoint ________________, of ________________, ________________, __ _____ (Relationship: ________________), as my Agent (Attorney-in-Fact) to act on my behalf as set forth in this Durable Power of Attorney. This appointment shall survive my disability or incapacity.
I hereby appoint ________________, of ________________, ________________, __ _____ (Relationship: ________________), as my Agent (Attorney-in-Fact) to act on my behalf as set forth in this Durable Power of Attorney. This appointment shall survive my disability or incapacity.
POWERS GRANTED:
I grant my Agent the following powers to act on my behalf, which shall continue in effect notwithstanding my subsequent disability or incapacity:
I grant my Agent the following powers to act on my behalf, which shall continue in effect notwithstanding my subsequent disability or incapacity:
LIMITATIONS AND CONDITIONS:
Effective Date:
Duration: This Durable Power of Attorney shall remain in effect
Effective Date:
Duration: This Durable Power of Attorney shall remain in effect
INCAPACITY PROVISIONS:
1. The Agent's authority under this Durable Power of Attorney shall continue without interruption.
2. Incapacity shall be determined as follows: ________________
3. No person or institution shall require a court determination of incapacity before honoring this Durable Power of Attorney.
4. A written determination of incapacity by the designated physician(s) shall be sufficient evidence of incapacity for any third party to rely upon this document.
1. The Agent's authority under this Durable Power of Attorney shall continue without interruption.
2. Incapacity shall be determined as follows: ________________
3. No person or institution shall require a court determination of incapacity before honoring this Durable Power of Attorney.
4. A written determination of incapacity by the designated physician(s) shall be sufficient evidence of incapacity for any third party to rely upon this document.
AGENT COMPENSATION:
The Agent shall be entitled to reimbursement for all reasonable expenses incurred in connection with the performance of duties under this Durable Power of Attorney.
The Agent shall be entitled to reimbursement for all reasonable expenses incurred in connection with the performance of duties under this Durable Power of Attorney.
REVOCATION:
The Principal may revoke this Durable Power of Attorney at any time while competent by providing written notice to the Agent. Upon the Principal's incapacity, this Durable Power of Attorney may only be revoked or modified by a court of competent jurisdiction.
The Principal may revoke this Durable Power of Attorney at any time while competent by providing written notice to the Agent. Upon the Principal's incapacity, this Durable Power of Attorney may only be revoked or modified by a court of competent jurisdiction.
THIRD-PARTY RELIANCE:
Any third party who receives a copy of this Durable Power of Attorney may rely upon it and act in accordance with its terms. No third party shall incur liability for relying in good faith on a copy of this document, including after the Principal's incapacity, unless the third party has actual knowledge that the Power of Attorney has been revoked or that the Principal is deceased.
Any third party that unreasonably refuses to honor this Durable Power of Attorney may be liable for damages, including attorney's fees and costs, as provided by applicable state law.
Any third party who receives a copy of this Durable Power of Attorney may rely upon it and act in accordance with its terms. No third party shall incur liability for relying in good faith on a copy of this document, including after the Principal's incapacity, unless the third party has actual knowledge that the Power of Attorney has been revoked or that the Principal is deceased.
Any third party that unreasonably refuses to honor this Durable Power of Attorney may be liable for damages, including attorney's fees and costs, as provided by applicable state law.
GOVERNING LAW:
This Durable Power of Attorney shall be governed by and construed in accordance with the laws of the State of ________________.
Executed pursuant to: applicable state law
This Durable Power of Attorney shall be governed by and construed in accordance with the laws of the State of ________________.
Executed pursuant to: applicable state law
PRINCIPAL SIGNATURE:
________________, Principal
I, ________________, have read, or have had read to me, this Durable Power of Attorney. I understand its contents and I sign it voluntarily and of my own free will.
________________, Principal
I, ________________, have read, or have had read to me, this Durable Power of Attorney. I understand its contents and I sign it voluntarily and of my own free will.
WITNESSES:
We declare that the Principal signed this Durable Power of Attorney in our presence, and that we believe the Principal to be of sound mind.
Witness 1:
We declare that the Principal signed this Durable Power of Attorney in our presence, and that we believe the Principal to be of sound mind.
Witness 1:
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Durable Power of Attorney