lawyer

DURABLE POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS, that I, the undersigned, ________________________, over the age of eighteen years, of ______________ County, _____________________, do hereby name, designate, constitute, and appoint, _____________________________________, as my true and lawful attorney in fact for me, in my name, place and stead to do either, any or all of the following:

To open accounts in my name at any bank, financial institution, or brokerage firm; to conduct any and all ordinary business at any bank, financial institution, or brokerage firm in which I might have an account of any kind or nature; to write or draw checks upon any of my accounts; to endorse checks, promissory notes, drafts, and/or bills of exchange for collection or deposit; to purchase or sell securities; to waive or to demand notice of protest of all such writings; to settle and adjust my accounts with any bank, financial institution, or brokerage firm; to open and have access to any safe deposit box standing in my name at any bank or financial institution; and to do whatsoever might be necessary and proper to conduct my business affairs with relation to any banking, lending institution, financial institution, or brokerage firm.

To borrow such sums of money, and upon such terms, as may be advisable or expedient in relation to any business venture on my behalf or that might be necessary or proper for the conduct of my business affairs, upon the security of any of my property, either real, personal, or otherwise, and for such purposes to give and execute, deliver, and acknowledge mortgages with such powers and provisions as my attorney might deem proper, including such notes or bonds as it is necessary or proper to use therewith.

To collect, ask, demand, sue for, levy, recover, and receive all such sums of money, debts, rents, goods, wares, dues, accounts, and other demands whatsoever, which are or shall be due, owing, payable, and belonging to me by any person or persons, partnership association, company or corporation whatsoever, and in my name, to give effectual and sufficient receipts, acquittances, or discharges.

To adjust, settle, compromise, or submit to arbitration any accounts, debts, claims, demands, disputes, and matters which may hereafter arise between me and any other person or persons, or between my said attorney on my behalf and any other person or persons.

To execute, acknowledge, deliver and cause to be recorded any and all deeds or other writings which may be necessary or desirable for me to execute, including contracts of sale or deeds, conveying title to real estate owned by me or in which I have any interest, present or contingent; and to do, execute and perform all and every other act or acts, thing or things, needful and necessary to be done in and about any premises which I might own or have an interest in, as fully and amply to all intents and purposes as I might or could do if I were personally present and acting. In my name and as my act and deed, to sign, seal, acknowledge, and deliver all such leases and agreements as shall be requisite or proper in the management of my real estate.

I hereby ratify and confirm as good and effectual, at law or in equity, all that my attorney in fact, and any agents and attorneys in fact appointed by my attorney in fact, and their agents, associates, and substitutes, may do by virtue hereof. However, despite the above provisions, nothing herein shall be construed as imposing a duty on my attorney in fact to act or assume responsibility for any matters referred to above or other matters, even though my attorney in fact may have the power or authority hereunder to do so.

My attorney is obliged and instructed to retain all assets of the principal separate and singular and the creation of any multi-party accounts shall be created only by the direction of the principal.

This power of attorney shall remain in full force and effect and shall not be affected by my incompetence, incapacity, or disability, it being my intent that the power granted herein shall continue without interruption until my death, unless revoked by me, or until such time as I am adjudged incompetent or a disabled person by a court of competent jurisdiction. Any person dealing with my attorney in fact may rely without inquiry upon his/her certification that this power of attorney has not been revoked. Further, in the event that it becomes necessary that a guardian or conservator be appointed over my person or estate, I request that the designated attorney-in-fact be first considered to serve as such conservator or guardian.

No person relying upon this power of attorney shall be required to see to the application or  disposition of any monies, stocks, bonds, securities, or other property paid to or delivered to my attorney, or my attorney’s substitute, pursuant to the provisions hereof.

Reproductions of this executed original (with reproduced signatures and the certificate of acknowledgment) shall be deemed to be original counterparts of this power of attorney.

My attorney-in-fact shall have all the powers and duties as set forth in the __________________(your state) code, and such powers and duties are incorporated by reference as though set forth herein.

IN WITNESS WHEREOF, I have signed this power of attorney this ______ day of _____________, 20_____.