Durable Financial Power of Attorney Form
Durable Financial Power of Attorney Form
Durable Financial Power of Attorney Form
On the [DATE] day of [MONTH] 20[YEAR] I, [NAME] the principal, of [CITY] State of
[STATE] hereby designate [AGENT] of [CITY] State of [STATE] my attorney-in-fact
(hereinafter my “attorney-in-fact”), to act as initialed below, in my name, in my stead and
for my benefit, hereby revoking any and all financial powers of attorney I may have
executed in the past.
EFFECTIVE DATE
(Choose the applicable paragraph by placing your initials in the preceding space)
[INITIALS] - A. I grant my attorney-in-fact the powers set forth herein immediately upon
the execution of this document. These powers shall not be affected by any subsequent
disability or incapacity I may experience in the future.
or
[INITIALS] - B. I grant my attorney-in-fact the powers set forth herein only when it has
been determined in writing, by my attending physician, that I am unable to properly
handle my financial affairs.
POWERS OF ATTORNEY-IN-FACT
(Choose the applicable power(s) by placing your initials in the preceding space)
[INITIALS] BANKING - To receive and deposit funds in any financial institution, and to
withdraw funds by check or otherwise to pay for goods, services, and any other
personal and business expenses for my benefit. If necessary to effect my attorney-in-
fact’s powers, my attorney-in-fact is authorized to execute any document required to be
signed by such banking institution.
[INITIALS] SAFE DEPOSIT BOX - To have access at any time or times to any safe-
deposit box rented by me or to which I may have access, wheresoever located,
including drilling, if necessary, and to remove all or any part of the contents thereof, and
to surrender or relinquish said safe-deposit box; and any institution in which any such
safe-deposit box may be located shall not incur any liability to me or my estate as a
result of permitting my attorney-in-fact to exercise this power.
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[INITIALS] LENDING OR BORROWING - To make loans in my name; to borrow money
in my name, individually or jointly with others; to give promissory notes or other
obligations therefor; and to deposit or mortgage as collateral or for security for the
payment thereof any or all of my securities, real estate, personal property, or other
property of whatever nature and wherever situated, held by me personally or in trust for
my benefit.
[INITIALS] RETIREMENT PLAN - To contribute to, select payment option of, roll-over,
and receive benefits of any retirement plan or IRA I may own, except my attorney-in-fact
shall not have power to change the beneficiary of any of my retirement plans or IRAs.
[INITIALS] TAXES - To complete and sign any local, state and federal tax returns on my
behalf, pay any taxes and assessments due and receive credits and refunds owed to
me and to sign any tax agency documents necessary to effectuate these powers.
[INITIALS] INSURANCE - To purchase, pay premiums and make claims on life, health,
automobile and homeowners' insurance on my behalf, except my attorney-in-fact shall
not have the power to cash in or change the beneficiary of any life insurance policy.
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[INITIALS] GIFTS - To make gifts, grants, or other transfers (including the forgiveness
of indebtedness and the completion of any charitable pledges I may have made) without
consideration, either outright or in trust to such person(s) (including my attorney-in-fact
hereunder) or organizations as my attorney-in-fact shall select, including, without
limitation, the following actions: (a) transfer by gift in advancement of a bequest or
devise to beneficiaries under my will or in the absence of a will to my spouse and
descendants in whatever degree; and (b) release of any life interest, or waiver,
renunciation, disclaimer, or declination of any gift to me by will, deed, or trust
[INITIALS] LEGAL ADVICE AND PROCEEDINGS - To obtain and pay for legal advice,
to initiate or defend legal and administrative proceedings on my behalf, including actions
against third parties who refuse, without cause, to honor this instrument.
SPECIAL INSTRUCTIONS: On the following lines are any special instructions limiting
or extending the powers I give to my attorney-in-fact (Write “None” if no additional
instructions are given): [INSTRUCTIONS]
STATE LAW: This Power of Attorney is governed by the laws of the State of [STATE]
PHOTOCOPIES: Photocopies of this document can be relied upon as though they were
originals.
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__________________________________
Principal’s Signature
We, the witnesses, each do hereby declare in the presence of the principal that the
principal signed and executed this instrument in the presence of each of us, that the
principal signed it willingly, that each of us hereby signs this Power of Attorney as
witness at the request of the principal and in the principal’s presence, and that, to the
best of our knowledge, the principal is eighteen years of age or over, of sound mind,
and under no constraint or undue influence.
________________________________________
Witness’s Signature
[ADDRESS]
Address
_________________________________________
Witness’s Signature
[ADDRESS]
Address
STATE OF [STATE]
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______________________________
Attorney-in-Fact’s Signature
STATE OF [STATE]
w
____________________
Notary Public
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