FINANCIAL DURABLE GENERAL POWER OF ATTORNEY
This power of attorney allow the person conveying [giving] the power, the PRINCIPAL to give specific powers regarding finances to their AGENT [the person receiving the powers].
This power may be effective immediately or only effective when certain conditions arise as to the principal. For example, it may effective only when the principal becomes incapacitated and two doctors certify the principal needs assistance with financial affairs. The principal determines the conditions of use he or she wishes to have established and any such condition should be written into this power of attorney.
The PRINCIPAL may grant to the AGENT full power and authority, as though the AGENT were the absolute owner of the PRINCIPAL’S assets and liabilities, to perform those acts for the PRINCIPAL in the name of the name, place and stead as expressly provided in the power of attorney. Power is granted for the AGENT to conduct financial matters for the PRINCIPAL as if the PRINCIAPAL was performing or is performing such matters and is physical present and not disabled or incapacitated or in any manner incompetent.
The document will set forth each and every power the PRINCIPAL wishes to give to the AGENT and such powers will be shown as initialed by the PRINCIPAL when the document is signed. The document should indicate that the placement of initials following the description of each selected power set forth in the document below, and that the PRINCIPAL acknowledges that [s/he] has reviewed and expressly approved of the delegation of each selected power to the AGENT.
Examples of powers that may be given by the PRINCIPAL to the AGENT, but are not limited to the following subjects only as listed and the PRINCIPAL needs to be certain to create a narrative concerning each power with specificity.
Power to Buy and Sell with a full explanation of what is included as to this power.
Power with Respect to Bank Accounts and specifically what is authorized.
Power with Respect to Safe Deposit Boxes.
Power to Demand and Receive items such as money due and owing or payable to the PRINCIPAL. This could include handling social security benefits, pension proceeds, etc. The PRINCIPAL will list whatever he thinks he/she wants his/her AGENT to financially handle.
Brokerage Accounts. Should be listed with specificity.
Employ Consultants. Should be listed with specificity.
Power over Trust:Specific instructions should be narrated.
Power with Respect to Insurance. All granted powers should be narrated.
Power to Provide for Principal’s Support. An example may be to do all acts necessary for the PRINCIPAL’S customary standard of living. However, other important specific powers given by the PRINCIPAL should be narrated.
Power over income tax return. All powers granted should be narrated.
Power similar to Guardian and Conservatorship. With a narratie.
OTHER AREAS OR SUBJECT MATTER TO BE NARRATED IN THIS POWER SHOULD INCLUDE BUT IS NOT NECESSARILY LIMITED TO THE FOLLOWING EXAMPLES:
The power should indicate when the power will become effective with via date, the use of words such as immediately or describe an event that will make the power effective.
The power should narrate any limitations the PRINCIPAL desires to be placed upon the AGENT, if any.
The power should narrate when and if the power can be revoked whether the current power of attorney will revoke prior powers.
The power should discuss ratification for approval or failure of the AGENT to act.
The power should discuss and set for the whether the AGENT shall be liable for any acts or not liable under specific conditions.
The power should discuss protection of those who rely upon the power as used by the AGENT for the PRINCIPAL.
The power should discuss reliance of other on the AGENT’S exercise of the power.
The power should discuss whether or not a nomination of a guardian and/or conservator is elected and the particulars regarding same.
The power should set forth information about alternative AGENT’S if any, and when they will serve.
The power should set forth information about revocation.
Governing law should be narrated.
The power needs to be signed by the PRINCIPAL and dated and sworn to before a Notary Public.
The power needs to be witnessed.
The power needs an acceptance by the AGENT and it is preferable for the AGENT to endorse a sample of his or her signature.