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APOAWIFE.TXT
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*** APOAWIFE.TXT
*******************************
*** C A U T I O N ***
*******************************
Do Not Use These Documents Without Consulting
An Estate Planning Attorney.
The purpose of this software product is to assist you in the
preparation of sample estate planning documents. You must have these
documents reviewed and approved by an Estate Planning Attorney to
ensure that the documents meet your particular needs, as well as to
ensure that the documents conform to requirements of state and federal
laws.
JIAN and the authors of the software do not represent or guarantee
that these documents are appropriate for your needs, satisfy any
provision of state or federal law or will have any particular state or
federal tax effect.
----------------------------------------------------------------------
REMEMBER
to change the complete insertion code (***Q1***, ***Q2***, etc.)
and not just the "Q1" or "Q2".
This document references the following insertion codes:
Q2, Q4, Q5, Q6, Q7, Q8, W15, W16
**********************************************************************
Wife's Asset Durable Power Of Attorney
This document authorizes you to name an agent to act for you in any
way you can act for yourself. Your agent basically steps into your
shoes. It is used primarily to allow a trusted spouse or relative to
manage assets not held in the trust if you are unable for some reason
to do so. This power coupled with the Durable Power of Attorney for
Health Care would, under normal circumstances, eliminate the need for
a court-supervised conservatorship, because your agents would be
empowered to handle your daily business and financial affairs and
health care needs. This document has no expiration date and remains
valid until your death or until you revoke it, whichever comes first.
This Document Must Be Reviewed By An Estate Planning Attorney
Before You Sign It.
**********************************************************************
________________________________________________
DURABLE POWER OF ATTORNEY
________________________________________________
WARNING TO PERSON EXECUTING THIS DOCUMENT
THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF
ATTORNEY. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE
IMPORTANT FACTS:
THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THIS DOCUMENT MAY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY
IN FACT WITH BROAD POWERS TO MANAGE, DISPOSE, SELL AND CONVEY YOUR
REAL AND PERSONAL PROPERTY AND TO BORROW MONEY USING YOUR PROPERTY
AS SECURITY FOR THE LOAN.
THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU
LIMIT THEIR DURATION IN THIS DOCUMENT. THESE POWERS WILL CONTINUE
TO EXIST NOTWITHSTANDING YOUR SUBSEQUENT DISABILITY OR INCAPACITY.
YOU HAVE THE RIGHT TO REVOKE OR TERMINATE THIS POWER OF ATTORNEY.
IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL
ADVICE.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER
HEALTH-CARE DECISIONS FOR YOU.
1. DESIGNATION OF AGENT. I, ***Q2***, of ***Q4*** County, ***Q5***,
do hereby appoint ***W15*** as my attorney in fact (agent), to act for
me in any lawful way with respect to the below initialed subjects. If
***W15*** is unable or unwilling for any reason to act, then I appoint
***W16*** as my attorney in fact (agent).
2. STATEMENT OF AUTHORITY GRANTED.
[TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF
(N) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE
OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE
LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER,
DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS
OUT EACH POWER WITHHELD.]
___ (A) Real property transactions.
___ (B) Tangible personal property transactions.
___ (C) Stock and bond transactions.
___ (D) Commodity and option transactions.
___ (E) Banking and other financial institution transactions.
___ (F) Business operating transactions.
___ (G) Insurance and annuity transactions.
___ (H) Estate, trust, and other beneficiary transactions.
___ (I) Claims and litigation.
___ (J) Personal and family maintenance.
___ (K) Benefits from Social Security, Medicare, Medicaid, or other
governmental programs, or civil or military service.
___ (L) Retirement plan transactions.
___ (M) Tax matters. The agent is authorized to prepare and file
all income and other federal and state tax returns which the principal
is required to file; to sign the principal's name; hire preparers and
advisors and pay for their services; and to do whatever is necessary
to protect the principal's assets from assessments for income taxes
and other taxes for the years 1980 to 2035. The agent is specifically
authorized to receive confidential information; to receive checks in
payment of any refund of taxes, penalties, or interest; to execute
waivers (including offers of waivers) of restrictions on assessment
or collection of tax deficiencies and waivers of notice of
disallowance of claims for credit or refund; to execute consents
extending the statutory period for assessment or collection of taxes;
to execute closing agreements under Internal Revenue Code section 7121
or any successor statute; and to delegate authority or substitute
another representative concerning all above matters.
___ (N) ALL OF THE POWERS LISTED ABOVE.
[YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N).]
SPECIAL INSTRUCTIONS:
[ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING
OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.]
___ If my agent is my spouse, my agent shall have the power to act
for me to amend any trust which I would have the power, as trustor,
to amend.
ADDITIONAL INSTRUCTIONS:
_________________________________________________________________
_________________________________________________________________
[UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS
EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED. STRIKE
THE FOLLOWING SENTENCE IF YOU DO NOT WANT THIS POWER OF ATTORNEY TO
CONTINUE IF YOU BECOME INCAPACITATED.]
3. POWER OF ATTORNEY TO BE DURABLE. This power of attorney will
continue to be effective even though I become incapacitated.
4. JOINT AGENTS. If I have designated more than one agent, the
agents are to act (JOINTLY or SEVERALLY) _______________.
[IF YOU APPOINTED MORE THAN ONE AGENT AND YOU WANT EACH AGENT TO BE
ABLE TO ACT ALONE WITHOUT THE OTHER AGENT, WRITE THE WORD "SEVERALLY"
IN THE BLANK SPACE. IF YOU DO NOT INSERT ANY WORD IN THE BLANK
SPACE OR IF YOU INSERT THE WORD "JOINTLY" THEN ALL OF YOUR AGENTS
MUST ACT OR SIGN TOGETHER.]
5. INDEMNIFICATION OF THIRD PARTY. I agree that any third party who
receives a copy of this document may act under it. Revocation of the
power of attorney is not effective as to a third party until the
third party has actual knowledge of the revocation. I agree to
indemnify the third party for any claims that arise against the third
party because of reliance on this power of attorney.
6. NOMINATION OF CONSERVATOR OF THE ESTATE. If a conservator
of the estate is to be appointed for me, I nominate the
following person to serve as conservator of the estate:
***W15***. If ***W15*** is unable or unwilling for any reason to act,
I nominate ***W16***.
DATE AND SIGNATURE OF PRINCIPAL
I sign my name to this Durable Power of Attorney on
__________________, 19___, at ***Q8***, ***Q5***.
______________________________
***Q2***
BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE
FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
STATEMENT OF WITNESSES
I declare under penalty of perjury under the laws of ***Q5*** that
the person who signed or acknowledged this document is personally
known to me (or proved to me on the basis of convincing evidence) to
be the principal, that the principal signed or acknowledged this power
of attorney in my presence, and that the principal appears to be of
sound mind and under no duress, fraud, or undue influence.
______________________________
Signature
______________________________
Print Name
Date:_________________________
Residence Address:
______________________________
______________________________
______________________________
Signature
______________________________
Print Name
Date:_________________________
Residence Address:
______________________________
______________________________
STATE OF ***Q7*** )
: ss.
COUNTY OF ***Q6*** )
On the _________ day of ________________, 19___, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared ***Q2***, known to me (or proved to me on the
basis of satisfactory evidence) to be the person whose name is
subscribed to the within instrument, and acknowledged to me that
he/she executed the same.
WITNESS my hand and official seal.
______________________________
NOTARY PUBLIC