Durable Power of Attorney Effective On Disability

Durable Power of Attorney
Effective on Disability
I, ____________, {Name] a [married / unmarried][man / woman] who resides at
[address, city, county, state], designate ____________ [Attorney-In-Fact’s Name] as
my attorney in fact (the agent) to act for me, if I should become disabled or legally
incapacitated. This document shall become effective upon the date of my disability
or legal incapacity and shall not otherwise be affected by my disability or legal
incapacity.
1. Authority to Act. This power of attorney is effective upon my disability or legal

incapacity. My agent is authorized to act as indicated below in my name, place and
stead in any way which I myself could do if I were personally present, to the full
extent that I am permitted by law to act through an agent.
2. Powers of Agent. The Agent shall have the full power and authority to manage
and conduct all of my affairs, and to exercise my legal rights and powers, including
those rights and powers that I may acquire in the future, including the following:
A. Collect and Manage. To collect, hold, maintain, improve, invest, lease, or

otherwise manage any or all of my real or personal property or any interest
therein;
B. Buy and Sell. To purchase, sell, mortgage, grant options, or otherwise deal in
any way in any real property or personal property, tangible or intangible, or any
interest therein, upon such terms as the Agent considers proper, including the
power to buy United States Treasury Bonds that may be redeemed at par to pay
federal estate tax and to sell or transfer Treasury securities;
C. Borrow. To borrow money, to execute promissory notes thereforfor borrowed
money, and to secure any obligation by mortgage or pledge.
D. Business and Banking. To conduct and participate in any kind of lawful
business of any nature or kind, including the right to sign partnership
agreements, continue, reorganize, merge, consolidate, recapitalize, close,
liquidate, sell, or dissolve any business and to vote stock, including the exercise
of any stock options and the carrying out of any buy sell agreement; to receive
and endorse checks and other negotiable paper, deposit and withdraw funds (by
check or withdrawal slips) that I now have on deposit or to which I may be
entitled in the future in or from any bank, savings and loan, or other institution;
E. Tax Returns and Reports. To prepare, sign, and file separate or joint income,
gift, and other tax returns and other governmental reports and documents; to
consent to any gift; to file any claim for tax refund; and to represent me in all
matters before the Internal Revenue Service;
F. Safe Deposit Boxes. To have access to any safety deposit box registered in my
name alone or jointly with others, and to remove any property or papers located
therein;
G. Proxy Rights. To act as my agent or proxy for any stocks, bonds, shares, or
other investments, rights, or interests I may now or hereafter hold;
H. Legal and Administrative Proceedings. To engage in any administrative or
legal proceedings or lawsuits in connection with any matter herein;
I. Transfers in Trust. To transfer any interest I may have in property, whether
real or personal, tangible or intangible, to the trustee of any trust that I have
created for my benefit;
J. Delegation of Authority. To engage and dismiss agents, counsel, and
employees, in connection with any matter, upon such terms as my agent
determines;
K. Other Matters.
3. Restrictions on Agent’s Powers. Regardless of the above statements, my

agent:
A. Cannot execute a will, a codicil, or any will substitute on my behalf;

B. Cannot change the beneficiary on any life insurance policy that I own;
C. Cannot make gifts on my behalf;
D. Cannot exercise any powers that would cause assets of mine to be considered
taxable to my agent or to my agent’s estate for purposes of any income, estate,
or inheritance tax; and
E. Cannot contravene any medical power of attorney I have executed whether prior
or subsequent to the execution of this Power of Attorney.
4. Durability. The Agent shall be under no duty to act on my behalf and shall incur
no liability to me or to my estate for failing to take any action under this power of
attorney before receiving written notice from two licensed physicians that, because
of either disability or incapacity, I am unable to attend to financial matters, in which
case the agent shall immediately begin to act for me.
5. Reliance by Third Parties. Third parties may rely upon the representations of
the Agent as to all matters regarding powers granted to the Agent. No person who
acts in reliance on the representations of the Agent or the authority granted under
this Power of Attorney shall incur any liability to me or to my estate for permitting
the Agent to exercise any power prior to actual knowledge that the Power of
Attorney has been revoked or terminated by operation of law or otherwise.
6. Indemnification of Agent. No agent named or substituted in this power shall

incur any liability to me for acting or refraining from acting under this power, except
for such agent’s own misconduct or negligence.
7. Original Counterparts. Photocopies of this signed Power of Attorney shall be

treated as original counterparts.
8. Revocation. I hereby revoke any previous Power of Attorney that I may have
given to deal with my property and affairs as set forth herein.
9. Compensation. The Agent shall be reimbursed for reasonable expenses incurred

while acting as Agent and may receive reasonable compensation for acting as Agent.
10. Substitute Agent. If [NAME] is, at any time, unable or unwilling to act, I then
appoint [NAME2], presently residing at [ADDRESS] as my Agent to serve with the
same powers.
11. Appointment of Guardian or Conservator. In the event that a court decides

that it is necessary to appoint a guardian or conservator for me, I hereby nominate
[Name], presently residing at [Address], to be considered by the court for
appointment to serve as my guardian or conservator, or in any similar
representative capacity.
12. Choice of Law. All questions concerning the validity and construction of this
Durable Power of Attorney shall be determined under the laws of [State Name].
Dated:
/s/ /s/
[NAME], [NAME], Witness
/s/
[NAME], Witness
Notarization
State of
County of
On [DATE], [NAME OF GRANTOR] appeared before me and proved to my satisfaction

that [he/she] is the person whose name is subscribed to this Durable Power of
Attorney, and acknowledged the due execution of the foregoing instrument.
/s/
[Notary’s Name]
Notary Public, State of [STATE], County of [County]
My commission expires [DATE].

Durable Power of Attorney Effective On Disability

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Durable Power of Attorney

1. Authority to Act. This power of attorney is effective upon my disability or legal

A. Collect and Manage. To collect, hold, maintain, improve, invest, lease, or

3. Restrictions on Agent’s Powers. Regardless of the above statements, my

A. Cannot execute a will, a codicil, or any will substitute on my behalf;

6. Indemnification of Agent. No agent named or substituted in this power shall

7. Original Counterparts. Photocopies of this signed Power of Attorney shall be

9. Compensation. The Agent shall be reimbursed for reasonable expenses incurred

11. Appointment of Guardian or Conservator. In the event that a court decides

[NAME], [NAME], Witness

On [DATE], [NAME OF GRANTOR] appeared before me and proved to my satisfaction

Notary Public, State of [STATE], County of [County]

My commission expires [DATE].

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