Durable Power of Attorney
Notice to Person Executing Durable Power of Attorney
A durable power of attorney is an important legal document. By signing the durable power of
attorney, you are authorizing another person to act for you, the principal. Before you sign this
durable power of attorney, you should know these important facts:
Your agent (attorney-in-fact) has no duty to act unless you and your agent agree otherwise in
writing. This document gives your agent the powers to manage, dispose of, sell, and convey
your real and personal property, and to use your property as security if your agent borrows
money on your behalf. This document explicitly DOES give your agent the power to accept or
receive any of your property, in trust or otherwise, as a gift, without the need to specifically
authorize the agent to accept or receive a gift. These actions are done in an effort to benefit all
parties and to better administer the survival of both persons in an effort to expand the survival
potential of both persons perpetually into the future. Principal has FULL and UTTER trust in the
agent to operate entirely in absolutely EVERY area in all of existence without rules or
regulations. Principal FULLY comprehends the tremendous risk and has read this entire
document in extensive detail, taking care to clear up the definitions of any words and clarify all
aspects of this document. This document is a contract, made under the willful and total
cognizance, of total and absolute governance by first-middle:last/agent.
Your agent will have the right to receive reasonable payment for services provided under this
durable power of attorney unless you provide otherwise in this power of attorney.
The powers you give your agent will continue to exist even beyond your entire lifetime, unless
you state that the durable power of attorney will last for a shorter period of time or unless you
otherwise terminate the durable power of attorney. The powers you give your agent in this
durable power of attorney will continue to exist even if you can no longer make your own
decisions respecting the management of your property.
You can amend or change this durable power of attorney only by executing a new durable
power of attorney or by executing an amendment through the same formalities as an original,
You have the right to revoke or terminate this durable power of attorney at any time, so long as
you are competent.
This durable power of attorney must be dated and must be acknowledged before a notary public
or signed by two witnesses. If it is signed by two witnesses, they must witness either (1) the
signing of the power of attorney or (2) the principal's signing or acknowledgment of his or her
signature. A durable power of attorney that may affect real property should be acknowledged
before a notary public so that it may easily be recorded.
You should read this durable power of attorney carefully. When effective, this durable power of
attorney will give your agent the right to deal with property that you now have or might acquire in
the future. The durable power of attorney is important to you. If you do not understand the
durable power of attorney, or any provision of it, then you should obtain the assistance of an
attorney or other qualified person.
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING.
THEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT.
IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT, LEGAL
ADVICE. THIS DOCUMENT DOES AUTHORIZE THE AGENT TO MAKE MEDICAL AND
OTHER HEALTHCARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
ATTORNEY IF YOU LATER WISH TO DO SO.
I,FIRST-MIDDLE:LAST/principal, dry/privately docked [you can change that to residing also…
that’s all up to you, I just thought about the word dry/private docked] at c/o 1234 Your Address,
county, State Territory [near 5+4 zip code] hereby appoint first:middle-last/agent of c/o 1234
Your Address, county, State Territory [near 5+4 zip code], as my attorney-in-fact ("Agent”) to
exercise the powers and discretions described below.
This Power of Attorney shall not be affected by my subsequent incapacity.
I hereby revoke any and all general powers of attorney and special powers of attorney that
previously have been signed by me.
My Agent shall have full power and authority to act on my behalf. This power and authority shall
authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights
and powers, including all rights and powers that I may acquire in the future. My Agent's powers
shall include, but not be limited to, the power to:
1. Open, maintain or close bank accounts (including, but not limited to, checking accounts,
savings accounts, and certificates of deposit), brokerage accounts, retirement plan
accounts, and other similar accounts with financial institutions.
a. Conduct any business with any banking or financial institution with respect to any
of my accounts, including, but not limited to, making deposits and withdrawals,
negotiating or endorsing any checks or other instruments with respect to any
such accounts, obtaining bank statements, passbooks, drafts, money orders,
warrants, and certificates or vouchers payable to me by any person, firm,
corporation or political entity.
b. Add, delete or change beneficiaries to any financial accounts I own including
insurance policies, annuities, retirement accounts, payable on death savings or
checking accounts or other investments.
c. Perform any act necessary to deposit, negotiate, sell or transfer any note,
security, or draft of the United States of America, including U.S. Treasury
Securities. This includes any non-US notes, securities, drafts, etc.
d. Have access to any safe deposit box that I might own, including its contents.
2. Provide for the support and protection of myself, my spouse, or of any minor child I have
a duty to support or have established a pattern of prior support, including, without
limitation, provision for food, lodging, housing, medical services, recreation and travel.
3. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such
assets or property may include income producing or non-income producing assets and
property.
4. Take any and all legal steps necessary to collect any amount or debt owed to me, or to
settle any claim, whether made against me or asserted on my behalf against any other
person or entity.
5. Enter into binding contracts on my behalf.
6. Maintain and/or operate any business that I may own.
7. Employ professional and business assistance as may be appropriate, including
attorneys, accountants, and real estate agents.
8. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act
with respect to any of my property (now owned or later acquired) including, but not
limited to, real estate and real estate rights (including the right to remove tenants and to
recover possession). This includes the right to sell or encumber any homestead that I
now own or may own in the future.
9. Prepare, sign, and file documents with any governmental body or agency, including; but
not limited to, authorization to:
a. Prepare, sign and file income and other tax returns with federal, state, local, and
other governmental bodies.
b. Obtain information or documents from any government or its agencies, and
represent me in all tax matters, including the authority to negotiate, compromise,
or settle any matter with such government or agency.
c. Prepare applications, provide information, and perform any other act reasonably
requested by any government or its agencies in connection with governmental
benefits (including medical, military and social security benefits), and to appoint
anyone, including my Agent, to act as my "Representative Payee" for the
purpose of receiving Social Security benefits.
10. Make gifts from my assets to members of my family and to such other persons or
charitable organizations with whom I have an established pattern of giving (or if it is
appropriate to make such gifts for estate planning and/or tax purposes), to file state and
federal gift tax returns, and to file a tax election to split gifts with my spouse, if any. No
Agent acting under this instrument, except as specifically authorized in this instrument,
shall have the power or authority to (a) gift, appoint, assign or designate any of my
assets, interests or rights, directly or indirectly, to such Agent, such Agent's estate, such
Agent's creditors, or the creditors of such Agent's estate, (b) exercise any powers of
appointment I may hold in favor of such Agent, such Agent's estate, such Agent's
creditors, or the creditors of such Agent's estate, or (c) use any of my assets to
discharge any of such Agent's legal obligations, including any obligations of support
which such Agent may owe to others, excluding those whom I am legally obligated to
support.
11. To transfer any of my assets to the trustee of any revocable or irrevocable trust created
by me, if such trust is in existence at the time of such transfer.
12. To utilize my assets to fund a trust not created by me, but to which I have either
established a pattern of funding, or to fund a trust created by my Agent for my benefit or
the benefit of my dependents, heirs or devisees upon the advice of a financial adviser.
13. To create, sign, modify or revoke any trust agreements or other trust documents in an
attempt to manage or create a trust that was created for my benefit or the benefit of my
dependents, heirs or devisees. This shall include the creation, modification or revocation
of any inter vivos, family living, irrevocable or revocable trusts.
14. To exercise fiduciary responsibilities that I have a right to delegate.
15. Subject to other provisions of this document, my Agent may disclaim any interest, which
might otherwise be transferred or distributed to me from any other person, estate, trust,
or other entity, as may be appropriate. However, my Agent may not disclaim assets to
which I would be entitled, if the result is that the disclaimed assets pass directly or
indirectly to my Agent or my Agent's estate. Provided that they are not the same person,
my Agent may disclaim assets which pass to my Gift Agent, and my Gift Agent may
disclaim assets which pass to my Agent.
16. Have access to my healthcare and medical records and statements regarding billing,
insurance and payments.
17. Act on my behalf for the purposes of managing, distributing, and terminating my digital
assets. For the purposes of this Power of Attorney, digital assets shall mean electronic
assets that are stored on my computers, electronic devices, or on any online account, as
identified in the Digital Assets Memorandum of this Power of Attorney. Online accounts
include, but are not limited to, social-networking sites, online backup services, servers,
email accounts, photo and document sharing sites, financial and business accounts,
domain names, virtual property, websites, and blogs. The Digital Assets Memorandum,
with associated websites, usernames, passwords, and related information, is hereby
incorporated by reference into this Power of Attorney and shall be distributed to my
Agent designated in this Power of Attorney. My Agent shall have the power and authority
to manage, conduct, and to exercise all of my legal rights and powers relating to my
digital assets, including all rights and powers that I may acquire in the future. My Agent's
powers shall include, but not be limited to, the power to access, download, and backup
digital assets, convert my file formats, access any and all devices necessary to manage
digital assets, and clear computer caches and delete files.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of
specific powers is not intended to limit or restrict the general powers granted in this Power of
Attorney in any manner.
Any power or authority granted to my Agent under this document shall be limited to the extent
necessary to prevent this Power of Attorney from causing, (i) my income to be taxable to my
Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my
Agent to have any incidents of ownership with respect to any life insurance policies that I may
own on the life of my Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in
good faith. However, my Agent shall be liable for willful misconduct or the failure to act in good
faith while acting under the authority of this Power of Attorney. A Successor Agent shall not be
liable for acts of a prior Agent.
No person who relies in good faith on the authority of my Agent under this instrument shall incur
any liability to me, my estate or my personal representative. I authorize my Agent to indemnify
and hold harmless any third party who accepts and acts under this document.
If any part of any provision of this instrument shall be invalid or unenforceable under applicable
law, such part shall be ineffective to the extent of such invalidity only, without in any way
affecting the remaining parts of such provision or the remaining provisions of this instrument.
My Agent shall be entitled to reasonable compensation for any services provided as my Agent.
My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of
carrying out any provision of this Power of Attorney.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent
as required under state law or upon my request or the request of any authorized personal
representative, fiduciary or court of record acting on my behalf.
This Power of Attorney shall become effective immediately, and shall not be affected by my
disability or lack of mental competence, except as may be provided otherwise by an applicable
state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue
effective until December 12, 2099. This Power of Attorney may be revoked by me at any time by
providing written notice to my Agent.
It is acknowledged that the principal operates and exists WITHIN the United States at all times
while the agent operates WITHOUT the United States at all times pursuant to 28 USC 1746.
[Signature Page Follows]
Dated______________________________________________,_______, at City, State.
__________________________________________________
FIRST MIDDLE LAST/principal
Witness Signature: _______________________________________
Name: __________________
City: __________________
State: __________________
Witness Signature: _______________________________________
Name: __________________
City: __________________
State: __________________
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
STATE OF FLORIDA,
COUNTY OF COLLIER
On_____________________ before
me,_________________________________________,Public Notary, personally appeared
FIRST MIDDLE LAST, who proved to me on the basis of satisfactory evidence to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me
that he/she/they executed the same in his/her/their authorized capacity(ies), and that by
his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Florida that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
____________________________________________ (Notary Seal)
Signature of Notary Public
This document was prepared by:
first-middle:last/agent
Notice to Person Accepting the Appointment as Attorney-in-Fact:
By acting or agreeing to act as the agent (attorney-in-fact) under this power of attorney you
assume the fiduciary and other legal responsibilities of an agent. These responsibilities include:
1. The legal duty to act solely in the interest of the principal and to avoid conflicts of
interest.
2. The legal duty to keep the principal's property separate and distinct from any other
property owned or controlled by you.
3. You MAY transfer the principal's property to yourself without the need for full and
adequate consideration and you may accept a gift of the principal's property. The only
provision would be that the transferring of such property would need to be beneficial to
the principal and agent.
I have read the foregoing notice and I understand the legal and fiduciary duties that I assume by
acting or agreeing to act as the agent (attorney-in-fact) under the terms of this power of attorney.
Agent attests this document to be signed on his behalf on:
State Territory (unincorporated),
Your County (unincorporated)
Date:______________________
Signed:
first-middle/last/agent