Shinae and I have decided that it would be very pertinent for us to have Power of Attorneys on file if the need arose. We each have one for the other. (Feel free to copy and paste to format your own if you decide). Keep in mind that you will need a separate form for a MEDICAL POA if you so choose--which I drafted one for each of us as well, but they contain your SSN, so I didn't post it on a public site. With our up-coming bundle-of-joy we (the "royal we" of course--a.k.a. Josh) thought that it would be best if the hospital/midwife/family practitioner had a copy of our wishes on file. I am also in the process of drafting a Last Will and Testament. If you would like I can send you copies of all of these (you normally have to pay A LOT of money for an attorney to draw these papers up, but why pay them when I can take a few hours for each and do them for free!) I highly recommend that ALL of you who are married (in the most true, Christian sense) and wish to have the legal right to enact for your spouse (financially, medically, and postmortem) should have one of these; if you have kids, doubly so. Just remember that the law is blind, deaf, dumb, and now more liberal than EVER! Be protected. Be safe. Be prepared--If not for you, for your spouse. Love you all!
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:
[PRINCIPAL NAME HERE], hereinafter referred to as PRINCIPAL, in the County of Hennepin State of Minnesota, being of sound mind, does appoint [ATTORNEY-IN-FACT HERE] as his/her true and lawful attorney-in-fact.
Any and all general powers of attorney that previously have been signed by principal are hereby revoked. However, the preceding sentence shall not have the effect of revoking any powers of attorney that are directly related to principal’s health care that previously have been signed by principal.
In the principal's name, and for the principal's use and benefit, said attorney-in-fact is authorized hereby:
(1) Sell, exchange, buy, invest, or reinvest any assets or property owned, which may include income producing or non-income producing assets and property.
(2) Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, and other similar accounts with financial institutions.
(a) Conduct any business with any banking or financial institution with respect to any of principal’s accounts, including, but not limited to, making deposits and withdrawals, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to the principal by any person, firm, corporation or political entity.
(b) 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.
(c) Have access to any safe deposit box owned, including its contents.
(3) Take any and all legal steps necessary to collect any amount or debt owed, or to settle any claim, whether made against or asserted on behalf of principal against any other person or entity.
(4) Exercise all stock rights as proxy, including all rights with respect to stocks, bonds, debentures, or other investments.
(5) Maintain and/or operate any business owned by principal.
(6) Purchase and / or maintain insurance
(7) Enter into binding contracts on behalf of principal
(8) Employ professional and business assistance as may be appropriate
(9) Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act with respect to any of principal’s property currently owned or acquired later, 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 currently owned or may own in the future.
(10) Transfer any of principal’s assets to the trustee of any revocable trust created by principal, if such trust is in existence at the time of such transfer.
(11) 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 negotiate, compromise, or settle any matter with such government or agency (including tax matters).
(c) Prepare applications, provide information, and perform any other act reasonably requested by any government or its agencies in connection with governmental benefits (including military and social security benefits).
(12) Make gifts from assets to members of family and to such other persons or charitable organizations with whom principal has an established pattern of giving.
(13) Disclaim any interest that might otherwise be transferred or distributed to principal from any other person, estate, trust, or other entity, as may be appropriate.
Said attorney-in-fact shall not be liable for any loss that results from a judgment error that was made in good faith. However, said attorney shall be liable for willful misconduct or the failure to act in good faith while acting under the authority of this Power of Attorney.
Principal authorizes said attorney to indemnify and hold harmless any third party who accepts and acts under this document.
Giving and granting to said attorney full power and authority to do all and every act and thing whatsoever requisite and necessary to be done relative to any of the foregoing as fully to all intents and purposes as principal might or could do if personally present.
All that said attorney shall lawfully do or cause to be done under the authority of this power of attorney is expressly approved.
WITNESS' PRINTED FULL LEGAL NAME: ________________________
WITNESS' SIGNATURE: _____________________________________
WITNESS' PRINTED FULL LEGAL NAME: ________________________
In Witness Whereof I have hereunto signed my name this ______ day of _________________, _________.
__________________________________
[PRINCIPAL TO SIGN ABOVE]
COMMONWEALTH of MINNESOTA )
)SS:
COUNTY of HENNEPIN )
On this, this __ day of ____, 2009, before me a notary public, the undersigned officer, personally appeared [PRINCIPAL NAME HERE] known to me (or satisfactorily proven) to be the person whose name is subscribed to the within this instrument, and acknowledged that he/she executed the same for the purposes therein contained and that he/she executed the same freely and voluntarily for the uses and purposes therein expressed.
1 comment:
Thanks Josh! This is so helpful! We have been wanting to do this since Sophie was born. After we fill out the POA, do we need to give it to someone, or is it something we just keep on file? Same question for the will.
P.S. Will you be our notary?
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