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Please fill in the necessary details to generate a Power of Attorney. After submitting the information, you will receive the documents for your review. The completed document will be sent in PDF format with the information you provided. This is the example of the form below.
On the ___ day of __________________, 20____ I, __________________, theprincipal, of __________________, State of __________________, hereby designate__________________, of __________________, State of __________________, myattorney-in-fact (hereinafter my “attorney-in-fact”), to act as initialed below, in my name,in my stead and for my benefit, hereby revoking any and all financial powers of attorneyI may have executed in the past.
Please provide the details for the position/title of the person you appoint as your Attorney-In-Fact.
POWERS OF ATTORNEY-IN-FACT
My attorney-in-fact shall exercise powers in my best interests and for my welfare as afiduciary.
My attorney-in-fact shall have the following powers:
(Choose the applicable power(s) by checking the appropriate boxes in the preceding space)
Please leave it blank or unchecked if you do not want to grant a specific fiduciary power.
AUTHORITY OF ATTORNEY-IN-FACT:
Any party dealing with my attorney-in-facthereunder may rely absolutely on the authority granted herein and need not look to theapplication of any proceeds nor the authority of my attorney-in-fact as to any actiontaken hereunder. In this regard, no person who may, in good faith, act in reliance uponthe representations of my attorney-in-fact or the authority granted hereunder shall incurany liability to me or my estate as a result of such act. I hereby ratify and confirmwhatever my attorney-in-fact shall lawfully do under this instrument. My attorney-in-factis authorized as he or she deems necessary to bring an action in court so that thisinstrument shall be given the full power and effect that I intend on by executing it.
LIABILITY OF ATTORNEY-IN-FACT: My attorney-in-fact shall not incur any liability tome under this power except for a breach of fiduciary duty.
REIMBURSEMENT OF ATTORNEY-IN-FACT: My attorney-in-fact is entitled toreimbursement for reasonable expenses incurred in exercising powers hereunder, andto reasonable compensation for services provided as attorney-in-fact.
AMENDMENT AND REVOCATION: I can amend or revoke this power of attorneythrough writing delivered to my attorney-in-fact. Any amendment or revocation isineffective as to a third party until such third party has notice of such revocation oramendment.
Having witnesses for a durable power of attorney is important in Florida for several reasons:
The witnesses for a durable power of attorney in Florida cannot be any family members or anyone with financial interests to the principal because:
Please provide the details for the position/title of the person you appoint as your Designation Of Health Care Advocate.
If I am unable to make health care, custody, and medical treatment decisions, my health care agent or advocate will have the power to make these decisions on my behalf. This power will be granted only if my attending and/or primary physician determines that I am unable to make these decisions. I have specific directives regarding the delivery of medical care in certain health care conditions. Therefore, I wish to direct my medical treatment by way of the following conditions.
If I am unable to make decisions due to an incurable injury, disease, or illness that is determined to be a terminal condition, I declare that my health care agent or advocate will have the power to make decisions on my behalf. This power will be granted only if my attending and/or primary physician determines that I am unable to make these decisions. I have specific directives regarding the delivery of medical care in certain health care conditions. Therefore, I wish to direct my medical treatment by way of the following conditions.
With regards to the aforementioned medical situations outlined above, I herein provide the following directives pertaining to the comfort care and pain relief.
ADVOCATE'S OBLIGATIONMy appointed advocate or agent shall make health care decisions on my behalf in accordance with my other wishes known to my advocate and/or agent. To the extent that my wishes are not known to my advocate or agent, my advocate or agent shall make the necessary health care decisions for me in accordance to what my advocate deems to be in my best interest. In determining those best interests, my advocate shall take into consideration my personal values to the extent known to the advocate.
END OF LIFE DECISIONSI direct my health care advocate, health care provider and others who may be involved in my health care, to withhold or withdraw treatment in accordance with the choice I have indicated below
ARTICLE 2
Executor
3.1 Executor. I name as my executor the first of the following who is to act :
(a) my spouse, ---------, presently residing in ; and then,
(b) my son,/daughter presently residing in :
(c) my son/daughter presently residing in :
3.2 Waiver of Surety. No security, surety, or bond shall be required of my executor. If permitted by law and, if not inconsistent with the best interests of the beneficiaries as determined by my executor, the administration of my estate shall be independent of the supervision of any court.
3.3 Powers of Executor. I give my executor power, without authorization of any court:
(a) Retention. To retain any property regardless of diversification and regardless of whether the property would be considered a proper estate investment; to continue or to permit the continuation of any business, incorporated or unincorporated, which I may own or in which I may have any interest at the time of my death for such period as my executor shall determine;
(b) Sale. To sell at public or private sale, contract to sell, grant options to buy, convey, transfer, exchange, or partition any real or personal property of my estate for such price and on such terms as my executor sees fit;
(c) Real and Tangible Personal Property. To make leases and subleases and grant options to lease, although the terms thereof commence in the future; to purchase, operate, maintain, improve, rehabilitate, alter, demolish, abandon, release, or dedicate any real or tangible personal property; and to develop or subdivide real property, grant easements, and take any other action with respect to real or tangible personal property that an individual owner thereof could take;
(d) Borrowing. To borrow money from any lender (including my executor individually), extend or renew any existing indebtedness, and mortgage or pledge any property;
(e) Investing. To invest in bonds, common or preferred stocks (including securities of any corporate fiduciary or of any affiliated corporation), notes, options, common trust funds, mutual funds, shares of any investment company or trust, or other securities, partnership interests, general or limited, joint ventures, real estate, or other property of any kind, regardless of diversification and regardless of whether the property would be considered a proper estate investment;
(f) Distribution; Determination of Value. To distribute my estate in cash or in kind, or partly in each; to allocate or distribute undivided interests or different property or disproportionate interests to the beneficiaries, and to determine the value of any property so allocated or distributed; but no adjustment shall be made to compensate for a disproportionate allocation of unrealized gain for income tax purposes and no action taken by my executor pursuant to this subparagraph shall be subject to question by any beneficiary;
(g) Rights as to Securities. To have all the rights, powers, and privileges of an owner of securities, including, but not limited to, the powers to vote, give proxies, and pay assessments; to participate in voting trusts, pooling agreements, foreclosures, reorganizations, consolidations, mergers, and liquidations and, incident to such participation, to exercise or sell stock subscription or conversion rights;
(h) Conservation of Assets. To take any action that an individual owner of an asset could take to conserve or realize the value of the asset and with respect to any foreclosure, reorganization, or other change with respect to the asset;
(i) Delegation. To employ agents, attorneys, and proxies of all types (including any firm in which a relative of mine or his or her spouse is a partner, associate, or employee or is otherwise affiliated) and to delegate to them any powers my executor considers advisable;
(j) Principal and Income. To determine in cases not covered by statute the allocation of receipts and disbursements between income and principal; to establish out-of-income and credit to principal reasonable reserves for depreciation, depletion, and obsolescence; to amortize out of income any premium paid for interest-bearing obligations;
(k ) Compromising Claims. To litigate, compromise, settle, or abandon any claim or demand in favor of or against my estate;
(l) Nominee Arrangements. To hold any asset in the name of a nominee, in bearer form or otherwise, without disclosure of any fiduciary relationship;
(m) Liability Insurance. To purchase liability and casualty insurance of any kind for the protection of the estate, including comprehensive liability insurance;
(n) Environmental Matters. To inspect and monitor businesses and real property (whether held directly or through a partnership, corporation, trust, or other entity) for environmental conditions or possible violations of environmental laws; to remediate environmentally damaged property or to take steps to prevent environmental damage in the future, even if no action by public or private parties is currently pending or threatened; to abandon or refuse to accept property that may have environmental damage; and to expend estate funds to do the foregoing; and no action or failure to act by my executor pursuant to this subparagraph shall be subject to question by any beneficiary;
(o) Disclaimers. To disclaim any property or interest on my behalf without court approval;
(p) Instruments. To execute and deliver necessary instruments and give full receipts and discharges;
(q) Ancillary Executor. To appoint any ancillary executor with the powers, and subject to the direction, of my executor; and,
(r) Powers of Trustee. To exercise any power now or hereafter conferred by the statutes of Florida on the trustee of a trust having its situs in Florida.
3.4 Payment of Expenses and Taxes. The executor shall pay out of the residue of my estate (a) expenses of my last illness, funeral, and burial; (b) the expenses of administering my estate wherever incurred, including the costs of safeguarding and delivering tangible personal property; (c) death taxes; and (d) debts enforceable against my estate, other than debts secured by life insurance or by an interest in a land trust or cooperative or by real property. I do not waive any rights my executor has under Sections 2206, 2207, 2207A, and 2207B of the Internal Revenue Code of 1986, as amended, or any similar statutes of any state (or any corresponding provision of subsequent tax law), and I authorize my executor to take such actions as are necessary to obtain reimbursement under those statutes, including withholding distributions. I waive all other rights to reimbursement and apportionment.
3.5 Death Taxes. “Death taxes” includes all estate, transfer, inheritance, and other succession taxes (including penalties and interest) imposed by reason of my death, including any estate tax under Section 4980A(d) of the Internal Revenue Code of 1986, as amended, or any similar statutes of any state (or any corresponding provision of subsequent tax law). Death taxes shall not include generation-skipping transfer tax imposed on any generation-skipping transfer other than direct skip transfers made at my death of which I am the transferor. All generation-skipping transfer taxes on direct skip transfers of which I am the transferor occurring at my death as a result of a disclaimer shall be paid from the assets or amount so disclaimed that resulted in the direct skip transfer.
3.6 Elections by Executor. My executor (a) shall make the elections under tax laws; (b) shall make elections regarding the mode of distribution of the proceeds of any employee benefit plan, individual retirement plan, or insurance contract; (c) shall make allocations of any available GST exemption; (d) shall consent to a gift being taxed as if made one-half by my Spouse and one-half by me, if applicable at the time of my death; and (e) shall join in the execution and filing of any joint income tax return, if applicable at the time of my death, as my executor deems advisable. No adjustment shall be made between the principal and income or in the relative interests of the beneficiaries to compensate for any such election or allocation. My executor shall elect to treat any fraction or all of any trust as qualified terminable interest property for federal estate tax purposes to the extent my executor deems advisable.
3.7 Exoneration of Executor. Any individual executor acting in good faith shall not be liable for any act or omission. No executor shall be liable for any act or omission of another executor.
Any property, assets or other distributions from my estate intended for a beneficiary under 18 years of age at the time of distribution is to be made, shall not be paid or distributed outright to such beneficiary, but rather shall be held in trust by my Trustee, _____________. If this Trustee cannot or will not serve as Trustee, _________ shall be named as Trustee. If neither of these Trustees or willing or able to carry out the duties of Trustee, the Trustee’s duties will be carried out by my Executor in the capacity of a Trustee, upon the following terms and conditions. The Trustee shall hold, manage, invest and reinvest the property of such beneficiary in a separate trust and shall distribute to or for the benefit of the beneficiary so much or all of the net income or principal thereof as the Trustee, in the Trustee's sole discretion, shall deem necessary to provide for such beneficiary's health, education, maintenance and support, taking into consideration any other resources available to such beneficiary. Any net income not so paid shall be accumulated and added to principal at least annually and thereafter shall be held, administered and disposed of as a part thereof. When such beneficiary reaches _________ years of age, the Trustee shall distribute _________ of the assets then held in trust to such beneficiary; and if and when such beneficiary reaches _________ years of age, the Trust shall automatically terminate and the Trustee shall distribute all remaining principal and income to such beneficiary. Notwithstanding any provisions herein to the contrary, my Trustee may determine it is in the best interests of the beneficiary to terminate the trust prior to such beneficiary reaching _________ years of age and distribute all trust assets directly to such beneficiary or into a custodial account established for such beneficiary, and my Trustee shall have no liability therefore. If such beneficiary dies prior to receiving all of the assets in his/her trust, the principal and income in such beneficiary's trust shall be paid and distributed to such beneficiary's living Descendants, if any; and if none, then to my living Descendants, provided, however, that if any such Descendant is a beneficiary of another trust under this Will, such property otherwise distributable to such beneficiary shall be held in accordance with such trust. If I have no living Descendants, such property shall be distributed to the beneficiaries of my residuary estate as provided in this Will, or if there are none, to the persons who would be entitled thereto under the laws of descent and distribution of the State of ________________ if I had died intestate at that time owning such property in fee simple.
AVOIDANCE OF CONSERVATORSHIP
If any property of my estate vests in absolute ownership in a minor or incompetent, my Executor, at any time and without court authorization, may: 1. distribute the whole or any part of such property to the beneficiary; 2. hold such property in trust and use the whole or any part for the health, education, maintenance and support of the beneficiary; 3. distribute the whole or any part to a guardian, conservator, committee or other legal representative of the beneficiary;4. distribute the whole or part to a custodian for the beneficiary under any gifts or transfers to minors act; or5. distribute the whole or part to the person or persons with whom the beneficiary resides. Evidence of any such distribution or the receipt therefor executed by the person to whom the distribution is made shall be a full discharge of my Executor from any liability with respect thereto, even though my Executor may be such person. If such beneficiary dies before receiving all of the assets held in conservancy, the principal and income in such beneficiary's trust shall be paid and distributed to such beneficiary's living Descendants, if any; and if none, then to my living Descendants. If I have no living Descendants, such property shall be distributed to the beneficiaries of my residuary estate, as provided in this Will, or if there none, to the persons who would be entitled thereto under the laws of descent and distribution of the State of ________________as if I had died intestate at that time owning such property in fee simple.
ARTICLE 3
Gifts
On my death, the executor shall distribute the following gifts from my estate:
2.1 Tangible Personal Property. The executor shall make gifts of tangible personal property as I direct by any written instrument signed by me. “Tangible personal property” means all personal and household effects, jewelry, automobiles, collections, and other tangible personal property that I own at my death or that is then included as part of the estate (including insurance thereon but excluding business use property, precious metals, and unset gems). I may from time to time amend or revoke the written instrument, and any subsequent instrument shall control to the extent it conflicts with prior ones. Any decisions made in good faith by the executor in distributing tangible personal property shall not be subject to review, and the executor shall be held harmless from any cost or liability as to those decisions. I shall be deemed to have left only those written instruments that the executor is able to find after reasonable inquiry within sixty (60) days after my death.
2.2 Gifts of Remaining Tangible Personal Property. After taking into account any specific gifts of tangible personal property provided for in Article 2, if any, I give all tangible personal property not otherwise effectively disposed of in shares to my spouse ----- if he/she survives me, otherwise in equal shares to my Family, per stirpes.
2.3 Gifts of Balance of Estate. I give and devise all the rest, residue, and remainder of my estate, both real and personal, regardless of location, to which I shall be in any way entitled at the time of my death or property over which I may have the power to dispose (excluding all property subject to power of appointment by me) (my “Residuary Estate”) to my spouse, if he/she survives me, otherwise to my Family, per stirpes.
2.4 Survivorship. Only persons living on the thirtieth (30th) day after the day of my death shall be deemed to have survived me for purposes of this Article.
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ARTICLE 4
Construction
4.1 Captions and Context of Terms. Captions shall have no impact or meaning as to the terms of the document. Singular and plural and masculine, feminine, and neuter shall be interchangeable as required or permitted in the context of this instrument.
4.2 Governing Law. The validity and effect of this instrument, as well as its construction, interpretation, and administration, shall be determined in accordance with the internal substantive laws of the State of Florida, without regard to its conflict of law principles.
4.3 Spouse. The “spouse” of any person, including me, means the individual legally married to, and not legally separated from, or engaged in a divorce proceeding with, that person on the date of the distribution then in question or on the date of the prior death of that person.
ARTICLE 5
Incontestability
If any beneficiary under this Will in any manner, directly or indirectly, contests or attacks the validity of this Will, or any disposition under this Will, by filing suit against my estate, the beneficiaries of this instrument with respect to their respective shares, or otherwise, then any share or interest given to that contesting beneficiary under the provisions of this Will, is hereby revoked and shall be disposed of in the same manner as if that contesting beneficiary and all descendants of that beneficiary had predeceased me. However, any beneficiary under this Will may make inquiries to the then-acting executor regarding the dispositive provisions under this Will without incurring the risk of losing his or her share or interest under this document. Additionally, a beneficiary may also be informed by the then-acting executor of the presence
of this Article regarding Incontestability at the time of being informed of the dispositive provisions of this Will.
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