Fillable Printable General Durable Power of Attorney - Pennsylvania

General Durable Power of Attorney - Pennsylvania

PENNSYLVANIA GENERAL DURABLE POWER OF ATTORNEY

THE POWERS YOU GRANT BELOW ARE EFFECTIVE

EVEN IF YOU BECOME DISABLED OR INCOMPETENT

NOTICE

THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON YOU DESIGNATE (YOUR

"AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INCLUDE POWERS TO

SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE

NOTICE TO YOU OR APPROVAL BY YOU.

THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE

GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE

TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY.

YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN

AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE

POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF

TERMINATES YOUR AGENT'S AUTHORITY.

YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS.

A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT

ACTING PROPERLY.

THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE

FULLY IN 20 PA.C.S. CH. 56.

IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A

LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU.

I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS.

DATE:

____________________________

(SIGNATURE OF PRINCIPAL)

_____________________________

(PRINT NAME OF PRINCIPAL)

PENNSYLVANIA GENERAL DURABLE POWER OF ATTORNEY

THE POWERS YOU GRANT BELOW ARE EFFECTIVE

EVEN IF YOU BECOME DISABLED OR INCOMPETENT

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 NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR

YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.

I ____________________________________________________________________________

_____________________________________________ [insert your name and address] appoint

_____________________________________________ [insert the name and address of the person

appointed] as my Agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed

subjects:

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.

Note: If you initial Item A or Item B, which follow, a notarized signature will be required on behalf of

the Principal.

INITIAL

_______ (A) Real property transactions. To lease, sell, mortgage, purchase, exchange, and acquire, and

to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of, and to accept,

take, receive, and possess any interest in real property whatsoever, on such terms and conditions, and

under such covenants, as my Agent shall deem proper; and to maintain, repair, tear down, alter, rebuild,

improve manage, insure, move, rent, lease, sell, convey, subject to liens, mortgages, and security deeds,

and in any way or manner deal with all or any part of any interest in real property whatsoever, including

specifically, but without limitation, real property lying and being situated in the Commonwealth of

Pennsylvania, under such terms and conditions, and under such covenants, as my Agent shall deem proper

and may for all deferred payments accept purchase money notes payable to me and secured by mortgages

or deeds to secure debt, and may from time to time collect and cancel any of said notes, mortgages, security

interests, or deeds to secure debt.

_______ (B) Tangible personal property transactions. To lease, sell, mortgage, purchase, exchange,

and acquire, and to agree, bargain, and contract for the lease, sale, purchase, exchange, and acquisition of,

and to accept, take, receive, and possess any personal property whatsoever, tangible or intangible, or

interest thereto, on such terms and conditions, and under such covenants, as my Agent shall deem proper;

and to maintain, repair, improve, manage, insure, rent, lease, sell, convey, subject to liens or mortgages, or

to take any other security interests in said property which are recognized under the Uniform Commercial

Code as adopted at that time under the laws of the Commonwealth of Pennsylvania or any applicable state,

or otherwise hypothecate (pledge), and in any way or manner deal with all or any part of any real or personal

property whatsoever, tangible or intangible, or any interest therein, that I own at the time of execution or may

thereafter acquire, under such terms and conditions, and under such covenants, as my Agent shall deem

proper.

_______ (C) Stock and bond transactions. To purchase, sell, exchange, surrender, assign, redeem, vote

at any meeting, or otherwise transfer any and all shares of stock, bonds, or other securities in any business,

association, corporation, partnership, or other legal entity, whether private or public, now or hereafter

belonging to me.

_______ (D) Commodity and option transactions. To buy, sell, exchange, assign, convey, settle and

exercise commodities futures contracts and call and put options on stocks and stock indices traded on a

regulated options exchange and collect and receipt for all proceeds of any such transactions; establish or

continue option accounts for the principal with any securities or futures broker; and, in general, exercise all

powers with respect to commodities and options which the principal could if present and under no disability.

_______ (E) Banking and other financial institution transactions. To make, receive, sign, endorse,

execute, acknowledge, deliver and possess checks, drafts, bills of exchange, letters of credit, notes, stock

certificates, withdrawal receipts and deposit instruments relating to accounts or deposits in, or certificates of

deposit of banks, savings and loans, credit unions, or other institutions or associations. To pay all sums of

money, at any time or times, that may hereafter be owing by me upon any account, bill of exchange, check,

draft, purchase, contract, note, or trade acceptance made, executed, endorsed, accepted, and delivered by

me or for me in my name, by my Agent. To borrow from time to time such sums of money as my Agent may

deem proper and execute promissory notes, security deeds or agreements, financing statements, or other

security instruments in such form as the lender may request and renew said notes and security instruments

from time to time in whole or in part. To have free access at any time or times to any safe deposit box or

vault to which I might have access.

_______ (F) Business operating transactions. To conduct, engage in, and otherwise transact the affairs

of any and all lawful business ventures of whatever nature or kind that I may now or hereafter be involved in.

To organize or continue and conduct any business which term includes, without limitation, any farming,

manufacturing, service, mining, retailing or other type of business operation in any form, whether as a

proprietorship, joint venture, partnership, corporation, trust or other legal entity; operate, buy, sell, expand,

contract, terminate or liquidate any business; direct, control, supervise, manage or participate in the

operation of any business and engage, compensate and discharge business managers, employees, agents,

attorneys, accountants and consultants; and, in general, exercise all powers with respect to business

interests and operations which the principal could if present and under no disability.

_______ (G) Insurance and annuity transactions. To exercise or perform any act, power, duty, right, or

obligation, in regard to any contract of life, accident, health, disability, liability, or other type of insurance or

any combination of insurance; and to procure new or additional contracts of insurance for me and to

designate the beneficiary of same; provided, however, that my Agent cannot designate himself or herself as

beneficiary of any such insurance contracts.

_______ (H) Estate, trust, and other beneficiary transactions. To accept, receipt for, exercise, release,

reject, renounce, assign, disclaim, demand, sue for, claim and recover any legacy, bequest, devise, gift or

other property interest or payment due or payable to or for the principal; assert any interest in and exercise

any power over any trust, estate or property subject to fiduciary control; establish a revocable trust solely for

the benefit of the principal that terminates at the death of the principal and is then distributable to the legal

representative of the estate of the principal; and, in general, exercise all powers with respect to estates and

trusts which the principal could exercise if present and under no disability; provided, however, that the Agent

may not make or change a will and may not revoke or amend a trust revocable or amendable by the

principal or require the trustee of any trust for the benefit of the principal to pay income or principal to the

Agent unless specific authority to that end is given.

_______ (I) Claims and litigation. To commence, prosecute, discontinue, or defend all actions or other

legal proceedings touching my property, real or personal, or any part thereof, or touching any matter in

which I or my property, real or personal, may be in any way concerned. To defend, settle, adjust, make

allowances, compound, submit to arbitration, and compromise all accounts, reckonings, claims, and

demands whatsoever that now are, or hereafter shall be, pending between me and any person, firm,

corporation, or other legal entity, in such manner and in all respects as my Agent shall deem proper.

_______ (J) Personal and family maintenance. To hire accountants, attorneys at law, consultants, clerks,

physicians, nurses, agents, servants, workmen, and others and to remove them, and to appoint others in

their place, and to pay and allow the persons so employed such salaries, wages, or other remunerations, as

my Agent shall deem proper.

_______ (K) Benefits from Social Security, Medicare, Medicaid, or other governmental programs, or

military service. To prepare, sign and file any claim or application for Social Security, unemployment or

military service benefits; sue for, settle or abandon any claims to any benefit or assistance under any

federal, state, local or foreign statute or regulation; control, deposit to any account, collect, receipt for, and

take title to and hold all benefits under any Social Security, unemployment, military service or other state,

federal, local or foreign statute or regulation; and, in general, exercise all powers with respect to Social

Security, unemployment, military service, and governmental benefits, including but not limited to Medicare

and Medicaid, which the principal could exercise if present and under no disability.

_______ (L) Retirement plan transactions. To contribute to, withdraw from and deposit funds in any type

of retirement plan (which term includes, without limitation, any tax qualified or nonqualified pension, profit

sharing, stock bonus, employee savings and other retirement plan, individual retirement account, deferred

compensation plan and any other type of employee benefit plan); select and change payment options for the

principal under any retirement plan; make rollover contributions from any retirement plan to other retirement

plans or individual retirement accounts; exercise all investment powers available under any type of self-

directed retirement plan; and, in general, exercise all powers with respect to retirement plans and retirement

plan account balances which the principal could if present and under no disability.

_______ (M) Tax matters. To prepare, to make elections, to execute and to file all tax, social security,

unemployment insurance, and informational returns required by the laws of the United States, or of any state

or subdivision thereof, or of any foreign government; to prepare, to execute, and to file all other papers and

instruments which the Agent shall think to be desirable or necessary for safeguarding of me against excess

or illegal taxation or against penalties imposed for claimed violation of any law or other governmental

regulation; and to pay, to compromise, or to contest or to apply for refunds in connection with any taxes or

assessments for which I am or may be liable.

_______ (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.

________________________________________________________________

THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS

REVOKED.

THIS POWER OF ATTORNEY SHALL BE CONSTRUED AS A GENERAL DURABLE POWER OF

ATTORNEY AND SHALL CONTINUE TO BE EFFECTIVE EVEN IF I BECOME DISABLED,

INCAPACITATED, OR INCOMPETENT.

(YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS NECESSARY TO ENABLE

THE AGENT TO PROPERLY EXERCISE THE POWERS GRANTED IN THIS FORM, BUT YOUR AGENT

WILL HAVE TO MAKE ALL DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE

RIGHT TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO OTHERS, YOU SHOULD

KEEP THE NEXT SENTENCE, OTHERWISE IT SHOULD BE STRICKEN.)

Authority to Delegate. My Agent shall have the right by written instrument to delegate any or all of the

foregoing powers involving discretionary decision-making to any person or persons whom my Agent may

select, but such delegation may be amended or revoked by any agent (including any successor) named by

me who is acting under this power of attorney at the time of reference.

(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE EXPENSES

INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE OUT THE NEXT SENTENCE IF

YOU DO NOT WANT YOUR AGENT TO ALSO BE ENTITLED TO REASONABLE COMPENSATION FOR

SERVICES AS AGENT.)

Right to Compensation. My Agent shall be entitled to reasonable compensation for services rendered as

agent under this power of attorney.

(IF YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND ADDRESS(ES) OF SUCH

SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)

Successor Agent. If any Agent named by me shall die, become incompetent, resign or refuse to accept the

office of Agent, I name the following (each to act alone and successively, in the order named) as

successor(s) to such Agent:

________________________________________________________________________

Choice of Law. THIS POWER OF ATTORNEY WILL BE GOVERNED BY THE LAWS OF THE

COMMONWEALTH OF PENNSYLVANIA WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES.

IT WAS EXECUTED IN THE COMMONWEALTH OF PENNSYLVANIA AND IS INTENDED TO BE VALID IN

ALL JURISDICTIONS OF THE UNITED STATES OF AMERICA AND ALL FOREIGN NATIONS.

I am fully informed as to all the contents of this form and understand the full import of this grant of powers to

my Agent.

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 learns 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.

Signed this _______ day of _______________, 20____

______________________________

[Your Signature]

STATEMENT OF WITNESS

On the date written above, the principal declared to me in my presence that this instrument is his general

durable power of attorney and that he or she had willingly signed or directed another to sign for him or her,

and that he or she executed it as his or her free and voluntary act for the purposes therein expressed.

_______________________________________ [Signature of Witness #1]

_______________________________________ [Printed or typed name of Witness #1]

_______________________________________ [Address of Witness #1, Line 1]

_______________________________________ [Address of Witness #1, Line 2]

_______________________________________ [Signature of Witness #2]

_______________________________________ [Printed or typed name of Witness #2]

_______________________________________ [Address of Witness #2, Line 1]

_______________________________________ [Address of Witness #2, Line 2]

A Note About Selecting Witnesses: The agent (attorney-in-fact) may not also serve as a

witness. Each witness must be present at the time that principal signs the Power of Attorney in

front of the notary. Each witness must be a mentally competent adult. Witnesses should ideally

reside close by, so that they will be easily accessible in the event they are one day needed to

affirm this document's validity.

CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

COMMONWEALTH OF PENNSYLVANIA

COUNTY OF ________________

On this, the _____ day of _________________, 20____, before me

________________________________________, the undersigned officer, personally appeared

_____________________________________________________________________________,

known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the

within instrument, and acknowledged that __________________________________ executed

the same for the purposes therein contained.

In witness whereof, I hereunto set my hand and official seals.

[Notary Seal, if any]:

_______________________________

(Signature of Notarial Officer)

Notary Public for the Commonwealth of

Pennsylvania

My commission expires: ___________________

ACKNOWLEDGMENT EXECUTED BY AGENT

I, ________________________________________________ [name of agent], have read the attached

power of attorney and am the person identified as the agent for the principal. I hereby acknowledge that in

the absence of a specific provision to the contrary in the power of attorney or in 20 Pa.C.S. when I act as

agent:

I shall exercise the powers for the benefit of the principal.

I shall keep the assets of the principal separate from my assets.

I shall exercise reasonable caution and prudence.

I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal.

__________________________________

Agent's Signature

__________________________________

Agent's Printed Name

__________________________________

Date

PREPARATION STATEMENT

This document was prepared by the following individual:

________________________________________________

[Typed or Printed Name]

________________________________________________

[Signature]