Fillable Printable General Durable Power of Attorney - Texas

General Durable Power of Attorney - Texas

TEXAS 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 ST ATUTORY 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 subj ects:

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 transaction s. To lease, sell, mortgage, purchase, exchang e, and acq uire, and

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

take, receive, and possess an y interest in real property whatsoever, on such terms and cond itions, 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, subj ect to liens, mortgages, and security deeds,

and in any way or manner deal with all or any part of any interest in real pr operty whatsoever, inclu ding

specifically, but without limitation, real property lying and b eing situated in t he State of Texas, under such

terms and conditions, and under such covenants, as my Agent shall deem proper and may for all deferred

payments accept purchase money n otes payable to me and secured b y m ortgages or deeds to secure debt,

and may from time to time collect and ca ncel any of said notes, mortgages, security interests, or deeds to

secure debt.

_______ (B) Tangibl e personal property transactio ns. To lease, sell, mortgage, purchase, e xchange,

and acquire, and to agree, bargai n, and contract for the lease, sale, purchase, exchang e, and acq uisition of,

and to accept, take, receive, and possess any person al property whatsoev er, tangible or intangible, or

interest thereto , on such terms and conditions, and un der s uch cove nants, as my Agent shall deem proper;

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

to take any other security interests in said property which are recognize d u nder the Uniform Commercial

Code as adopted at that time under the laws of the State of Texas or any applicable state, or otherwise

hypothecate (pledge), and in an y way or manner deal with all or a ny part of any real or personal property

whatsoever, tangible or intan gibl e, or any interest therein, that I own at the time of execution or may

thereafter acquire, under such terms and conditions, and un der such covenants, as m y Agent shall de em

proper.

_______ (C) Stock and bond transactions. To purchase, sell, exchange, surrender, assig n, rede em, vote

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

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

belongin g to me.

_______ (D) C ommodity and option transactions. T o buy, sell, e xc hange, assign, conve y, settle and

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

regulated options exchange and col lect and receipt for all proceeds of any such transacti ons; establish or

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

powers with respect to commodities and options which the principa l could if present an d under no disab ility.

_______ (E) B anking and o ther fin an cial institution transactions. T o make, receive, sign, en dorse,

execute, acknowledge, d eliver and poss ess checks, drafts, bills of exchange, letters of credit, notes, stock

certificates, withdrawal receipts and depos it instruments relating to accounts or deposits i n, 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 accou nt, bill of exchang e, 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 pro missory notes, security deeds or agreements, financing statements, or other

security instruments in such f orm as the len der may request and renew said notes and security instrum ents

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 transacti ons. T o conduct, engag e in, and other wise transact the affairs

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

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

manufacturing, service, mining, retailing or other t ype of business operation in any form, wheth er as a

proprietorship, joint venture, partnersh ip, 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 enga ge, compensate and discharge business managers, employees, agents,

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

interests and operati ons which the principal could if prese nt and un der 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, disa bility, liability, or other type of insurance or

any combinati on of insurance; and to procure new or additio nal contracts of insurance for me and to

designat e the beneficiary of same; provi ded, however, that my Agent cannot designate h imself 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 an y legacy, bequest, devise, gift or

other propert y interest or pa yment due or payable to or for the principal; assert an y interest in and exercise

any po wer 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 leg al

representative of the estate of the princi pal; and, in gener al, exercise all powers with respect to estates and

trusts which the principa l could exercis e if present an d under no dis ability; 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 req uire 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 give n.

_______ (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 ther eof, or touching any matter in

which I or my propert y, real or personal, may be in any way concer ned. To defend, settle, adj ust, make

allowances, compound, submit to arbitration, and compromise all accounts, reckonin gs, claims, and

demands whatsoever that now are, or here after 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 d eem proper.

_______ (J) Personal and family maintenance. T o hire accountants, attorne ys at law, consultants, clerks,

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

their place, and to pa y and allo w the persons so employed such salaries, wages, or other remunerations, as

my Agent shall deem pro per.

_______ (K) B en efits fro m Social Security, Medicare, Medicaid, or other governmental programs, or

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

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

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

take title to and hold all b enefits under an y Social Security, unemployment, military service or other state,

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

Security, unemployment, milit ary service, and governmental benefits, includin g but not limited to Medicare

and Medicaid, which the principal could exer cise if present and under no disabi lity.

_______ (L) Retirement pl an transactions. T o contribute to, withdraw from and deposit funds in any type

of retirement plan (which term includes, without limitation, any tax qualifie d or nonqualifie d pension, profit

sharing, stock bonus, empl oyee savings and other retirement plan, individual retirement account, deferr ed

compensation plan and any o ther type of employee benefit pla n); select an d chan ge payment options for the

principal un der any retirement plan; make rollover contributions from an y 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 a ll 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,

unemploym ent insurance, and informational returns required b y the laws of the United States, or of any state

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

instruments which the Age nt shall th ink to be desirable or necessary for safeguarding of m e aga inst excess

or illegal taxati on or against penalties imposed for claimed violation of an y law or other governmental

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

assessments for which I am or may be liable.

_______ (N) ALL OF T HE POW E RS LISTED ABOVE. YOU NEED NOT INITIAL ANY OTHER LINES IF

YOU INITIAL LINE (N).

SPECI AL INSTRUCTIONS:

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INST RUCTIONS 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 NECES SARY 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 T HE

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 b y written instrument to delegate any or all of the

foregoing powers involving di scretionary decision-maki ng to any person or persons whom my Agent may

select, but such delegation may be amend ed or revoked by an y agent (including any successor) named b y

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.)

Successo r Ag ent . If any Agent named by me shall die, become incompetent, resign or refuse to accept the

office of Agent, I name the foll owing (each to act alone an d successively, in the order n ame d) as

successor(s) to such Agent:

____________________ ______________ ______________ _______________ _______ __

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

TEXAS WITHOUT REGARD FOR CONFLICTS OF LAWS PRINCIPLES. IT WAS EXECUTED IN THE

STATE OF TEXAS 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 thir d party learns of the revocation. I agree to in demnify

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]

CERTIFICATE OF ACKNOWLE DGMENT OF NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF ______________ __

This document was acknowledged before me on _______________ [Date] by

__________________________ ______________________ [name of principal].

[Notary Seal, if any]:

_______________________________

(Signature of Notarial Officer)

Notary Public for the State of Texas

My commissi on expires: ___________________

ACKNOWLEDGMENT OF AGENT

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY

AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

________________________________________________

[Type d or Printed Name of Ag ent]

________________________________________________

[Signature of Agent]

PREPARATION STATEMENT

This document was prepared b y the following individual:

________________________________________________

[Type d or Printed Nam e]

________________________________________________