Your Durable Power
of Attorney is an important document which can
grant very broad powers to your Agent although you can
still add limitations if you wish. The choice of your
Agent is most important - make sure you name someone
you trust implicitly. Unlike an executor of a Will who
will handle your estate after your death, a durable
power of attorney empowers someone you trust to
make decisions on your behalf even when you become
incapacitated. Those powers automatically expire upon
your death.
(Identity number) ______________________________ residing at
(Address) ____________________________________
____________________________________
as substitute Agent.
1. I hereby revoke any and all previous powers of attorney signed by me except for my Power of Attorney for Health Care which shall remain in force.
2. This document shall be construed and interpreted as a general durable power of attorney and my Agent shall have full authority to act on my behalf in relation to all my property and affairs.
OR
2. This document shall be construed and interpreted as a durable power of attorney and my Agent shall have full authority to act on my behalf in relation to my property and affairs, save for the following conditions and restrictions:
2.1. _____________________
2.2. _____________________
3. I furthermore grant my Agent the authority to:
3.1. Make gifts within gift tax limits except to himself.
3.2. Execute, amend or revoke any trust agreement.
3.3. Exercise the right to make a disclaimer on my behalf.
4. I indemnify and hold harmless my Agent from any loss that results from an error made in good faith save for willful misconduct or the willful failure to act in good faith.
5. I indemnify any third party from any claims which may arise against the third party because of reliance on this power of attorney.
6. My Agent shall provide accurate records on a monthly basis of all transactions completed on my behalf and shall provide accounting records on a six-monthly basis.
6.1. If I am unable to review the records and accounting, they must be submitted to:
(Identity number) ______________________________ residing at
(Address) ____________________________________
____________________________________
7. My Agent shall be entitled to compensation for his services at a rate as set out by law and for reimbursement of all reasonable expenses in his duties as my Agent.
8. This is a Durable Power of Attorney. Even if I should become disabled or incompetent, it shall remain effective until my death. This Power of Attorney may be revoked by me at any time by providing written notice to my Agent and interested third parties.
Executed this ______ day of __________________20 ____