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Free Power of Attorney
NOTE: This free power of attorney form may be copied, printed or re-typed free of charge. Be advised, this free power of attorney may not comply with the laws of your state. Purchase and instantly download an editable word processor copy of this power of attorney at the bottom of this page. Purchased legal forms instantly downloaded at checkout.
This basic free form may not provide the range of powers appropriate to your situation. For a thoroughly comprehensive document, see our attorney ready general power of attorney form. In addition to the powers addressed in the form below, our attorney ready document would address: cash, retirement plans, employee benefit plans, safe deposit boxes, borrowing, revocable trust agreements, life insurance policies and annuities.
Some institutions, including the government, may not honor a power of attorney that does not specifically empower the agent to conduct the activity. The following is an excerpt from NUPP Legal's attorney ready durable general power of attorney form.
**** Begin Sample From NUPP Legal's comprehensive General Power of Attorney form. ****4. REAL PROPERTY: With respect to real property, including, but not limited to, my personal residence and any real property I may hereafter acquire or receive, my Agent is empowered:
a. To sell and to buy real property;
b. To subdivide, develop, dedicate to public use without consideration, or dedicate easements over;
c. To maintain, protect, repair, preserve, insure, build upon, demolish, alter or improve all or any part thereof;
d. To lease, sublease and release;
e. To eject and remove tenants or other persons from, and recover possession of, by any lawful means;
f. To collect, sue for, receive and receipt for rents and profits and to conserve, invest or utilize any such rents, profits and receipts for the purposes described herein;
g. To do any act of management and conservation;
h. To accept real property as a gift or as security for a loan;
i. To pay, compromise, or contest tax assessments and to apply for refunds in connection therewith;
j. To employ laborers;
k. To obtain or vacate plats and adjust boundaries;
l. To adjust differences in valuation on exchange or partition by giving or receiving consideration;
m. To release or partially release real property from a lien;
n. To mortgage or convey by deed of trust, or otherwise encumber, any real property now or hereafter owned by me, whether acquired by me or for me by my Agent.
**** End Sample ****
Compare with #4, Real Property, in the free form below.
Click here to review our comprehensive, 8 page general power of attorney.
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GENERAL POWER OF ATTORNEY - DURABLE
(CAUTION: THIS IS AN IMPORTANT DOCUMENT. IT GIVES THE PERSON WHOM YOU DESIGNATE (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY DURING YOUR LIFETIME, WHICH MAY INCLUDE POWERS TO MORTGAGE, SELL, OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY YOU. IF YOU CHOOSE, THESE POWERS WILL CONTINUE TO EXIST EVEN AFTER YOU BECOME DISABLED OR INCOMPETENT. THESE POWERS MAY BE EXPLAINED MORE FULLY IN APPLICABLE STATE LAWS, WHICH MAY EXPRESSLY PERMIT THE USE OF ANY OTHER OR DIFFERENT FORM OF POWER OF ATTORNEY.
THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL OR OTHER HEALTH CARE DECISIONS. YOU MAY EXECUTE A HEALTH CARE PROXY OR HEALTH CARE POWER OF ATTORNEY TO DO THIS.
IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU.)
This is intended to constitute a DURABLE POWER OF ATTORNEY pursuant to applicable state laws:
I, __________________ (name), of _________________________ (address, including zip code), __________________ (county), State of ________________, hereby appoint ________________________ (name), to serve as my agent (“Agent”) and to exercise the powers set forth below. If said agent is unable or unwilling to act as my agent, then I appoint the following as my successor agent(s) in the order named:
First Successor Agent: __________________________ (name);
Second Successor Agent: ________________________ (name);
This instrument shall be effective:
[ ] Immediately upon the date of execution, and shall not be affected by my subsequent disability, incapacity or incompetence except as provided by statute.
[ ] Upon my disability, incapacity or incompetence except as provided by statute.
[ ] Immediately upon the date of execution, and shall terminate upon my disability, incapacity or incompetence.
I hereby revoke all powers of attorney, general or limited, previously granted by me, except for:
a. Powers granted by me on forms provided by financial institutions granting the right to deposit funds to, withdraw funds from or write checks on accounts to which I am a signatory or granting access to a safe deposit box, and
b. Powers granted by me for health care decisions.
ARTICLE I
My Agent, in my Agent’s sole and absolute discretion, is authorized, at any time, with respect to any of my property, real (including homestead property or any other interest), personal, intangible and mixed, as follows:
1. SALE OF PROPERTY: My Agent is empowered to sell, upon such terms, conditions and security as my Agent shall deem appropriate, any property that I own at this time or may own in the future.
2. PURCHASE OF PROPERTY: My Agent is empowered to buy every kind of property, upon such terms and conditions as my Agent shall deem appropriate.
3. INVESTMENTS: My Agent is empowered to invest and reinvest all or any part of my property.
4. REAL PROPERTY: My Agent is empowered to sell and to buy real property.
5. PERSONAL PROPERTY: My Agent is empowered to sell and to buy the same or other personal property.
6. CORPORATE SECURITIES: My Agent is empowered to sell, grant security interests in, and to buy the same or different securities.
7. BANK ACCOUNTS: My Agent is empowered to establish for me and my benefit, accounts of all kinds, including checking and savings, with financial institutions of any kind, including, but not limited to, banks and thrift institutions.
8. SAFE-DEPOSIT BOXES: With respect to safe-deposit boxes, my Agent is empowered to contract with any institution for the maintenance of a safe-deposit box in my name.
9. TRUSTS IN GENERAL: My agent is empowered to withdraw or receive the income or corpus of any trust over which I may have a right of withdrawal or receipt.
10. LEGAL ACTIONS AND PROCEEDINGS: With regards to legal proceedings, my Agent is empowered to institute, supervise, prosecute, defend, compromise, arbitrate, intervene in, abandon, settle, appeal or dismiss any and all legal, equitable, judicial or administrative hearings, actions, suits, proceedings, attachments, arrests or distresses, involving me in any way, including, but not limited to claims by or against me arising out of property damages or personal injuries suffered by or caused by me or under such circumstances that the loss resulting therefrom will or may be imposed on me.
11. INCOME TAXES: Regarding my taxes, personal and business, and matters thereof, my Agent is empowered as follows:a. To represent me in all tax matters;
b. To pay taxes due, collect tax refunds due and make such disposition of said refunds as my Agent shall deem appropriate.
ARTICLE II
1. In connection with the exercise of the powers herein described, my Agent is fully authorized and empowered to perform any acts and things and to execute and deliver any documents, instruments, and papers necessary, appropriate, incident or convenient to such exercise, including pursuing any legal or judicial remedies to which I would otherwise be entitled to pursue.
2. No person, organization, corporation or entity, who relies in good faith upon the authority of my Agent under this instrument, shall incur liability to me, my estate, my heirs or assigns, as a result of such reliance.
3. If any part, of any provision, of this instrument shall be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provision or the remaining provisions of this instrument.
4. In regard to medical decisions affecting me, I intend for this instrument to be honored in any jurisdiction where it may be presented and given the most liberal interpretation available for purposes of granting my Agent the fullest amount of discretion in making decisions on my behalf. Should any physician or health care institution fail to honor this instrument, my Agent is authorized to terminate the services of such persons and institutions and to transfer my care to another physician or health care institution that will honor the instructions of my Agent.
5. If this instrument has been executed in multiple originals, each such counterpart original shall have equal force and effect. Any photocopy of this instrument shall have the same force and effect as an original.
6. The headings of particular provisions, paragraphs or subparagraphs of this instrument are inserted only for convenience and are not to act as a limitation on the scope of the particular provision, paragraph or subparagraph to which the heading refers.
7. This instrument and the actions taken by my Agent properly authorized hereunder shall be binding upon my heirs, successors, assigns, and personal representatives.
8. The powers granted to my Agent may not be delegated.
IN WITNESS WHEREOF, I have executed this Durable Power Of Attorney this _______ day of _____________________, ___________.
Principal: _______________________
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The following files are word processor, editable files of the above form. For a more comprehensive document, see our 8 page, comprehensive Durable General Power of Attorney.
