Download as doc, pdf, or txt
Download as doc, pdf, or txt
You are on page 1of 4

1GENERAL DURABLE POWER OF ATTORNEY I, ___________ of Marion County, Indiana, being at least eighteen (18) years of age and

mentally competent, do hereby designate and appoint ____________ of Marion County, Indiana, my true and lawful attorney-in-fact (hereinafter sometimes referred to as my "attorney-in-fact"). I. POWERS. The powers granted herein shall be considered limited so that my attorney-infact shall not have any power which would cause my attorney-in-fact to be treated as the owner of any interest in my property and which would cause that property to be taxed as owned by the attorney-in-fact, it being my intention not to grant any beneficial interests in my estate by this instrument. Incorporated herein by reference are certain powers granted under IND. CODE 30-5-5. My attorney-in-fact shall have the following powers to be used on my behalf: A. B. Real Property. Authority with respect to real property transactions pursuant to IND. CODE 30-5-5-2. Tangible Personal Property. Authority with respect to tangible personal property pursuant to IND. CODE 30-5-5-3.

C. Bonds, Commodities and Shares. Authority with respect to bonds, commodities and shares pursuant to IND. CODE 30-5-5-4. D. E. F. Banking. Authority with respect to banking transactions pursuant to IND. CODE 30-5-5-5. Business. Authority with respect to business operating transactions pursuant to IND. CODE 30-5-5-6. Insurance. Authority with respect to insurance transactions pursuant to IND. CODE 30-5-5-7. This authority shall include the right to change, directly or indirectly, the beneficiary of any policy insuring my life to any natural person. This authority shall include full power to apply for and otherwise deal with Medicare and Medicaid benefits. Beneficiary. Authority with respect to beneficiary transactions pursuant to IND. CODE 30-5-5-8.

G.

H. Gifts. Authority with respect to gift transactions pursuant to IND. CODE 30-5-5-9; provided, however, that this authority shall include the power to make, unconditionally or upon such terms and conditions as my attorney-in-fact shall think fit, such gifts to any one or more of my spouse and my descendants, in my attorney-in-fact's sole discretion and for any reason my attorney-in-fact

determines, even though said person may be acting as my attorney-in-fact hereunder. I. J. K. L. Fiduciary. Authority with respect to fiduciary transactions pursuant to IND. CODE 30-5-5-10. Claims and Litigation. Authority with respect to claims and litigation pursuant to IND. CODE 30-5-5-11. Family Maintenance. Authority with respect to family maintenance pursuant to IND. CODE 30-5-5-12. Records, Reports and Statements. Authority with respect to records, reports and statements pursuant to IND. CODE 30-5-5-14; including the authority to represent me and to act on my behalf in any and all matters relating taxation, whether by the Federal government, the government of any state or any local government unit; to prepare, sign and file any documents or forms that may be required in these matters; and to perform any other acts as my attorney-in-fact shall deem appropriate in these matters including but not limited to signing any tax return and receiving, cashing or endorsing any refund check to which I am entitled, including the power to execute on my behalf any specific power of attorney required by any taxing authority which is needed to allow my attorneys-in-fact to act on my behalf before that taxing authority on any return or issue. Estate Transactions. Authority with respect to estate transactions pursuant to IND. CODE 30-5-5-15. Special Authority with Respect to Revocable Trust. Authority to transfer any portion or all of my property to the then-acting trustee under any revocable trust established by me as grantor, with the transferred property to be added to the trust estate of such trust and to become subject to the terms and conditions thereof as such trust may have been heretofore or may hereafter be amended by me. Retirement Plan. Authority to 1contribute 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 me 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 I could exercise if present and under no disability; to designate one or more beneficiaries or contingent beneficiaries for any benefits payable under a retirement plan on account of my death, and to change any such prior designation of beneficiary made by me or by

M. N.

O.

my attorney-in-fact; provided, however, that my attorney-in-fact shall have no power to designate my attorney-in-fact directly or indirectly as a beneficiary or contingent beneficiary to receive a greater share or proportion of any such benefits than my attorney-in-fact would have otherwise received unless such change is consented to by all other beneficiaries who would have received the benefits but for the proposed change; provided, further, that this limitation shall not apply to any designation of my attorney-in-fact as a beneficiary in a fiduciary capacity, with no beneficial interest, or to any designation of my attorney-in-fact as a beneficiary if the initial attorney-in-fact designated on page 1 hereof is my attorney-in-fact. P. All Other Matters. Authority to act as my alter ego with respect to all possible matters and affairs affecting property owned by me that I can perform through an attorney-in-fact, pursuant to IND. CODE 30-5-5-19.

Q. Delegation of Powers. Authority to delegate in writing to one (1) or more persons any or all powers given to my attorney-in-fact pursuant to IND. CODE 30-5-5-18. II FEES. My attorney-in-fact shall be entitled to a fee for services provided and to reimbursement of all reasonable expenses advanced as my attorney-in-fact. III. LIABILITY AND INDEMNITY. My attorney-in-fact shall only be liable for actions undertaken in bad faith; provided, however, my attorney-in-fact shall be liable for the negligent exercise of the powers described herein if the exercise of such power involves self-dealing. I hereby ratify and confirm all that my attorney-in-fact shall do by virtue hereof. Further, I agree to indemnify and hold harmless any person who, in good faith, acts under this General Durable Power of Attorney or transacts business with my attorney-in-fact in reliance upon this Power, without actual knowledge of its revocation. REVOCATION. A. B. I hereby revoke all powers of attorney previously given by me I hereby reserve the right to revoke this General Durable Power of Attorney at any time by a writing executed in the presence of two witnesses. My attorney-in-fact shall have the power to revoke all powers of attorney previously executed by me.

IV.

C. My disability, incompetence or incapacity shall not revoke this General Durable Power of Attorney. V. VI. EFFECTIVE DATE. This General Durable Power of Attorney shall be effective as of _________________. TERMINATION DATE. Unless revoked pursuant to paragraph IV above, this General Durable Power of Attorney shall terminate upon my death.

IN WITNESS WHEREOF, I have hereunto set my hand this _____ day of _____________________ 2006. ______________________________ [name] STATE OF INDIANA COUNTY OF MARION ) ) SS: )

Before me, the undersigned, a Notary Public in and for such County and State, personally appeared ____________________________________ and acknowledged the execution of the above and foregoing General Durable Power of Attorney. IN WITNESS WHEREOF, I do hereby set my hand and notarial seal as of the _____ day of ____________________, 2006. ______________________________ Notary Public - Signed ______________________________ Notary Public Name Printed Notary Commission Expires: ______________________________ Notary County of Residence: ______________________________ This instrument was prepared by: ___________________________.

You might also like