This is an agreement that allows an agent to act on behalf of a principal. Usually, an
attorney acts as the agent on behalf of the client or principal. This agreement is primarily
used to allow an attorney to act on behalf of a mentally or physically deteriorating client.
Additionally, this particular agreement contains a durability provision that allows the
attorney to maintain power of attorney if the principal becomes mentally incompetent.
The attorney agrees that he or she will act in the client's best interests to the best of the
attorney's abilities. This document should be used by attorneys or clients that want to
allow the attorney to act on their behalf.
GENERAL DURABLE POWER OF ATTORNEY
Title _ Chapter _Section __ of Code of ____________________
KNOW ALL MEN BY THESE PRESENTS that I ________________________________
[Instruction: Insert the name of person/principle making this power of attorney] residing at
___________________ [Instruction: Insert the Address of Principal] County of
______________ [Instruction: Insert the County], State of _____________________,
hereinafter termed as the “Principal” do hereby make, constitute and appoint
________________________________ [Instruction: Insert the name of attorney in
fact/agent] residing at _______________________________ [Instruction: Insert the address
of attorney in fact/agent] hereinafter termed as the “Agent” as my true and lawful attorney in
fact for me and in my name, place and stead, generally to act as my Agent in relation to all
matters in which I may be interested or concerned, not including matters about which I have
authorized my Agent to make decisions, and as such to do all acts and things and to execute all
instruments as fully and effectually in all respects as I myself could do if personally present,
excepting only such acts and things as the law of the place where they are to be done (including
the conflicts of law rules) or their nature would make impossible, it being my intention,
regardless of the mention hereafter of any powers which may be specifically included in this
general power, to make this a full, complete and general power of attorney. This power of
attorney shall not be affected by my subsequent disability, incompetency or incapacity. I grant
the following powers and authority to my Agent appointed above:
1. Power to Execute Generally. To do whatsoever is requisite and necessary to be done in the
foregoing, as fully as I could if personally present, with full power of substitution, hereby
ratifying and confirming all that my said Agent shall lawfully do, or cause to be done by
virtue hereof.
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2. Transactions of Real Property. 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 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
with respect to the Real Property .
3. Transactions of Tangible Personal Property. 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, 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.
4. Bond and Stock 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.
5. 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
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futures broker; and, in general, exercise all powers with respect to commodities and options
which the principal could if present and under no disability.
6. Banking, Investing 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.
7. Power to Borrow. To borrow from time to time any sum or sums of money on such terms
(including the power to borrow against the cash surrender value of any life insurance policy
issued on my life) as my Agent may deem proper and execute promissory notes, security
deeds or agreements, financing statements, or other security instruments which may be
necessary and proper. [Comment: User may decide to remove this clause]
8. Safe Deposit Boxes. To have free access at any time or times to any safe deposit box or vault
to which I might have access, and to remove all or any part of the contents thereof, and to
surrender or relinquish said safe deposit box, and any institution in which any such safe
deposit box may be located shall not incur any liability to me or my estate as a result of
permitting my Agent to exercise this power. [Comment: User may decide to remove this
clause]
9. Business Operating Transactions. To conduct, en