INDIANA
DURABLE
POWER OF
AT
TORNEY
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 STATUTORY 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 OR OTHER
HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER
OF ATTORNEY IF YOU LATER WISH TO DO
SO.
I [Principal’s Name] of
[Principal’s Address] appoint [Agent’s Name] of
[Agent’s Address] as my Agent
(attorne
y
-in-
fact)
to act for me in any lawful way with respect to the following initialed
subjects:
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
s
ignature
will be
required
on behalf of the
Principal.
INITI
A
L
(A) Real
property transactions.
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 lying and being
situated in the State of Indiana, 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.
(B)
Tangible personal property transactions.
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 which are recognized under
the Uniform Commercial Code as adopted at that time under the laws of the
State of Indiana or any applicable state, 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.
(C) Stock and bond
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.
(D)
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
futures broker; and, in general, exercise all powers with respect to
commodities and options which the principal could if present and under no
disabilit
y
.
(E) Banking 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.
To borrow from time to time such sums of money as my Agent may
deem
proper and execute promissory notes, security deeds or agreements, financing
statements, or other security instruments in such form as the lender may
request and renew said notes and security instruments 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 transactions.
To conduct, engage in, and
otherwise transact the affairs of any and all lawful business ventures of whatever
nature or kind that I may now or hereafter be involved in. To organize or
continue and conduct any business which term includes, without limitation, any
farming, manufacturing, service, mining, retailing or other type of
business
operation in any form, whether as a proprietorship, joint venture, partnership,
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 engage, compensate and
discharge business managers, employees, agents, attorneys, accountants
and
consultants; and, in general, exercise all powers with respect to business
interests and operations which the principal could if present and under 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, disability, liability, or other type of insurance or any combination of
insurance; and to procure new or additional contracts of insurance for me and to
designate the beneficiary of same; provided, however, that my Agent cannot
designate himself or herself as beneficiary of any such insurance
c
ontract
s
.
(H) Estate, trust, and other
beneficiary transactions.
To accept, receipt
for, exercise, release, reject, renounce, assign, disclaim, demand, sue for, claim
and recover any legacy, bequest, devise, gift or other property interest or
payment due or payable to or for the principal; assert any interest in and
exercise any power over any trust, estate or property subject to
fiduciar
y
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 legal
representative of the estate of the principal; and, in general, exercise all powers
with respect to estates and trusts which the principal could exercise if present
and under no disability; 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 require 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
given.
(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 thereof, or touching any matter in which
I,
or, my
property, real or personal, may be in any way concerned. To defend, settle,
adjust, make allowances, compound, submit to arbitration, and compromise all
accounts, reckonings, claims, and demands whatsoever that now are, or
hereafter 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 deem
proper.
(J) Personal and family maintenance. To hire accountants,
attorneys at law, consultants, clerks, physicians, nurses, agents, servants,
workmen, and others and to remove them, and to appoint others in their
place, and to pay and allow the persons so employed such salaries, wages,
or other remunerations, as my Agent shall deem
proper.
(K) Benefits from Social Security, Medicare, Medicaid, or
o
th
e
r
go
v
ernmental
programs,
or
military
service. To prepare, sign and file any
claim or application for Social Security, unemployment or military service
benefits; sue for, settle or abandon any claims to any benefit or assistance
under any federal, state, local or foreign statute or regulation; control, deposit
to any account, collect, receipt for, and take title to and hold all benefits under
any Social Security, unemployment, military service or other state, federal,
local or foreign statute or regulation; and, in general, exercise all powers with
respect to Social Security, unemployment, military service, and governmental
benefits, including but not limited to Medicare and Medicaid, which the
principal could exercise if present and under no
disability.
(L) Retirement plan
transactions.
To contribute 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 the principal 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 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, unemployment insurance, and informational returns
required by the laws of the United States, or of any state or subdivision thereof,
or of any foreign government; to prepare, to execute, and to file all other
papers and instruments which the Agent shall think to be desirable
or
necessary for safeguarding of me against excess or illegal taxation or against
penalties imposed for claimed violation of any law or other governmental
regulation; and to pay, to compromise, or to contest or to apply for refunds in
connection with any taxes or assessments for which I am or may be
liable.
(N) ALL OF THE POWERS LISTED ABOVE. YOU NEED NOT
INITIAL ANY OTHER LINES IF YOU INITIAL LINE
(N).
SPECIAL
INSTRUCTIONS
:
ON THE FOLLOWING LINE YOU MAY GIVE SPECIAL
INSTRUCTIONS 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
NECESSARY 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
THE 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 by written instrument to
delegate any or all of the foregoing powers involving discretionary
decision-
making to any person or persons whom my Agent may select, but such
delegation may be amended or revoked by any agent (including any successor)
named by 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.)
Successor Agent. If any Agent named by me shall die, become incompetent,
resign or refuse to accept the office of Agent, I name the following (each to act
alone and successively, in the order named) as successor(s) to such
Agent:
Choice of Law. THIS POWER OF ATTORNEY WILL BE GOVERNED BY
THE LAWS OF THE STATE OF INDIANA WITHOUT REGARD FOR
CONFLICTS OF LAWS PRINCIPLES. IT WAS EXECUTED IN THE STATE
OF INDIANA 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 third party learns of the revocation. I agree to indemnify the
third party for any claims that arise against the third party because of
reliance on this power of
attorne
y
.
Signed this day of ,
20
[Signature of
Principal]
[Signature of
Agent]
[Signature of Successor Agent (if
any)]
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Notary Acknowledgement (Must be completed by Notary)
State of County of Subscribed,
Sworn and acknowledged before me by , the
Principal, and subscribed and sworn to before me by ,
witness, this day of .
Notary Signature
Notary Public
In and for the County of
State of
My commission expires:
Seal
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