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INFORMATION CONCERNING THE NEW HAMPSHIRE DURABLE POWER OF

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Page 1 of 7
INFORMATION CONCERNING THE
NEW HAMPSHIRE DURABLE POWER OF ATTORNEY
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS
DOCUMENT YOU SHOULD KNOW THESE IMPORTANT FACTS:
Notice to the Principal: As the “Principal,” you are using this Durable
Power of Attorney to grant power to another person (called the
“Agent” or “Attorney in Fact”) to make decisions, including, but not
limited to, decisions concerning your money, property, or both, and to
use your money, property, or both on your behalf. If this written
Durable Power of Attorney does not limit the powers that you give to
your Agent, your Agent will have broad and sweeping powers to sell
or otherwise dispose of your property, and to spend your money
without advance notice to you or approval by you. Under this
document, your agent will continue to have these powers after you
become incapacitated, and unless otherwise indicated your Agent will
have these powers before you become incapacitated. You have the
right to retain this Power and not to release this Power until you
instruct your attorney or any other person who may hold this Power
of Attorney to so release it to your Agent pursuant to written
instructions. You have the right to revoke or take back this Durable
Power of Attorney at any time, so long as you are of sound mind. If
there is anything about this Durable Power of Attorney that you do
not understand, you should seek professional advice.
I acknowledge that I have read and understand the instructions
above.
_________________________________
Principal’s Signature
Page 2 of 7
NEW HAMPSHIRE DURABLE POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that I,
____________________, currently of _____________________________,
New Hampshire (the “Principal”), hereby appoint _____________________
currently of _____________________________, (the “Agent”), to be my
agent to represent me, in my name, in my place and on my behalf, as
follows:
(Principal Must Initial Where Applicable)
____ My agent may exercise or perform any act, power, duty, right, or
obligation whatsoever that I now have, or may hereafter acquire the legal
right, power, or capacity to exercise or perform, in connection with, arising
from, or relating to any persons, item, transaction, thing, business property,
real or personal, tangible or intangible, or matter whatsoever.
____ My agent may conduct, engage in, and transact any and all lawful
business of whatever nature or kind for me, on my behalf, and in my name;
____ My agent may request, ask, demand, sue for, recover, collect,
receive, and hold and possess all such sums of money, debts, dues,
commercial paper, checks, drafts, accounts, deposits, legacies, bequests,
devises, notes, interests, stock certificates, bonds, dividends, certificates of
deposit, annuities, pension and retirement benefits, insurance benefits and
proceeds, any and all documents of title, choses in action, personal and
real property, intangible and tangible property and property rights, and
demands whatsoever, liquidated or unliquidated, as now are, or shall
hereafter become, owned by, or due, owing, payable, or belonging to me or
in which I have or may hereafter acquire interest, to have, use and take all
lawful means and equitable and legal remedies, procedures, and writs in
my name for the collection and recovery thereof, and to adjust, sell,
compromise, and agree for the same, and to make, execute, and deliver for
me, on my behalf, and in my name, all endorsements, releases, receipts, or
other sufficient discharges for the same;
____ My agent may lease, purchase, exchange, and acquire, and to agree,
bargain and contract for the lease, purchase, exchange, and acquisition of,
and to accept, take, receive, and possess any real or personal property
whatsoever, tangible or intangible, or interest thereon, on such terms and
conditions, and under such covenants, as said attorney in fact shall deem
proper;
Page 3 of 7
____ My agent may maintain, repair, improve, manage, insure, rent, lease,
sell, convey, subject to deeds of trust, and hypothecate, 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 now own or
may hereafter acquire, for me, in my behalf, and in my name and under
such terms and conditions, and under such covenants, as said attorney in
fact shall deem proper;
____ My agent may make, receive, sign, endorse, execute, acknowledge,
and deliver such applications, contracts, agreements, options, covenants,
conveyances, deeds, trust deeds, security agreements, bills of lading,
warehouse receipts, documents of title, bills, bonds, debentures, checks,
drafts, bills of exchange, letters of credit, notes, stock certificates, proxies,
warrants, commercial paper, receipts, withdrawals deposits in, or
certificates of deposit of banks, savings and loan or other institutions or
associations, proofs of loss, evidences of debts, releases, and satisfaction
of mortgages, liens, judgments, security agreements and other debts and
obligations and such other instruments in writing of whatever kind and
nature as may be necessary or property in the exercise of the rights and
powers herein granted.
____ My agent may represent me in any and all proceedings now pending
or hereafter arising between me and the Internal Revenue Service or any
other federal, state or foreign governmental authorities relative to my
income, gift, estate or other tax liability for any and all years, granting to my
Agent, the full power to appear before proper officials of the Treasury
Department or any other federal, state or foreign government officials. in
my name and on my behalf; to adjust, settle, compromise or otherwise
dispose of all questions relative to any tax liabilities; to receive copies of my
tax returns and any papers, letters or other communications concerning
any or all tax liabilities; to sign any waivers of the statute of limitations or
any other waivers; to sign closing agreements for final determination of tax
liability; to prepare, sign and file with any and all governmental authorities
tax returns or other returns, requests for rulings and determinations,
protests, appeals, consents and other documents; to execute and file
refund claims or any other claims; to receive, to endorse and collect,
checks in settlement of any refund; to execute and file petitions to the Tax
Court of the United States and all others papers in connection with such
proceedings; to execute on my behalf IRS Form 2848 and appoint my
Agent or any suitable person selected by my Agent as my representative
before the Internal Revenue Service;
____ I grant my agent full power and authority to do, take, and perform all
Page 4 of 7
and every act and thing whatsoever requisite, proper, or necessary to be
done, in the exercise of any of the rights and powers herein granted, as
fully to all intents and purposes as I might or could do if personally present,
with full power of substitution or revocation, hereby ratifying and confirming
all that said attorney in fact, or his substitute or substitutes, shall lawfully do
or cause to be done by virtue of this power of attorney and the rights and
powers herein granted.
____ Special instructions for my agent:
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
____________________________________________________________
This instrument is to be construed and interpreted as a general durable
power of attorney. The enumeration of specific items, rights, acts, or
powers does limit or restrict and such rights, acts or powers, and is not to
be construed or interpreted as limiting or restricting, the general powers
herein granted to my agent.
This power of attorney shall not be affected by the subsequent disability or
incapacity of the Principal.
The Agent may delegate the powers granted to the Agent by this Power of
Attorney by a delegation in writing which makes reference to this Power of
Attorney and otherwise complies with applicable law.
My Agent shall be entitled to reasonable compensation and shall be
reimbursed in full for any loss or expense incurred or suffered by him as a
result of acting as my Agent.
Page 5 of 7
This Power of Attorney shall be governed by and construed in accordance
with the laws of the State of New Hampshire.
Signature and Acknowledgment
Dated at _______________, New Hampshire this ____ day of
_________________, 20____.
Principal’s Signature
________________________________
State of New Hampshire
County of ___________, S.S.
At ____________________________ in said County and State, personally
appeared ____________________________, the Principal, who is known
to me or was otherwise suitably identified, did acknowledge to me that the
execution of this Power of Attorney was his free act and deed.
____________________________
Notary Public
____________________________
Print Name
Commission Expires: ___________
Page 6 of 7
INSTRUCTIONS TO AGENT PURSUANT TO
N.H. Rev. Stat. Ann. § 506:6
I, ___________________________, have read the attached power of
attorney and am the person identified as the Agent for the Principal. I
hereby acknowledge that when I act as Agent or “attorney in fact,”; I am
given power under this Durable Power of Attorney to make decisions about
money, property, or both belonging to the Principal, and to spend the
Principal's money, property, or both on the Principal's behalf, in accordance
with the terms of this Durable Power of Attorney. This Durable Power of
Attorney is valid only if the Principal is of sound mind when the Principal
signs it. When acting in the capacity of Agent, I am under a duty (called a
“fiduciary duty”) to observe the standards observed by a prudent person,
which means the use of those powers that is reasonable in view of the
interests of the Principal and in view of the way in which a person of
ordinary judgment would act in carrying out that person's own affairs. If the
exercise of my acts is called into question, the burden will be upon me to
prove that I acted under the standards of a fiduciary. As the Agent, I am not
entitled to use the money or property for my own benefit or to make gifts to
myself or others unless the Durable Power of Attorney specifically gives me
the authority to do so. As the Agent, my authority under this Durable Power
of Attorney will end when the Principal dies and I will not have authority to
manage or dispose of any property or administer the estate unless I am
authorized to do so by a New Hampshire Probate Court. If I violate my
fiduciary duty under this Durable Power of Attorney, I may be liable for
damages and may be subject to criminal prosecution. If there is anything
about this Durable Power of Attorney, or my duties under it, that I do not
understand, I understand that I should seek professional advice.
Page 7 of 7
I acknowledge that I have read and understand the instructions
above.
Agent’s Signature ___________________________
State of New Hampshire
County of ___________, S.S.
At ______________, in said County and State, personally appeared
________________, the Agent, who is known to me or was otherwise
suitably identified, did acknowledge to me that the executing this document
was his/her free act and deed
____________________________
Notary Public
____________________________
Print Name
Commission Expires: ___________
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INFORMATION CONCERNING THE NEW HAMPSHIRE DURABLE POWER OF

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Completed 17 February 2022

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