Texas Statutory Durable Power of Attorney

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Texas Statutory Durable Power Of Attorney

STATUTORY DURABLE POWER OF ATTORNEY

NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND


SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF
ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY
QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS
DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER
HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF
ATTORNEY IF YOU LATER WISH TO DO SO.

I, ____________________________, appoint ______________________________ as


my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the
following powers except for a power that I have crossed out below.

TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER


WITHHELD.

Real property transactions;

Tangible personal property transactions;

Stock and bond transactions;

Commodity and option transactions;

Banking and other financial institution transactions;

Business operating transactions;

Insurance and annuity transactions;

Estate, trust, and other beneficiary transactions;

Claims and litigation;

Personal and family maintenance;

Benefits from social security, Medicare, Medicaid, or other governmental


programs or civil or military service;

Retirement plan transactions;

Tax matters.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT
SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF
ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE THE
POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I
COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.

SPECIAL INSTRUCTIONS:

Special instructions applicable to gifts (initial in front of the following sentence to


have it apply):

I grant my agent (attorney in fact) the power to apply my property to make gifts,
except that the amount of a gift to an individual may not exceed the amount of annual
exclusions allowed from the federal gift tax for the calendar year of the gift.

ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS


LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

________________________________________________________________

UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF


ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS
REVOKED.

CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING


OUT THE ALTERNATIVE NOT CHOSEN:

(A) This power of attorney is not affected by my subsequent disability or incapacity.

(B) This power of attorney becomes effective upon my disability or incapacity.

YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO


BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.

IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT


YOU CHOSE ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not
contained in this power of attorney, I shall be considered disabled or incapacitated for
purposes of this power of attorney if a physician certifies in writing at a date later than
the date this power of attorney is executed that, based on the physician's medical
examination of me, I am mentally incapable of managing my financial affairs. I authorize
the physician who examines me for this purpose to disclose my physical or mental
condition to another person for purposes of this power of attorney. A third party who
accepts this power of attorney is fully protected from any action taken under this power
of attorney that is based on the determination made by a physician of my disability or
incapacity.

I agree that any third party who receives a copy of this document may act under
it. Revocation of the durable power of attorney is not effective as to a third party until the
third party receives actual notice 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
attorney.

If any agent named by me dies, becomes legally disabled, resigns, or refuses to


act, I name the following (each to act alone and successively, in the order named) as
successor(s) to that agent: __________.

Signed this ______ day of __________, 20___

_____________________________________

State of _______________________

County of ______________________

This document was acknowledged before me on _________________________


by ____________________________

Notary seal: ___________________________________

Prtinted name: _________________________________

My commission expires: __________

THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING


UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL
RESPONSIBILITIES OF AN AGENT.

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