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General Durable Power Of Attorney For Property And Finances Effective Upon Disability (Washington) POA-WA 101 - Legal Forms
| General Durable Power Of Attorney For Property And Finances Effective Upon Disability (Washington) Form. This is a Legal Forms form and can be used in General Power Of Attorney . |
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GENERAL DURABLE POWER OF ATTORNEY (RCW 11.94) Effective upon Disability , the undersigned Principal, I, domiciled and residing in the State of Washington, hereby designate and appoint as my Attorney-in-Fact. If for any reason my first designated Attorney-in-Fact does not serve, then I designate and appoint instead. If guardianship of my person or estate becomes necessary or desirable, I nominate the abovenamed Attorney-in-Fact (or alternate) to serve as my guardian. I herein create a durable power of attorney, not affected by my incapacity of whatever kind that may be. I direct that this document shall be liberally construed to give effect to its plain meaning. This document and all issues relating to it shall be governed by the laws of the State of Washington. I do not create herein a power of appointment as that term is used in the Internal Revenue Code and Regulations, but rather, I establish an ascertainable standard to govern my Attorney-inFact acting on my behalf, namely, that of a trustee if I am incapacitated. So long as neither the Attorney-in-Fact nor any person with whom the Attorney-in-Fact was dealing at the time received actual knowledge of revocation or termination of this power of attorney, by death or otherwise, then the Attorney-in- Fact and such persons dealing with the Attorney-in-Fact shall be entitled to rely upon this power of attorney. Any action taken shall therefore be binding upon the Principal, heirs, legatees, devisees, guardians, agents, and personal representatives of the Principal. 1. Effective Date/Duration. This Power of Attorney shall become effective upon the disability or incompetence of the Principal. Disability shall include the inability to manage the Principal's property and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, or chronic intoxication, and shall be established in the same manner as my incompetence by a written, dated statement signed by a qualified physician who has regularly attended me for the last two most recent years prior to disability or incompetence, or, in the absence of such a physician, by the unanimous agreement of two qualified physicians who have examined me and reviewed my medical history who certify my disability resulting in the above-mentioned inability to manage my affairs; incompetence shall also mean my detention or disappearance reported in a dated writing signed by a person having knowledge of the same. 2. Powers. The Attorney-in-Fact shall act as fiduciary for the Principal and, as such, have all powers of absolute ownership over all assets and liabilities of the Principal, whether located within or without the State of Washington, including, without limitation, the power and authority to do any of the following: 2.1 Pay, settle or otherwise discharge any and all claims of liability or indebtedness against the Principal and, in so doing, (a) use any of the Principal's funds or other assets, or use funds or other assets of the Attorney-in-Fact and obtain reimbursement from the Principal's funds or other assets and (b) compromise any such claim and make, sign, seal, and deliver acquittances, releases, or other sufficient discharges or proper documents in respect of same; Ask, demand, sue for, recover, collect, and receive all sums of money, debts, dues, accounts, gifts, legacies, bequests, devises, dividends, annuities, demands, interests in real and personal property, and rights to the possession or use of such property, and, in doing so, (a) have, use, and take all lawful ways and means in the Principal's name or otherwise for the recovery thereof by attachment, execution, eviction, foreclosure, or otherwise and (b) compromise and agree for and make, sign, and deliver acquittances, releases, or other sufficient discharges and proper documents in respect of the same; Bargain, contract, agree for, purchase, receive, and take lands and any interest therein, and accept the possession of all lands and all deeds and other assurances in the law therefor; Lease, sell, release, convey, exchange, mortgage, and release any mortgage on lands, and any interest therein; Bargain and agree for, buy, sell, pledge, assign, endorse, release, exchange, mortgage, release any mortgage on, and in any and every way and manner deal in and with goods, bonds, shares of 2.2 2.3 2.4 2.5 stock, causes of action, judgments, and other property in possession or in action; 2.6 2.7 Purchase United States Treasury Bonds which may be redeemed at par in payment of federal or state taxes; Exercise any and every right and power which the Principal may now or hereafter have in respect to any and all savings, checking, or agency accounts and any and all safe deposit boxes and envelopes or other safekeeping accounts to which the Principal has a right of access in any financial institution as defined by RCW 30.22.040, including, without limitation, the power and authority to open any and all such accounts for the Principal in the Principal's name, to give instructions in respect of and make deposits and withdrawals from any and all such accounts whether or not the same have been opened by the Attorney-in-Fact, and to enter any safety deposit box to which the Principal has a right of access; Make any transfer of resources not prohibited under RCW Chapter 74.09, as now or hereafter amended or recodified, when the transfer is for the purpose of qualifying me for state or federal medical care assistance or a limited casualty program for the medically needy, or for the purpose of preserving for my spouse, other relative or domestic partner, the maximum amount of property allowed under applicable law if an application has been made for governmental medical assistance, or in anticipation of such application and for the purpose of avoiding a Medicaid Recovery Lien; Make, do, and transact all and every kind of business of every kind and description; 2.8 2.9 2.10 Sign, seal, execute, deliver, and acknowledge all written instruments and do and perform each and every act and thing whatsoever which may be necessary or proper to be done in or about the exercise of the powers and authority hereinabove granted to the Attorney-in-Fact as fully to all intents and purposes as the Principal might or could do if personally present; 2.11 Deal on my behalf with the United States Department of the Treasury, Internal Revenue Service, and Social Security Administration, and any and all age
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