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HomeMy WebLinkAbout875852WHEN RECORDED MAIL TO: ) CRAIG I. SHANOR ) 123 W. 1st, SUITE 620 ) 8 ~ 5 ~ 5 2 CASPER, WY 82601 :~ ) Space above this line ~ ) for recorder's use GENERAL iDURABLE POWER OF ATTORNEY TO WHOM IT MAY CONCERN: Linda C. Kilroy (the "principal"), a resident of Alpine, Lincoln County, Wyoming, hereby appoints John G. Kilroy, Jr., (the~ 'i'agent") a resident of Alpine, Lincoln County, Wyoming, as the principal's true and lawful attorney2in-fact for the principal and in the principal's name, place, and stead on the principal's incapacity.:: This durable power of at)orney shall become effective only on the incapacity of the undersigned principal. The undersigned shall conclusively be deemed incaPacitated for purposes of this instrument when the agent receives a written and signed opinion from two (2) licensed physicians that the principal is physi'cally or mentally incapable of managing the principal's finances. Such written opinions when received shall be attached to this instrument. Third parties ~nay rely on the agent's authority without furth~i:r evidence of incapacity when this instrument is presented with such physician's statement attachi,~d. No licensed physician who executes a medical opinion of incapacity shall be subject to liabii:!ty because of such execution. The principal hereby waives any privilege that may apply to release of information included in such medical opinioh. In addition to the foregoinE~ the undersigned shall conclusively be deemed incapacitated for purposes of this instrument when i:~:reditable and currently applicable evidence exists whereby the agent can reasonably conclude th4,t the principal has disappeared, is unaccountably absent, or is detained under duress where she i:~: unable to effectively manage her property or affairs. While the principal is not irr~capacitated, this durable power of attorney may be modified by the principal at any time by written ,notice given by the principal to the agent and may be terminated at any time by either the principal or the agent by written notice given by the terminating party to the other party. , This power of attorney shall continue after the principal's incapacity in accordance with its terms. On the death of the principal, this power shall terminate and the assets of the principal shall be distributed to the duly appointed personal representative of the principal's estate; or, if no estate is being administered, to the persons who lawfully take the assets without the necessity of administration when they have suE,plied the agent with satisfactory documents as provided by law. 542 Principal's purpose lin authorizing agent to make decisions for principal is to allow agent to exercise such powers pron':~ptly on principal's behalf and in principal's best interests without having to seek Court authority for~such decisions or Court supervision under Wyoming's probate laws. ~' ARTICLE I POWERS GRANTED Pursuant to the foregoing ~ppointment, principal grants to agent the following powers: 1.1 Real Property Pow~. To grant, bargain, contract, purchase, sell, convey, mortgage, insure, manage, control, lease, sublease, and otherwise act concerning any real property that the principal may own (including prop.srty held jointly with others), collect and receive rents oi- income therefrom, pay taxes, charges and a?~sessments on the same, repair, maintain, protect, preser~;e, alter, and improve the same and do all things necessary or expedient to be done in the agent's judgment in connection with the property.. 1.2 Personal Property _ :~: owers. To bargain, contract, purchase, sell, assign, mortgage, insure, manage, control, lease, sublease, and otherwise act concerning any personal property that the principal may own, tangible or~ intangible (including property held jointly with others), collect and receive rents or income therefrom, pay taxes, charges and assessments on. the same, repair, maintain, protect, preserve, alter, and improve the same and do all things necessary or expedient to be done in the agent's judgment ie. connection with the property. 1.3 Contract Powers. :."Fo make, do and transact every kind of business of whatever nature, and execute and deliver cor;i tracts, agreements, documents and other instruments of any kind or nature relating to same. 1.4 Business Powers. To manage and control any business in which principal owns an interest, including businesses in th(; form of partnerships, corporations, limited liability companies or other entities, and to make all di~cisions the principal could make as an owner, general partner, limited partner or officer, and to e~:ecute all documents required of the principal as such, all to the extent that the agent's designation :l:br such purposes is allowed by law and is not in contravention of any bylaws, partnership or other agreement. 1.5 Stock poWers. To pt'irchase, sell, invest, assign, reinvest, vote and generally deal with all stocks, bonds, debentures, waft'ants, partnership interests, rights, and securities owned by the principal. · . 1.6 Collection Powers.: To collect and deposit for the benefit 0fthe principal all debts, interest, dividends, or other assets· that may be due or belong to the pi-incipal and to execute and deliver receipts and other dischar.[ es therefor; to demand,~ arbitrate, and pursue litigation on the principal's behalf concerning all rii.'..;hts and benefits to which the principal may be entitled; and to compromise, settle, and discharge all such matters as the agent considers appropriate under the circumstances. 1.7 Debt Powers. Topey any sums of money that may at any time be or become owing from the principal, to sell, and to adjust and compromise any claims which may be made against the principal as the agent considers appropriate under the circumstances. 1. § Borrowing Powers.:. To borrow from time to time such sums of money and upon such terms as the agent deems reasonab!e for or in relation to any purpose or object which is reasonable, expedient and proper in the agent'?!, discretion. 1.9' Tax Powers. To prepare and file all income and other federal and state tax returns which the principal is required to file; to sign the principal's name; hire preparers and advisors and pay for their services; and to d© whatever is necessary to protect the principal's assets from assessments for income taxes and' other taxes. The agent is specifically authorized to receive . confidential information; to receive checks in payment of any refund of taxes, penalties, or'lnterest; to execute waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes; to execute closing agreements under Internal Revenue Code sec~ilon 7121 or any successor statute; and to delegate authority or substitute another representative g!ith respect to all above matters. 1.10 Banking Powers. To. deposit in and draw on any checking, savings, agency, or other accounts that the principal may ha~,e in any banks, savings and loan associations, and any accounts with securities brokers or other c!:iimmercial~ institutions, and to establish and terminate all such accounts. 1.11 Investment Powers: To invest and reinvest the principal's funds in every kind of property, real, personal, or mixedll and every kind of investment, specifically including, but not limited to, corporate obligations o:!." every kind, preferred or common stocks, shares of investment trusts, investment companies, and mutual funds, and mortgage participations that, under the circumstances then prevailing (specifically including but not limited to the general economic conditions and the principal's anticipated needs), persons of skill, prudence, and diligence acting in a similar capacity and familiar with those matters would use in the conduct of an enterprise of a similar character and with similar' aims, to attain the principal's goals; and to consider individual investments as part of an overall plan. .. 1.12 ..E. mploy and Discharge Agents. To employ and discharge attorneys, accountants, and other professionals as my agent deems necessary, and waive any attorney/client and attorney/accountant privilege on my behalf. 1.13 Safe Deposit Boxes. To have access to all safe dePosit boxes in the principal's name or to ~,hich the principal is an authorized signatory; to contract with financial institutions for the maintenance and continuation of safe deposit boxes in the principal's name; to add to and remove the contents of alt such safe deposit boxes; and to terminate contracts for all such safe deposit boxes. 1.14 Transfers to Trusts. To make additions and transfer assets to any and all living revocable trusts of which the princ~ipal is a settlor. 3 1.15 Tuition and Medica! Care. To make direct payments to the provider for tuition and medical care for the principal's issue under Internal Revenue Code section 2503(e) or any successor statute, which excludes such paymgnts from gift tax liability. 1.16 Make Giftsl To make gifts in the principal's name in accordance with principal's past practices or which are appropriate m the opinion of the agent. 1.17 Government Vouct~¢rs and Checks. To receive, endorse, collect, receipt for, and to execute and deliver vouchers on:behalf of the principal .for all or any particular entitlements, allowances, refunds, or reimbursements that may be payable to principal by the government of the United States of America, or by any state government or municipal authority, and to receive, endorse, and collect all drafts or checks that are issued payable to my order by the Treasurer or other responsible fiscal officer of the Ii;overnment of the United States of America, or of any state government or municipal authority.' ' 1.18 Motor Vehicles. To apply for, acquire and hold certificates of title upon any automobile, truck, pickup, van, trailer, motor home, boat, motorcycle or other motor vehicle in my name an/or in the name of my ageg~i and endorse and transfer title thereto, and to represent in such transfer that the title to said motor:~vehicles is free and clear of all liens and'encumbrances except those specifically set forth in such'transfer. .,: 1.19 Minerals. To gran~,!~bargain, contract, purchase, sell, convey, mortgage, manage, administer and lease all oil, gas and0ther minerals owned by principal, and to execute and perform any and all contracts, agreements ~r' other documents relating thereto, including without limitation, all oil, gas and mineral leases, ratifications, operating agreements, division and transfer orders, and unitization, communitizatiOn and p~)oling agreements. 1.20 Generally to do, exezute, and Perform any other act, deed, matter, or thing, that in the opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of every kind and nature:, as fully and effectively as the principal could do if personally present. The enumeration of specific items, acts, rights, or powers does not limit or restrict, and is not to be construed or'interpreted as limiting or restricting, the general powers granted to the agent except where powers are expressly ~estricted. 1.21 The agent is authorized and directed to commence enforcement proceedings, at the principal's expense, against any thiid party who fails to honor this durable power of attorney. ARTICLE II .: POWERS NOT GRANTED 2.1 Notwithstanding a~.y other possible language to the contrary in this document, the agent is specifically NOT granted the following powers: (a) To use the principal's a~ssets for the agent's own legal obligations, including but not limited to support of the agent's de;~endents; 4 (b) To exercise any trustee powers under an irrevocable trust of which the agent is a settlor and the principal is a trustee; and ' (c) To exercise incidents o:.f ownership over any life insurance policies that the principal oWns on the agent's life. ARTICLE III THIRD PARTY RELIANCE 3.1 Any third party frmn whom the agent may request information, records, or other documents regarding the prin~cipal'S personal affairs may release and deliver all such information, records, or documents to the agent... The principal hereby waives any privilege that may ~apply to release of such information, recorC[s, or other documents. 3.2 The agent's signatu?.e under the authority granted in this power of attorney may be accepted by any third party or organization with the same force and effect as if the principal were personally present and acting on th!e principal's own behalf. No person or organization who relies on the agent's authority under this it.,!strument shall incur any liability to the principal, the principal's' estate, heirs, successors, or assigns~ because of reliance on this instrument. 3.3 The principal's estate, heirs, successors, and assigns shall be bound by the agent's acts under this power of attorney. 3.4 This power of attorney shall commence and take effect on the principal's subsequent disability or incapacity as set forth above. 3.5 The principal hereby ratifies and confirms all that the agent shall do~ or cause to be done by virtue of this power of attorney. ARTICLE IV REVOCATION AND AMENDMENT 4.1 Principal hereby revokes all prior General Durable Powers of Attorney that she may have executed, and retains the right to revoke or amend this document and to make substitutions for her Attorney-in-fact. Amendments to this document shall be made in writing by principal (not by her Attorney-in-fact), and shall be a. ttached to the original of this document and recorded in the same county or counties as the original.' , !... ARTICLE V SUBSTITUTE AGENTS 5.1 Should agent resigr;,, die, become incapacitated, or fail to act as agent for any other reason, the principal hereby appoir:its Jeffrey W. Kilroy as first substitute Attorney-in-fact ("first substitute agent"), with all the same powers granted herein. Should both agent and first substitute agent resign, die, become incapaciiCated, or fail to act as agent for any other reason, the principal 5 hereby appoints Kristine L. Thomas as second substitute agent ("second substitute agent"), with all the same powers granted hereinl Should the agent, and the first and substitute agents all resign, die, become incapacitated, or fail to act as agent for any other reason, the principal hereby appoints Kevin J. Kilroy as third substitute ~gent ("third substitute agent"), with all the same powers granted herein. 5.2 Agent's resignation or refusal to act as attorney-in-fact, or the resignation or refusal to act by any of the named substitute agents, shall be made in writing and shall be attached to the original of this document and recorded in the same county or cOunties as the original, if the original is recorded. ,~. " ARTICLE VI NOMiiNATION OF CONSERVATOR 6.1 If a con.servatorship of the principal's person or estate or both is deemed necessary, the principal hereby nominates agent as conservator of the principal's person and estate. If agent is for any reason unwilling or unableiso to serve, the principal hereby nominates substitute agent or agents, in the order of their designated succession, as such conservator. 6.2 On the appointment of a conservator of the princiPal's estate, this.power of attorney shall terminate and the agent shall deliver the assets of the principal under the agent's control as directed by the conservator of the principal's estate. ARTICLE VII MISCELLANEOUS 7.1 Counterpart Execution and Photocopies. This document may be executed in any number of counterparts and each ,,;hall constitute an original of one and the same document. Photographic or other reproductions of this Power-of-Attorney may be relied upon by any person to the same extent as though the COl:;y were an original. 7.2 Severability. If any provision ofthisdocument is not enforceable or is not valid, the remaining provisions shall remain effective. 7.3 Exculpation. Neither agent nor any of his substitutes shall incur any liability to principal, her estate, heirs, successors, or assigns for acting or refraining from acting hereunder, except for willful misconduct or gross negligence. 7.4 Governing LaW: This document shall be governed'by the laws of the State of Wyon~ing in all respects, including :its validity, construction, interpretation, and termination. WARNING TO PERSON EXECUTING THIS DOCUMENT THIS IS AN IMPORTANT LEGAL DOCUMENT. IT CREATES A DURABLE POWER OF ATTORNEY THAT BECOMES EFFECTIVE ON YOUR INCAPACITY AS PROVIDED ABOVE. BEFORE EXECUTING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS. 1. THIS DOCUMENT M/XY PROVIDE THE PERSON YOU DESIGNATE AS YOUR ATTORNEY IN FACT WITH i;:-3ROAD POWERS TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY. 2. THESE POWERS WILL EXIST FOR AN INDEFINITE PERIOD OF TIME UNLESS YOU LIMIT THEIR DURATION 'IN THIS DOCUMENT. THESE POWERS WILL CONTINUE TO EXIST NOTWITHSTANDING YOUR'SUBSEQUENT DISABILITY OR INCAPACITY. 3. YOU HAVE THE RIGEIiT TO REVOKE OR TERMINATE THIS DURABLE POWER OF ATTORNEY AT ANY TIMEi 4. THIS POWER OF ATTORNEY SHALL BECOME EFFECTIVE ONLY ON THE INCAPACITY OF THE PRINCIP'AL. IN WITNESS WHEREOF,', the principal has signed this Durable Power of Attorney this day of September, 2001. : Ihgn[! a'C. Kilroy' STATE OF WYOMING ) ) SS. COUNTY OFrzT-J~t.,lr~in ¢~) ) The foregoing instrument was subscribed, sworn to, and acknowledged before me this day of September, 2001, by Linda C. Kilroy. Witness my hand and official seal. . Nota~ Public My Commission Expires: . ~