Loading...
HomeMy WebLinkAbout941523 L.:::>I €I 601081702<+ úOü001 GENERAL DURABLE POWER OF ATTORNEY I, WALKER P. INMAN, JR Social S ecunty No.. , the undersigned, domiciled at Grover, Lincoln, County, Wýoming, do hereby make, constitute, and appoint JOHN D. BOWERS, Social Security No. L residing at County Road 129, House Number 751, Grover, Lincoln County, Wýoming, as my attorney-in-fact (herein called agent), with the followingpowers to be exercised in my name and for my benefit: 1. General Grant of Power. To exercise or perform a'!Y act, power, duty, right or obligation whatsoever that I now have or mqy hereafter acquire, relating to a'!Y person, matter, transaction or property, real or personal, tangible or intangible, now owned or hereafter acquired by me, including, without limitation, the following specificallY enumerated powers. I grant to my agent full power and authority to do everything necessary in exercising a'!Y of the powers herein granted as fullY as I might or could do if personallY present, with full power of substitution or revocation, hereby ratifying and confirming all that my agent shall laufulIY do or cause to be done by virtue of this power of attorney and the powers herein granted. 2. Collection Powers. To fot;give, request demand, sue for, recover, collect, receive, and hold all such sums of money, debts, dues, commercial paper, checks, drafts, accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates, bondr, dividends, certificates of deposit, annuities, pension, profit sharing, retirement, social security, insurance and other contractual benefits and proceeds, all documents of title, all property, real or personal, intangible or tangible property and property rights, and demands- whatsoever liquidated or unliquidated, now or hereafter owned by, or due, owing, pqyable or belonging to, me or in which I have or mqy heater acquire an interest; to have, use, and take all lauful means and equitable and legal remedies and proceedings in my name for the collection and recovery thereof, and to adjust, sell, compromise, and agree for the same, and to execute and deliver for me, on my behalf, and in my name, all endorsements, releases, receipts, or other sufficient dischat;ges for the same. 3. Real ProDerty Powers. To bat;gain, contract, agree for, option, purchase, acquire, receive, improve, maintain, repair, insure, plat, partition, scifeguard, lease, demise, grant, bat;gain, sell, assign, tranger, remise, release, exchange, convey, mortgage, and f?ypothecate real estate and atry interest therein (and including atry interest which I hold with a'!Y other person as joint tenants with full rights of survivorship, or as tenants by the entireties), lands, tenements and hereditaments, for such price, upon such terms and conditions, as my agent shall determine. 4. Personal ProDerty Powers. To bat;gain, contract, agree for, purchase, option, acquire, receive, improve, maintain, repair, insure, scifeguard, lease, assign, sell, exchange, redeem, tranger, mortgage, hypothecate and in atry and every wqy and manner deal in and with goods, wares, merchandise, furniture and furnishings, automobiles, bills, notes, debentures, bonds, stocks, limited partnership interests, certificates of deposit, commercial paper, money market instruments, and other securities, chooses in action and other tangible or intangible personal property in possession or in action, for such price, upon such terms and conditions, as my agent shall determine. 5. Contract Powers. To make, do and transact every kind of business of whatever nature, and also for me and in my name, and as my act and deed, to sign, seal, execute, deliver and acknowledge such stock certificates, stock powers, assignment separate from certificates, deeds, conveyances, leases and assignments of leases, covenants, indentures, options, letters of intent, contracts, agreements, closing agreements, certificates, mortgages, f?ypothecations, bills of lading, bills, bonds, debentures, notes, receipts, evidences of debts, releases and satisfaction of mortgage, judgments and other debts, waivers of statutes of limitations, and such other documents and instruments in writing of whatever kind and nature as mqy be necessary or proper in the premises, as fullY as I might do if done in my own capacity. 6. Bankinf{ Powers. To make, draw, sign in my name, deliver and execute checks, drafts, receipts for moneys, notes, or other orders for the pqyment of money against, or othetwise make withdrawals from atry commercial, checking or savings account which I mqy have in my sole name or in joint name with other person(s), in atry bank or financial institution, for atry purpose which my agent mqy think necessary, advisable or proper," and to endorse and negotiate in my name and to deliver checks, drafts, notes, bills, certificates of deposit, commercial paper, money market instruments, bills of exchange or other instruments for the pqyment of money and to deposit same, as cash or for collection, and into my commercial, checking or savings account which I mqy have in my sole name or in joint name with other person(s), in atry bank or financial institution; and to carry on all my ordinary banking business. 7. Tax Retums. To prepare, execute, and file reports, returns, declarations, forms and statements for a'!Y and all tax purposes including income tax, gift tax, real estate tax, personal property tax, intangibles tax, single business tax, or atry other kind of tax whatsoever, to pqy such taxes and a' or penalty thereon or additions thereto; to make and file oijections, protests, claims for abateme dit in relation to a'!Y such tax Bowers & Associates Law Offices, PC P.O. Box 1550 AftO/l, WY 83]]0 (307) 885-2266 Page 1 of 5 RECEIVED 8/22/2008 at 3:30 PM RECEIVING # 941523 BOOK: 703 PAGE: 1 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 006002 proposed, levied or paid,' to represent me and to institute and prosecute proceedings in court or before atry administrative authority to contest atry such tax in whole or in part or for recovery of atry amount paid in respect of atry such tax, to defend or settle a'!Y amount paid in respect of a'!Y such tax, to give full and final receipt for atry refund or credit and to endorse and collect atry check or other vouchers therefor,' to pqy atry and all such taxes and atry interest, penalty or other additional amounts; to employ attorneys, accountants, or other representatives and grant powers of attorney of letters of appointment thereof for atry of the purposes aforesaid. 8. Safe Deposit Box. To have atry scife deposit box of which I am a tenant or cotenant with full power to withdraw or change from time to time the contents thereof; and to exchange or surrender the box and keys thereto, renew atry rental contract therefor, and to do all things which atry depository, association, or bank or its agents mqy require, hereby releasing the lessor from all liability in connection therewith. 9. Emolov Ag-ent. To employ and compensate agents, accountants, attorneys, appraisers,financial consultants, real estate brokers and other professional assistants and to retain and compensatcsuch persons for services rendered,' and to waive atry attorney/ client privilege. 10. Motor Vehicles. To applY for a Certificate of Title upon, and endorse and tranifer title thereto, for atry automobile, or other motor vehicle, and to represent in such tranifer assignment that the title to said motor vehicles is free and clear of all liens and encumbrances except those specificallY set forth in such tranifer assignment. 11. Settlement Powers. To a4just, settle, compromise, or submit to arbitration a'!Y accounts, debts, claims, demands, disputes or matters which are now subsisting or mqy hereafter arise between me and my agent and atry other person or persons, or in which atry property, right, title, interest or estate belonging to or claimed by me mqy be concerned. 12. Le{{al Actions. To commence, prosecute, enforce or abandon, or to defend, answer, oppose, conftss, compromise or settle all claims, suits, actions or other judicial or administrative proceedings in which I am or mqy hereafter be interested, or in which atry property, right, title, interest or estate belonging to, coming to or claimed by me mqy be concerned. 13. Dividends. To receive all dividends which are or shall be pqyable on atry and all shares of stock in a'!Y cotporation which mqy stand in my name on the books of such corporation or to which I mqy be, in equity or othenvise, beneficiallY entitled,' or to elect to reinvest such dividendr, all as my agent mqy deem appropriate. 14. Vote Stock. To vote at all stockholder meetings of cotporations and othetwise to act as my pro~ or representative in respect of atry shares now held or which mqy hereafter be acquired by me therein and for that putpose to sigh and execute a'!Y proxies or other instruments in my name and on my beha(f. 15. Transfer of Stock. To sell, assign, tranifer, and deliver all and atry shares of stock standing in my name on the books of atry corporation, of which I mqy be, in equity or othenvise, beneficiallY entitled, and for that purpose to make and execute all necessary acts of assignment and tranifer. 16. Insurance and Emolovee BeneJit Plans. To redeem, surrender, borrow, extend, cancel, amend, pledge, alter or change, including change of beneficiary, atry insurance policies in which I mqy have an interest, as my agent mqy deem proper and expedient, and for such putpose to sign and execute atry documents, a./fidavits or forms required in my name. and on my behalf, except however, my agent shall have no power and authority over life insurance policies I mqy own on my agent's life; and to exercise all powers and options involving retirement programs, compensation plans, pension, profit sharing and other employee benefit plans. 17. Social Security and Govemmental BeneJits. To make application to atry governmental agenry for atry benefit or government obligation to which I mqy be entitled; to endorse atry checks or drafts made pqyable to me from atry government agenry for my benefit, including atry social security checks. 18. Business Interests. To continue to conduct or participate in atry business in which I mqy be engaged or to carry out, modify, or amend atry agreement to which I mqy be a party, and to sell, exchange" modify, or terminate such interest to or with such person and persons as my agent mqy deem proper and on such terms and with such security as my agent mqy deem appropriate; to execute partnership agreements, and amendments thereto; to incotporate, reot;ganize, met;ge, consolidate, recapitalize, sell, liquidate or dissolve atry business; to elect or employ ojficers, directors and agents; and to carry out the provisions of atry agreeme '!Y business interest or the stock therein. Bowers & Associates Law OjJices, PC P.O. Box 1550 Afto/l, WY 83]]0 (307) 885-2266 Page 2 of 5 , 00G003 19. Borrow. To borrow from time to time such sums of money and upon such terms as my said agent mqy think expedient for or in relation to atry purpose or object which my agent mqy deem proper or expedient, unsecured or upon the security of atry of my prvperty, whether real or personal or othetwise, and for such putpose to give, execute in my name, deliver, and acknowledge promissory notes and/ or renewals thereof, mortgages, pledges and guaranties with such powers and provisions as my agent mqy think proper or requisite. 20. Debts and Exoenses. To pqy, compromise, and settle a'!Y and all bills, loans, notes, or other forms of indebtedness owed by me at the present time, or which mqy be owed by me or incurred by my agent hereunder for my benefit at atry time in the future, and incur and pqy from atry of my assets or property all reasonable expenses in connection with control, management, and dependent upon me, including reasonable compensation for the services of my agent, and including the fees and chat;ges of such agents, attorneys, accountants, or others as my agent mqy, in the exercise of discretion, employ in the management of atry of my affairs. . 21. Investments. To invest and reinvest in loans, stocks, bondr, including United States Bondr purchased at a discount but redeemable at face value, securities, real estate, life insurance, annuities, or endowment policies or combinations thereof, or in atry other investment which my agent mqy deem proper,' to reduce the interest rate at a'!Y time and from time to time on atry mortgage or land contract; to deal with and give instructions to atry brokerage firm with respect to the purchase, sale or other disposition of securities and other assets; to add assets to or withdraw assets from atry account in my name and sign atry representation, certification or agreement, including agreements regarding mat;gin, option trading, or commodities accounts, that my agent deems advisable. 22. Personal and Medical Care. To the extent permitted by Wýoming law governingpowers of attorney for health care, to make each and every judgement necessary for the proper and adequate care and custo4Y of me and my familY; to hire, fire, employ, pqy for and dischat;ge such domestic help, nursing services, and practical and/ or registered nurses as my agent mqy determine to be in the best interest of my health; and to give an informed consent or an informed refusal on my beha!f with respect to my pf?ysical and mental health care and comfort, including specificallY, by wqy of illustration onlY and not by awqy of limitation: a. Atry medical care, diagnosis, sut;gical procedure, therapeutic procedure and/or other treatment of atry type or nature except convulsive treatment or p.!Jchosut;gery (or atry other treatment which mqy from time to time be listed as a treatment which mqy not be authorized by an attorney in fact for health care under Wýoming law); b. A'!Y pf?ysical rehabilitation program; c. Atry dental procedure; d. Atry p.!Jchiatric or p.!Jchological care or treatment except convulsive treatment or p.!Jchosut;gery; e. The admission to atry hospital, medical center, nursing home, but not including a mental health treatment facility; health; j The use of a'!Y drugs, medication, therapeutic devices, or other medicines or items related to my g. The execution of waivers, medical authorizations and such other approval as mqy be required to permit or authorize care which I mqy need,' h. The waiver of atry doctor/patient privilege; and in general to take and authorize all acts with respect to my health and well being, and to expend all amounts in connection therewith, to the same extent as I could, if mentallY competent to do so. The prices, costs, expenses and compensation incurred in furtherance of the foregoing are all to be within the sole and absolute discretion of my agent. 23. Anatomical Gífts. To donate my blood, a kidney, or other ot;gan or bo4Y part during my lifetime to a relative of mine, and upon my death. However, my bo4Y is not to be donated for use as a cadaver. 24. Gíft in Power. To continue a'!Y annual giftingprogram I have begun prior to my permanent incapacity, to individuals to whom I have made, or have expressed an intention in writing to make, at least one gift prior to that permanent incapacity. My agent shall decide from year to year, in her discretion, the persons to whom Bowers & Associates Law Offices, PC P.O. Box 1550 Afto/l, WY 831I0 (307) 885-2266 ~- Page 3 of 5 OOü004 such gifts would be made, which mqy include my agent, and mqy make gifts in amounts up to the maximum amount which mqy be gifted to each such person without the imposition of gift tax. 25. Terminate Life Suooort Systems. Determine whether and when life support shall be - - withdrawn from me. And to contest the fees and chat;ges of atry health care providers for services rendered by them contrary to my desire that life-sustaining procedures be withheld if they onlY serve to prolong the 4Yingprocess. OnlY the herein stated attorney-injact, other than myse!f mqy make these decisions. And all means of life support until he can be apprised of the situation and make atry contrary decision. With respect to the application of life-sustainingprocedures which would seroe onlY to artificiallY prolong the 4Yingprocess, by wqy of direction and inclusion, but not limitation, should I ever have an incurable if!Jury, disease or other illness or condition certified to be a terminal condition as provided for herein above, including irreversible brain damage that makes me unable to recognize people or swallow or I am in an untreatable coma with no chance or recover, I would not want these measures taken or I would want them to be discontinued it there is not improvement within a short time: · Involuntary nourishment and f?ydration; · Cardiopulmonary resuscitation to start my heart beating,' · Use of a respirator if I cannot breathe; · Feeding by a tube into the stomach; or · Treatment with antibiotics if pneumonia or atry other infections develop. 26. Restriction on Ag-ent's Powers. a. My agent cannot execute a Will or Codiczl on my behalf, b. My agent cannot execute atry trust on my beha!f; however, my agent can enter into a custodial agreement with a financial institution having trust powers; c. My agent cannot divert the beneficial use of my assets to himself, his creditors, or his estate (although my agent mqy have legal title to the same by virtue of joint ownership or othenvise); d. My agent shall not exercise, and shall not be vested with atry incidents of ownership as to insurance policies insuring my agent's life, owned by me; e. 1\{y agent is a fiduciary, possessing no general or limited power of appointment; j My agent shall not exercise atry powers which I received in a fiduciary capacity, and my agent shall have no authority to exercise atry powers, the exercise of which would cause assets of mine to be considered as taxable in my agent's estate for the purpose of the federal estate tax. g. My agent cannot consent to my commitment to or placement in a mental health treatment facility. h. My agent cannot consent to a'!Y convulsive treatment on my beha(f. 1. 1\{y agent cannot consent to p.rycho sUt;gery on my beha(f. 27. Special Ag-ent for BeneJit Planninf{. My special agent shall be authorized on my beha!f to take such steps as shall be necessary to ensure or enhance my eligibility for governmental medical and other benefits. The power of my special agent shall arise onlY with respect to transactions which might involve tranifers to my agent or the entry into contractual relationships with my agent in my agent's individual rather than fiduciary capacity. My special agent's power shall include but no be limited to: to enter into an agreement with my agent with respect to the division of assets which might be jointlY owned by myse!f and my agent; to make tranifers of property to my agent; to dischat;ge atry legal obligation of support I might have with respect to my agent; to acquire asset jointlY with my agent; to convert as to which might be considered in reducing available governmental benefits into assets which would be exempt from such consideration; to expend or acquire assets for the joint benefit of myse!f and my agent; and to take atry and all other actions which might retain, secure or enhance my eligibility for governmental benefit regardless of whether my agent might incidentallY benefit as well. Bowers & Associates Law Offices, PC P.O. Box 1550 AftO/l, WY 83]]0 (307) 885-2266 ~- - Page 4 of 5 000005 28. Interpretation and Governinf{ Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers is not intended to, not does it, limit or restrict the general powers herein granted to my agent. Paragraph headings are for convenience onlY and are not to be deemed to be part of this instrument. This instrument is executed and delivered in the State ofWýoming, and the laws of the State of Wýoming shall govern all questions as to the validity of this power and construction of its provisions. 29. Third-Party Reliance. Third parties mqy relY upon the representation of my agent as to all matters relating to atry power granted to my agent, and no person, who mqy act in reliance upon the representations of my agent or the authority granted to my agent shall incur a'!Y liability to me or my estate as a result ofpermitting my agent to exercise atry power, and for the putpose of inducing third parties to relY on this power of attorney, I warrant that, if this power is revoked b me or othetwise terminated, I will indemnify and save such third party harmless from a'!Y loss suffered or liability incurred by such third party in good faith reliance on the authority of my agent prior to such third party's actual knowledge of revocation or termination of this power of attorney whether such termination is by operation of law or othenvise. This warranty shall bind my heirs, devisees and personal representatives. 30. Effective Date of PrincioaJ. This power of attorney shall become effective immediatelY. 31. Photof{raohic Cooies. Photographic or other facsimile reproductions of this executed power mqy be made and delivered by my agent and mqy be relied upon by atry person to the same extent as though the copy were in original. Atryone who acts in reliance upon the representation or certificate of my agent, or upon a reproduction of this power, shall not be liable for permitting my agent to perform atry act pursuant to this power. I have signed and delivered this general durable power of attorney this ~ dqy of October, 2006. ~ WALKER P. INMAN, JR I declare under penalty of per;ury under the laws of Wýoming that the person who signed or acknowledged this document is personallY known to me to be the principal, that the principal signed acknowledged this durable power of attorney in my presence that the pn'nczþal appears to be of sound mind and under no duress, fraud, or undue influence, that I am not the person appointed as attorney in fact b this document, and that I am not a treating health care provider, an employee of a treating health care provider, the operator of a community care facility, an employee of an operator of a community care facz'lity, the operator of a residential care faczlity, nor an employee of an operator of a residential care facility. I further declare under penalty of per;ury under the laws of Wýoming that I am not related to the principal by blood, marriage, or adoption, and, to the best of my knowledge, I am not entitled to atry part of the estate of the principal under the death of the princzþal under a will now existing or b 0 eration of Ia.w. ~. ~ ì~~ STATE OF WYOMING ) )SS COUNTYOFUNCOLN ) The foregoing General Durable Power of Attorney was sworn to and acknowledged before me by WALKER P.INMAN,JR,grantor, ~J ~ . and ~~ ~A as witnesses, this -3- dqy of October, 2006. Witnesseth my hand and ojficz'al seal. ~'" ~ Ci~ NOTARY PUB C PAMELA J. CLEMENT· NOTARY PUBUC State of County of Wyoming Uncoln \\. rð" Dl¡, My Commission Expires 1\{y Commission Expires: Bowers & Associates Law Offices, PC P.O. Box 1550 Afto/l, WY 831I0 (307) 885-2266 ~ Page 5 of 5