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HomeMy WebLinkAbout963270STATE OF WYOMING COUNTY OF SUBLETTE DURABLE POWER OF ATTORNEY ss. RECEIVED 2/17/2012 at 11:41 AM RECEIVING 963270 BOOK: 781 PAGE: 415 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY KNOW ALL MEN BY THESE PRESENTS that I, INEZ M. DEVENY, SSN revoke all powers of attorney by me heretofore granted, and do hereby make, constitute, and appoint DELMAR C. DEVENY, and if at any time and for any reason he is unable or unwilling so to act, then DEAN E. DEVENY, my true and lawful attorney in fact for me and in my name, place, and stead, and on my behalf, and for my use and benefit: 1. To 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 person, item, transaction, thing, business property, real or personal, tangible or intangible, or matter whatsoever; 2. To 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 transfer, assign, adjust, sell, compromise, and agree for the same, and to make, execute, and deliver for me, on my behalf, and in my name, all indorsements, acquittances, releases, receipts, or other sufficient discharges for the same; 3. To 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 therein, on such terms and conditions, and under such covenants, as said attorney in fact shall deem proper; 4. To maintain, repair, improve, manage, insure, rent, lease, sell, convey, assign, subject to liens, mortgage, subject to deeds of trust, release, 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; 5. To conduct, engage in, and transact any and all lawful business of whatever nature or kind for me, on my behalf, and in my name; 00416 6. To make, receive, sign, indorse, execute, acknowledge, deliver, and possess such applications, contracts, agreements, options, covenants, conveyances, deeds, trust deeds, security agreements, bills of sale, leases, mortgages, assignments, insurance policies, 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, withdrawal receipts and deposit instruments relating to accounts or 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 proper in the exercise of the rights and powers herein granted; 7. To the extent allowed by applicable law, to execute a revocable trust agreement for my benefit and with such trustee(s) and successor trustees as said attorney in fact shall select. Such trust shall provide that all income and principal shall be paid to me, or applied for my benefit in such amounts as I or said attorney in fact shall direct and request, or as the trustee shall determine are appropriate. Such trust may also provide for payment of income and principal to another person for my benefit. Such trust shall further provide that upon my death, any remaining income and principal shall be paid to my personal representative, and that the trust may be revoked or amended by me or said attorney in fact at any time so long as such amendment or revocation does not materially alter the ultimate disposition of my estate under an existing Will or other inter vivos trust. Any amendment must be such that it could have been included in the original trust, with the exception of a provision that becomes necessary or important because of a change in law or circumstances. The trustee may be said attorney in fact as sole trustee or as one of two or more trustees; 8. To transfer all and any assets, including any rights to receive income or assets from any source, to the trustee(s) of any trust agreement created by me or by said attorney in fact before or after the execution of this instrument, as to which trust I am, during my lifetime, a primary income and /or principal beneficiary; 9. To withdraw and /or receive income or principal from any trust regarding which I have a right of withdrawal or receipt; to request and to receive the income of principal of any trust regarding which the trustee has discretionary authority to make distributions to or on my behalf and to execute any receipt, release, or other document that may be required of me by such trustee; 10. I grant to said attorney in fact full power to do, take, and perform all 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; 11. I agree that any third party who receives a copy of this document may act under it. Revocation of this 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 claim that arises against the third party because of reliance on this Durable Power of attorney; 12. This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific items, rights, acts, or powers herein is not intended to, nor does it, limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers herein granted to said attorney in fact; 13. This power of attorney shall become effective upon my disability or incapacity. The rights, powers, and authority of said attorney in fact herein granted shall commence and be in full force and effect on the date my attending physician, in his sole, independent judgment, gives his written opinion that he considers me to be unable, unassisted, to properly manage and take care of myself or my property as a result of advanced age, physical disability, disease, mental illness or mental deficiency, and shall continue so long as such disability exists. DATED this g day of OC -L1-4darv 1998. The foregoing instrument was subscribed, sworn to and acknowledged before me this 9V day of OCJbe.v 1998, by INEZ M. DEVENY. WITNESS my hand and official seal. DEBI It. auuNO. NOTARY PUBLIC County Of State of Sublette Wyoming My Commission Expires Sept. 14, 2000 Notary Public 00417 INEZ 4101 VENY P. 0. Box 214 LaBarge, WY 83123 -(i(014/1c, Insta -CARE January 17, 2012 RE: Deveny, Inez DOB 06/08/1940 To Whom it may Concern: I am writing on behalf of Inez Deveny, to assist in the granting of Medical Durable Power of Attorney to her husband, Delmar Deveny. Mrs. Deveny has been suffering for several years with progressive and irreversible dementia, which has progressed at this time to the point that she is no longer capable of caring for herself, or making decisions regarding her care. It is within her best interests that Mr. Deveny be granted Power of Attorney at this time, as directed in her primary POA document dated 22 October 1998. Please direct any questions in regards to this issue to our office at the number listed above. Thank you. Respectfully, rner, M. Darcy Turner, M.D. _32-3064 Rich Anderson, PA -C 2761 Commercial Way Jon Said, PA Rock Springs, WY 82901 00118