HomeMy WebLinkAbout964497GENERAL DURABLE POWER OF Al I ORIVEY
1, AARON MILLER, Social Security No. the
undersigned, domiciled at Cokeville, Lincoln County, Wyoming, do hereby make,
constitute, and appoint GARY A. MILLER, Social Security No
residing at Cokeville, Wyoming as my attorney-in-fact (herein called agent), or if he is
unable to act as such for any reason, I appoint KAY MILLER, Social Security No.
residing at Cokeville, Wyoming, as my .special and substitute
attorney -nr fact (herein called special cogent with respect only to those powers
described in #27 below), with the following powers to be exercised in my name and fin•
my benefit:
1. General Grant of Power. To exercise or perform any act, power, duty,
right or obligation whatsoever that I now have or may hereafter acquire, relating to
any person. mutter, transaction or property, real or personal, tangible or intangible,
now owned or hereafter acquired by roe, including, without limitation, the following
specifically enumerated powers. 1 grant to my agent jidl power and authority to do
everything necessary in exercising any of the powers herein granted as fitlly 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 kawfidly do or cause to be done by
virtue oj'this power of attorney and the powers herein granted.
2. Collection Powers. To forgive, request demand, sue for, recover, collect,
receive. and hold all such suns of money. debts, dues, commercial paper, checks,
dreifts. accounts, deposits, legacies, bequests, devises, notes, interests, stock certificates,
bonds, 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, payable or belonging to. me or in which 1 have or may heater
acquire an interest: to lave, use. and take all lawful means and equitable and legal
remedies and proceedings in niy name for the collection and recovery thereof and to
adjust, sell, compromise, and agree for the same, and to execute and deliver for ore, on
my behalf, and in my none, all endorsements, releases, receipts, or other sufficient
discharges for the same.
3. Real Property Powers. To bargain, contract, agree for, option,
purchase, acquire, receive, improve, maintain, repair, insue, plat, partition,
safeguard, lease. demise. grant, bargain, sell, assign, transfer, remise, release,
exchange, convey. mortgage, and hypothecate real estate and any interest therein (and
including any interest which 1 hold with any other person as joint tenants with jirll
rights of survivorship, or as tenants by the entireties), kinds, tenements and
hereditamenis, for such price, upon such terms and conditions, as my agent shall
determine.
4. Personal Property Powers. To bargain, contract. agree /or. purchase.
option. acquire, receive, improve, maintain. repair, insure, safeguard, lease, assign,
sell. exchange, redeem. transfer, mortgage, hypothecate and in any and every way and
manner deal in and with goods, wares, merchandise, furniture and fiurnishings,
automobiles, bills, notes, debentures, bonds, stocks, limited partnership interests,
certificates of deposit, conrnercial paper, money market irrstrunzents, 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 rnante, 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. hypothecations. bills of lading, bills, bonds,
debentures. notes. receipts, evidences of debts, releases and satisfaction of mortgage.
Parable Pourer ofAttornctr
AA RON 111i.LER
Page 1 of 7
00881
RECEIVED 5/11/2012 at 10:09 AM
RECEIVING 964497
BOOK: 785 PAGE: 881
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
judgments and other debts, waivers of statutes of limitations, and such other
documents and instruments in writing of whatever kind and nature as may be
necessary or proper in the premises, as fully as I might do if done in my own capacity.
6. Banking_powers. To make, draw, sign in my name, deliver and execute
checks, drafts, receipts for moneys, notes, or other orders for the payment of money
against, or otherwise make withdrawals from any commercial, checking or savings
account which I may have in my sole name or in joint name with other person(s), in
any bank or financial institution, for any purpose which my agent may 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 payment of money
and to deposit same, as cash or for collection, and into my commercial, checking or
savings account which I may have in my sole name or in joint name with other
person(s), in any bank or financial institution; and to carry on all my ordinary
banking business.
7. Tax Returns. To prepare, execute, and file reports, returns, declarations,
forms and statements for any and all tax purposes including income tax, gift tax, real
estate tax, personal property tax, intangibles tax, single business tax, or any other kind
of tax whatsoever, to pay such taxes and any interest or penalty thereon or additions
thereto; to make and file objections, protests, claims for abatement, refund or credit in
relation to any such tax proposed, levied or paid; to represent me and to institute and
prosecute proceedings in court or before any administrative authority to contest any
such tax in whole or in part or for recovery of any amount paid in respect of any such
tax, to defend or settle any amount paid in respect of any such tax, to give full and final
receipt for any refund or credit and to endorse and collect any check or other vouchers
therefore; to pay any and all such taxes and any interest, penalty or other additional
amounts; to employ attorneys, accountants, or other representatives and grant powers
of attorney of letters of appointment thereof for any of the purposes aforesaid.
8. Safe Deposit Box. To have any safe deposit box of which I am a tenant
or co- tenant 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 any rental
contract therefor, and to do all things which any depository, association, or bank or its
agents may require, hereby releasing the lessor from all liability in connection
therewith.
9. Employ Agent. To employ and compensate agents, accountants,
attorneys, financial consultants, real estate brokers and other professional
assistants and to retain and compensate such persons for services rendered; and to
waive any attorney /client privilege.
ao. Motor Vehiclees. To apply for a Certificate of Title upon, and endorse
and transfer title thereto, for any automobile, or other motor vehicle, and to represent
in such transfer assignment that the title to said motor vehicles is free and clear of all
liens and encumbrances except those specifically set forth in such transfer assignment.
as. Settlement Powers. To adjust, settle, compromise, or submit to
arbitration any accounts, debts, claims, demands, disputes or matters which are now
subsisting or may hereafter arise between me and my agent and any other person or
persons, or in which any property, right, title, interest or estate belonging to or claimed
by me may be concerned.
ae. Legal Actions. To commence, prosecute, enforce or abandon, or to
defend, answer, oppose, confess, compromise or settle all claims, suits, actions or other
judicial or administrative proceedings in which I am or may hereafter be interested, or
in which any property, right, title, interest or estate belonging to, coming to or claimed
by me may be concerned.
13. Dividends. To receive all dividends which are or shall be payable on
any and all shares of stock in any corporation which may stand in my name on the
Durable Power of Attorney
AARON MILLER
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00882
books of such corporation or to which I may be, in equity or otherwise, beneficially
entitled; or to elect to reinvest such dividends, all as my agent may deem appropriate.
14. Vote Stock. To vote at all stockholder meetings of corporations and
otherwise to act as my proxy or representative in respect of any shares now held or
which may hereafter be acquired by me therein and for that purpose to sigh and
execute any proxies or other instruments in my name and on my behalf.
15. Tra er of Stock. To sell, assign, transfer, and deliver all and any
shares of stock standing in my name on the books of any corporation, of which I may
be, in equity or otherwise, beneficially entitled, and for that purpose to make and
execute all necessary acts of assignment and transfer.
16. Insurance and Employee Benefit Plazas. To redeem, surrender,
borrow, extend, cancel, amend, pledge, alter or change, including change of
beneficiary, any insurance policies in which I may have an interest, as my agent may
deem proper and expedient, and for such purpose to sign and execute any documents,
a 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 may 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 Seeurritu and Qaovcrnnaentaad Benefits. To make application
to any governmental agency for any benefit or government obligation to which I may
be entitled; to endorse any checks or drafts made payable to me from any government
agency for my benefit, including any social security checks.
18. Business Intereds. To continue to conduct or participate in any
business in which I may be engaged or to carry out, modify, or amend any agreement
to which I may be a party, and to sell, exchange„ modify, or terminate such interest to
or with such person and persons as my agent may deem proper and on such terms and
with such security as my agent may deem appropriate; to execute partnership
agreements, and amendments thereto; to incorporate, reorganize, merge, consolidate,
recapitalize, sell, liquidate or dissolve any business; to elect or employ officers,
directors and agents; and to carry out the provisions of any agreement for the sale of
any business interest or the stock therein.
ag. Borrow. To borrow from time to time such sums of money and upon
such terms as my said agent may think expedient for or in relation to any purpose or
object which my agent may deem proper or expedient, unsecured or upon the security
of any of my property, whether real or personal or otherwise, and for such purpose 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 may think proper or requisite.
20. Debts and Expenses. To pay, compromise, and settle any and all bills,
loans, notes, or other forms of indebtedness owed by me at the present time, or which
may be owed by me or incurred by my agent hereunder for my benefit at any time in
the future, and incur and pay from any 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
charges of such agents, attorneys, accountants, or others as my agent may, in the
exercise of discretion, employ in the management of any of my affairs.
21. investments. To invest and reinvest in loans, stocks, bonds, including
United States Bonds purchased at a discount but redeemable at face value, securities,
real estate, life insurance, annuities, or endowment policies or combinations thereof, or
in any other investment which my agent may deem pr oper, to reduce the interest rate
at any time and from time to time on any mortgage or land contract; to deal with and
give instructions to any brokerage firm with respect to the purchase, sale or other
disposition of securities and other assets; to add assets to or withdraw assets from any
account in my name and sign any representation, certification or agreement, including
Durable Power ofAttorney
AARON MILLER
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)883
agreements regarding margin, option trading, or commodities accounts, that my
agent deems advisable.
22. Personaal aand ZIeadicaal Core. To the extent permitted by Wyoming
law governing powers of attorney for health care, to make each and every judgment
necessary for the proper and adequate care and custody of me and my family; to hire,
fire, employ, pay for and discharge such domestic help, nursing services, and practical
and /or registered nurses as my agent may determine to be in the best interest of my
health; and to give an informed consent or an informed refusal on my behalf with
respect to my physical and mental health care and comfort, including specifically, by
way of illustration only and not by away of limitation:
a. Any medical care, diagnosis, surgical procedure, therapeutic
procedure and /or other treatment of any type or nature except convulsive treatment or
psychosurgery (or any other treatment which may from time to time be Iisted as a
treatment which may not be authorized by an attorney in fact for health care under
Wyoming law);
b. Any physical rehabilitation program;
c. Any dental procedure;
d. Any psychiatric or psychological care or treatment except convulsive
treatment or psychosurgery;
e. The admission to any hospital, medical center, nursing home, but not
including a mental health treatment facility;
f. The use of any drugs, medication, therapeutic devices, or other
medicines or items related to my health;
g. The execution of waivers, medical authorizations and such other
approval as may be required to permit or authorize care which I may need;
h. The waiver of any 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. Anaatosnicaal Gifts. To donate my blood, a kidney, or other organ or
body part during my lifetime to a relative of mine, and upon my death. However, my
body is not to be donated for use as a cadaver.
2z. clad$ in Power. To continue any annual gifting program 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 Ieast one gift prior to that permanent
incapacity. My agent shall decide from year to year, in her discretion, the persons to
whom such gifts would be made, which may include my agent, and may make gifts in
amounts up to the maximum amount which may be gifted to each such person without
the imposition of gift tax.
25. Terminate We &uanpnrt Systems. Determine whether and when life
support shall be withdrawn from me. And to contest the fees and charges of any 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 dying process. Only the herein
stated attorney-in-fact, other than myself may make these decisions. And all means of
life support until he can be apprised of the situation and make any contrary decision.
With respect to the application of life- sustaining procedures which would serve
Durable Power ofAttorney
AARON MILLER
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00884
only to artificially prolong the dying process, by way of direction and inclusion, but not
limitation, should I ever have an incurable injury, 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 if there is not improvement within a short time:
o Involuntary nourishment and hydration;
o Cardiopulmonary resuscitation to start my heart beating;
o Use of a respirator if I cannot breathe;
o Feeding by a tube into the stomach; or
o Treatment with antibiotics if pneumonia or any other infections develop.
26. Restriction on Agent t Powers.
a. My agent cannot execute a Will or Codicil on my behalf,
b. My agent cannot execute any trust on my behalf; 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 may have legal title to the same by virtue of
joint ownership or otherwise);
d. My agent shall not exercise, and shall not be vested with any incidents of
ownership as to insurance policies insuring my agent life, owned by me;
e. My agent is a fiduciary, possessing no general or limited power of
appointment;
f. My agent shall not exercise any powers which I received in a fiduciary
capacity, and my agent shall have no authority to exercise any powers, the exercise of
which would cause assets of mine to be considered as taxable in my agents 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 any convulsive treatment on my behalf.
i. My agent cannot consent to psycho surgery on my behalf.
27. Special Agent for Benefit Pi r nni ng. My special agent shall be
authorized on my behalf 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 transfers to my
agent or the entry into contractual relationships with my agent in my agent s
individual rather than fiduciary capacity. My special agent power shall include but
not be limited to: to enter into an agreement with my agent with respect to the division
of assets which might be jointly owned by myself and my agent; to make transfers of
property to my agent; to discharge any 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 myself and my agent; and to take any 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.
28. Interpretation and Coaverning 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, nor does it, limit or restrict the general powers
herein granted to my agent. Paragraph headings are for convenience only and are not
Durable Power of Attorney
AARON MILLER
Page 5 of
00885
to be deemed to be part of this instrument. This instrument is executed and delivered in
the State of Wyoming, and the laws of the State of Wyoming shall govern all questions
as to the validity of this power and construction of its provisions.
29. Third -Party Reliance. Third parties may rely upon the
representation of my agent as to all matters relating to any power granted to my
agent, and no person, who may act in reliance upon the representations of my agent or
the authority granted to my agent shall incur any liability to me or my estate as a
result of permitting my agent to exercise any power, and for the purpose of inducing
third parties to rely on this power of attorney, I warrant that, if this power is revoked
by me or otherwise terminated, I will indemnify and save such third party harmless
from any 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 otherwise. This warranty shall bind my heirs, devisees and personal
representatives.
30. Disability of Principal. This power of attorney shall become effective
upon my disability or incapacity. The authority of my agent shall be exercisable
notwithstanding any uncertainty as to whether I am alive. I shall be deemed disabled
or incapacitated upon the election by my agent to accept the written opinion of two
licensed physicians, one of which shall be the attending physician or otherwise shall
have previously rendered services to me, stating that I am incapacitated through
illness, age, or other cause and that I am therefore incapable of attending to my
business affairs. Any act done by my agent during any period of my disability or
incompetence or during any period of uncertainty as to whether I am alive shall have
the same effect as though I were alive, competent, and not disable, and shall inure to
the benefit of and by me, my heirs, devisees, and personal representatives.
31. Photographic Copies. Photographic or other facsimile reproductions
of this executed power may be made and delivered by my agent and may be relied upon
by any person to the same extent as though the copy were in original. Anyone 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 any
act pursuant to this power.
I ,�ave signed and delivered this general durable power of attorney this
day of RZ(. 2012.
Durable Power of Attorney
AARON MILLER
Page 6of
I declare under penalty of perjury under the laws of Wyoming 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 principal 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 by 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 facility, the operator of a residential care facility, nor an
employee of an operator of a residential care facility. I further declare under penalty of
per jury under the laws of Wyoming 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 any part
of the estate of the principal under the death of the principal under a will now existing
or by operation of law.
00886
STATE OF
)ss
COUNTY OF LINCOLN
Theforegoing General Durable Power ofAttorney was ,u ornr to and
acknowl
d e Iged before me by AARON MILLER, grantor. ✓r1 /te7e
and d S• Y'/,s/)e..?" as witnesses, tIris_ 6 day of
2 4i i Zota.
i4'itnesseth my hand and q(ficial seal.
My Commission EtTir•e s:
fi
My Commission Expires
September 5, 2014
Durable Power ofAttomey
AARON MILLER
Page 7 <f7
eteiL
NOTARY PUBLIC
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00887