HomeMy WebLinkAbout969393DURABLE POWER OF ATTORNEY
I, Rex K. Radford, residing at 754 Birch Creek Road, Etna, Wyoming 83118, hereby appoint
Dee J. Radford of 7120 Valco, Idaho Falls, Idaho 83401,
as my attorney -in -fact "Agent to exercise the powers and discretions described below.
This Power of Attorney shall not be affected by my subsequent incapacity.
I hereby revoke any and all general powers of attorney and special powers of attorney that
previously have been signed by me. However, the preceding sentence shall not have the effect of
revoking any powers of attorney that are directly related to my health care that previously have
been signed by me.
My Agent shall have full power and authority to act on my half. This power and authority shall
authorize my Agent to manage and conduct all of my affairs and to exercise all of my legal rights
and powers, including all rights and powers that I may acquire in the future. My Agent's powers
shall include, but not be limited to, the power to:
1. Open, maintain or close bank accounts (including, but not limited to, checking accounts,
Savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts,
and other similar accounts with financial institutions.
a. Conduct any business with any banking or financial institution with respect to any of
my accounts, including, but not limited to, making deposits and withdrawals, negotiating
or endorsing any checks or other instruments with respect to any such accounts,
obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates
or vouchers payable to me by any person, firm, corporation or political entity.
b. Add, delete or change beneficiaries to any financial accounts I own including
insurance policies, annuities, retirement accounts, payable on death savings or checking
accounts or other investments.
c. Perform any act necessary to deposit, negotiate, sell or transfer any note, security, or
draft of the United States of America, including U.S. Treasury Securities.
d. Have access to any safe deposit box that I might own, including its contents.
2. Provide for the support and protection of myself, my spouse, or of any minor child I have a
duty to support or have established a pattern of prior support, including, without limitation
provision for food, lodging, housing, medical services, recreation and travel;
3. Sell, exchange, buy, invest, or reinvest any assets or property owned by me. Such assets
or property may include income producing or non income producing assets and property.
U0199
RECEIVED 2/8/2013 at 11:48 AM
RECEIVING 969393
BOOK: 804 PAGE: 199
JEANNE WAGNER
LINCOLN COUNTY CLERK, KEMMERER, WY
4. Purchase and/or maintain insurance and annuity contracts, including life insurance upon my
life or the life of any other appropriate person.
5. Take any and all legal steps necessary to collect any amount or debt owed to me, or to
settle any claim, whether made against me or asserted on my behalf against any other person
or entity.
6. Enter into binding contracts on my behalf.
7. Exercise all stock rights on my behalf as my proxy, including all rights with respect to
stocks, bonds, debentures, commodities, options or other investments.
8. Maintain and/or operate any business that I may own.
9. Employ professional and business assistance as may be appropriate including attorneys,
accountants, and real estate Agents.
10. Sell, convey, lease, mortgage, manage, insure, improve, repair, or perform any other act
with respect to any of my property (now owned or later acquired) including, but not limited
to, real estate and real estate rights (including the right to remove tenants and to recover
possession). This includes the right to sell or encumber any homestead that I now own or may
own in the future.
11. Prepare, sign, and file documents with any governmental body or agency, including, but
not limited to, authorization to:
a. Prepare, sign and file income and other tax returns with federal, state, local, and other
governmental bodies.
b. Obtain information or documents from any government or its agencies, and represent
me in all tax matters, including the authority to negotiate, compromise, or settle any
matter with such government or agency.
c. Prepare applications, provide information, and perform any other act reasonably
Requested by any government or its agencies in connection with governmental benefits
(including medical, military and social security benefits), and to appoint anyone, including
My Agent, to act as my "Representative Payee" for the purpose of receiving Social
Security benefits.
12. Make gifts from my assets to members of my family and to such other persons or
charitable organizations with whom I have an established pattern of giving (or if it is
appropriate to make such gifts for estate planning and/or tax purposes), to file state and
federal gift tax returns, and to file a tax election to split gifts with my spouse, if any. No Agent
acting under this instrument, except as specifically authorized in this instrument, shall have the
power or authority to (a) gift, appoint, assign or designate any of my assets, interests or rights,
directly or indirectly, to such Agent, such Agent's estate, such Agent's creditors, or the
creditors of such Agent's estate, (b) exercise any powers of appointment I may hold in favor
of such Agent, such Agent's estate, such Agent's creditors, or the creditors of such Agent's
estate, or (c) use any of my assets to discharge any of such Agent's legal obligations, including
any obligations of support which such Agent may owe to others, excluding those whom I am
legally obligated to support.
13. To transfer any of my assets to the trustee of any revocable trust created by me, if such
trust is in existence at the time of such transfer.
14. To utilize my assets to fund a trust not created by me, but to which I have either
established a pattern of funding, or to fund a trust created by my Agent for my benefit or the
benefit of my dependents, heirs or devisees upon the advice of a financial adviser.
15. To create, sign, modify or revoke any trust agreement or other trust documents in an
attempt to manage or create a trust that was created for my benefit or the benefit of my
dependents, heirs or devisees. This shall include the creation, modification or revocation of
any interviews, family living, irrevocable or revocable trusts.
16. Subject other provisions of this document my Agent may disclaim any interest, which
might otherwise be transferred or distributed to me from any other person, estate, trust, or
other entity, as may be appropriate. However, my agent may not disclaim assets to which I
would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my
Agent or my Agent's estate. Provided that they are not the same person, my Agent may
disclaim assets which pass to my Gift Agent, and my Gift Agent may disclaim assets which
pass to my Agent.
17. Have access to my healthcare and medical records and statements regarding billing,
insurance and payments.
This Power of Attorney shall be construed broadly as a General Power of Attorney. The listing of
specific powers is not intended to limit or restrict the general powers granted in this Power of
Attorney in any matter.
Any power or authority granted to my Agent under this document shall be limited to the extent
necessary to prevent this Power of Attorney from causing, (i) my income to be taxable to my
Agent, (ii) my assets to be subject to a general power of appointment by my Agent, or (iii) my
Agent to have any incidents of ownership with respect to any life insurance policies that I may own
on the life of my Agent.
My Agent shall not be liable for any loss that results from a judgment error that was made in good
faith. However, my Agent shall be liable for willful misconduct or the failure to act in good faith
while acting under the authority of this Power of Attorney. A Successor Agent shall not be liable
for acts of a prior Agent.
No person who relies in good faith on the authority of my Agent under this instrument shall incur
any liability to me, my estate or my personal representative. I authorize my Agent to indemnify and
hold harmless any third party who accepts and acts under this document.
If any part of any provision of this instrument shall be invalid or unenforceable under applicable
law, such part shall be ineffective to the extent of such invalidity only, without in any way affecting
the remaining parts of such provision or the remaining provisions of this instrument.
My Agent shall be entitled to reasonable compensation for any services provided as my Agent.
My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of
carrying out any provision of this Power of Attorney.
My Agent shall provide an accounting for all funds handled and all acts performed as my Agent as
required under state law or upon my request or the request of any authorized personal
representative, fiduciary or court of record acting on my behalf.
This Power of Attorney shall become effective immediately, and shall not be affected by my
disability or lack of mental competence, except as may be provided otherwise by an applicable
state statute. This is a Durable Power of Attorney. This Power of Attorney shall continue effective
until my death. This Power of Attorney may be revoked by me at any time by providing written
notice to my Agent.
Dated November 23, 2012 at Idaho Falls, Idaho..
Rex K. Ra
This instrument was acknowledged before me on this 23` day of November,
2012 by Rex K. Radford.
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