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HomeMy WebLinkAbout972533CAUTION: This is an itnportant legal document and upon proper execution will create -a Durable Power of Attorney. This gives the person whom you designate as your attorney -in -fact broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you. These powers will continue to exist even if you become disabled or incompetent. You do have the right to terminate or revoke the Power of Attorney and any or all powers granted within at any time up to the point of your incapacity. This document does not authorize anyone to make medical or other health care decisions. You may execute a health care proxy (also known as a health care or medical power of attorney) to do -this. If there is anything about this document that you do not understand, you should ask a lawyer to explain it to you. THIS DURABLE POWER OF ATTORNEY for financial management is given by me, Olga J. Shimanin (the "Principal presently -of P.O. Box 493, Diamondvil-le, in the State -of Wyoming, -on this 5-th day of August, 2013. Nature of Power 1. THIS IS A DURABLE POWER OF ATTORNEY and the authority of my Attorney -in -fact shall not terminate if I become disabled or incapacitated. Previous Power of Attorney I REVOKE -any previous durable power-of-attorney granted-by ine. RECEIVED 8/8/2013 at 1:15 PM RECEIVING 972533 BOOK: 817 PAGE: 494 JEANNE WAGNER LINCOLN COUNTY CLERK, KEMMERER, WY 041) DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT WARNING TO PERSON EXECUTING THIS DOCUMENT THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT Attorney -in -fact 3. I APPOINT Francine M. Schoen, of P.O. Box 349, Cheyenne, Wyoming, to act as my Attorney -in- fact. Governing Law 4. This document will be governed -by the laws of the State of Wyoming: Further, my Attorney -in -fact is directed to act in accordance with the laws of the State of Wyoming at any time he or she may be acting on -my -behalf.. �C� Liability of Attorney -in -fact 5. My Attorney -in -fact will not be liable to -me, -my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence. Effective Date 6. Power of Attorney will start immediately and will continue notwithstanding my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney. Powers of Attorney -in -fact 7. My Attorney -in -fact will have the following power(s): Initials a. X Real Estate Transactions Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect -rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein; and ii. Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for -any such ptupose. To deal with any interest I may have in real property and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to: b. X V lea Lain Property -and Make Investments To retain any assets owned by me at the date this Durable Power of Attorney becomes effective, -and the power to reinvest those assets in similar investments. In addition, my Attorney -in -fact may invest my assets in any new investments, of his or her choosing, regardless -of whether -or not they are authorized by -any applicable legislation. c. nking Transactions 0495 To do any act that I can do through an attorney -in -fact with a bank or other financial institution. This power includes, but is not limited to, the power to: e. 0496 i. 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; ii. 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 certif cafes or vouchers payable to me by any person, fine, corporation or political entity; iii. Borrow money from any banking or financial institution if deemed necessary by my Attorney -in -fact, and to manage all aspects of the loan process, including the placement of security and the negotiation -of terms; iv. 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; v. Have access to any safe deposit box that I might own, including its contents; and vi. Create and deliver any financial statements necessary to or from any bank or financial institution. d. X )UBuk iness Operating Transactions To take any action my Attorney -in -fact deems necessary with any business that I may own or have an interest in by -doing any act which can be done through an attorney -in -fact. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or- dissolve any business; to elect or employ officers, directors -and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy. ranee Transactions To do -any act that I can do through an attorney -in -fact with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate polic -ies, manage all cash payouts, borrow from insurers -and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Attorney -in -fact was already a beneficiary of any policy before the signing of this document, my Attorney -in -fact cannot name himself or herselfas a beneficiary -of such policy. g f. X V aims and Litigation Matters To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and -all actions, suits, attachments or -other legal proceedings for -or against me. This power includes, but is not limited to, the power to: appear on my behalf or retain an attorney and any other professional personnel necessary to defend or assert any claim before any court, board, or tribunal, and the power to settle any claim against me in whichever forum or manner my Attorney -m fact deems prudent, and to receive or pay any resulting settlement. Matters h. X overnrnent Benefits i. X etirement Benefit Transactions 0497 To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to: i. Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and ii. 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. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Attorney -in -fact sees fit, any proceeds of any claim. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Attorney -in -fact cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document. k. M. X Family. Care To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement -of me, my spouse and dependent chi- ldren, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney -in -fact. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs. n. X 1 U \Gift Transactions ttel and Goods Transactions Estate Transactions w ing Trust Transactions 0498 To purchase, sell or otherwise deal with any type of personal property T may currently or in the future have an interest in. This includes, -but .is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge. To do any act that I can do through an attorney -in -fact with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to 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 Attorney in- fact cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney -in -fact or my Attorney in- fact's estate. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is inexistence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom T have an established pattern of giving Or if it is appropriate to make such gifts for estate planning and /or tax purposes), in such amounts as my Attorney -in -fact may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements. o. X Char p• Transactions To continue to make gifts to 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), in such amounts as my Attomey -in -fact may decide in his or her absolute discretion, having regard -to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income _requirements. iploy Required Professionals 0499 To appoint and employ any agents, servants, companions, or other persons, including nurses and other -health care professionals for_ my care -and -the care ofmy spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Attorney -in -fact considers advisable. General Authority To do any act or thing that I could do in my own proper person if personally present, including managing or selling tangible assets, disclaiming a probate or non- probate inheritance and providing support for a minor child or dependent adult. Other specifically enumerated powers are not intended as a limitation on this broad general power. Attorney -in -fact Compensation 8. My Attorney -in -fact will receive no compensation except for the reimbursement -of all -out of pocket expenses associated with the carrying out of my wishes. Co- owning of Assets and Mixing of Funds 9. My Attorney -in -fact may continue to co -own assets and have any funds owned by him or her mixed with my funds to the same extent that the co- owning of assets and mixing of funds existed before operation of this Power of Attorney. Personal Gain from Managing My Affairs 10. My Attorney -in -fact is allowed to personally gain from any transaction he or she may complete on niy behalf if the transaction is completed in good faith and with -my Attorney -in -fact believing it is in my best interest. 0 500 Delegation of Authority 11. My Attorney-in-fact -may delegate -any authority granted -under this document -to a person -of his -or her choosing. Any delegation must be in writing and state the extent of the power delegated and the period of time in which the delegation will be effective. Nomination of Guardian or Conservator 12. In the event that a court decides that it is necessary to appoint a guardian or conservator for me, I hereby nominate my Attorney -in -fact to be considered by the court for appointment to serve as my guardian -or conservator, or in any similar representative capacity. Attorney -in -fact Restrictions 13. This Power of Attorney is not subjec -t to any conditions or restrictions -other than those noted above. Notice to Third Parties 14. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Attorney -in -fact as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal's heirs, assigns, or estate as a result of permitting the Attorney -in -fact to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation -of this Power of Attorney will not be -effective as to a third party until the third party receives notice and has actual knowledge of the revocation. Severability 15. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts -of such provisions -or the remaining provisions of -this _document. Acknowledgment 1.6. I, Olga J. Shimmin, .being the Principal named in this Durable Power of Attorney hereby acknowledge: a. I have read and understand the nature and effect of this Durable Power of Attorney; b. I recognize that this document gives my Attorney -in -fact broad powers -over my assets, and that these powers will continue past the point of my incapacity; c. I am of legal age in the State of Wyoming to grant a Durable Power of Attorney; and d. I am voluntarily giving this Durable Power of Attorney and recognize that the powers given in this document will become effective as of the date -of my incapacity or-as specified within. IN WITNESS WHEREOF I hereunto set my hand and seal at the City of Diarnondville in the State of Wyoming, this 5th day of August, 2013. SIGNED, SEALED, AND DELIVERED in the presence of: Olga J Shimmin (Principal) STATE OF WYOMING COUNTY OF Witness my hand and official Notaiy Public My commission expires: IneDl NOTARY ACKNOWLEDGMENT The foregoing instrument was acknowledged before me by Olga J. Shiirunin, this 5th day of August, 2013. DonnEtta Fox Notary Public County of Lincoln My Commission Expires State of WYo} ing 0502