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HomeMy WebLinkAbout893620Recording Requested By and When Recorded, Return to: Kendall A. VanConas Cohen and Cohen A Law Corporation 445 Rosewood Avenue Suite N Camarillo, CA 93010 893520 "SOOK535 PRP/.GE 509 UNIFORM STATUTORY FORM POWER OF ATTORNEY (California Probate Code Section 4401) NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. TI-IEY ARE EXPLAINED IN THE UNIFORM STATUTORY FORM POWER OF ATTORNEY ACT (CALIFORNIA PROBATE CODE SECTIONS 4400-446.5). IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TOMAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. I, ROBERT V. VICKERS, of 978 Cone August, Camarillo, California, 93010, appoint ESTHER L. VICKERS, of 978 Corte August, Camarillo, California, 93010, telephone number (805) 445-1905, as my agent (attorney-in-fact) to act for me in any lawful way with respect to the following initialed subjects: TO GRANT ALL OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF ON) AND IGNORE THE LINES IN FRONT OF THE OTHER POWERS. TO GRANT ONE 'OR MORE, BUT FEWER THAN ALL, OF THE FOLLOWING POWERS, INITIAL THE LINE IN FRONT OF EACH POWER YOU ARE GRANTING. TO WITHHOLD A POWER, DO NOT INITIAL THE LINE IN FRONT OF IT. YOU MAY, BUT NEED NOT, CROSS OUT EACH POWER WITHHELD. -1- INITIAL (A) (B) (C) (D) (E) (F) (O) (H) (I) (J) (K) (L) (M) · ' 510. Real property transactions Tangible personal property transactions Stock and bond transactions Commodity and option transactions Banking and other financial institution transactions Business operating transactions Insurance and annuity transactions Estate, trust, and other beneficiary transactions Claims and litigation Personal and family maintenance Benefits from social security, medicare, medicaid, or other governmental programs, or civil or military service Retirement plan transactions Tax matters ALL OF THE POWERS LISTED ABOVE YOU NEED NOT INITIAL ANY OTHER LINES IF YOU INITIAL LINE (N) SPECIAL INSTRUCTIONS I GIVE THE FOLLOWING SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO MY AGENT. Taxes and Tax Returns To prepare and file all income and other federal and state tax returns which I am required to file; to sign my name; hire preparers and advi'sors and pay for their services; and to do whatever is necessary to protect my assets from assessments for income taxes and other taxes for the years 1980 to 2010. The agent is specifically authorized to receive confidential information; to receive checks in payment of any refund of taxes, penalties, or interest; to execute waivers (including offers of waivers) of restrictions on assessment or collection of tax deficiencies and waivers of notice of disallowance of claims for credit or refund; to execute consents extending the statutory period for assessment or collection of taxes; to execute closing agreements under Internal Revenue Code section 7121 or any successor statute; and to delegate authority or substitute another representative with respect to all above matters. Safe Deposit Boxes To have access to all safe deposit boxes in my name or to which I am an authorized signatory; to contract with financial institutions for the maintenance and continuation of safe deposit boxes in my name; to add to and remove the contents of all such safe deposit boxes; and to terminate contracts for all such safe deposit boxes. -2- Estate Planning To make additions and transfer assets to any and all living revocable trusts of which I am a settlor; to create revocable or irrevocable living trusts for my benefit, or the benefit of my heirs or the legatees of my will, including the agent, and to transfer any of my assets to the trustee of such trust; to amend or revoke any trust and to instruct the trustee of any trust of which I am, or may be, a settlor or beneficiary. Sur)port for Issue To make direct payments to the provider for tuition and medical 'care for my issue tinder Internal Revenue Code section 2503(e) or any successor statute, which excludes such payments from gift tax liability. Credit Cards To use any credit cards in my name to make purchases and to sign charge slips on my behalf as may be required to use such credit cards; and to close my charge accounts and terminate my credit cards under circumstances where the agent considers such acts to be in my best interest. Public Benefits Planning The agent is authorized to apply for and to make any elections required to maximize and maintain any and all public benefits, governmental programs, insurance benefits, and retirement benefits to which I may be entitled or may in the future become entitled. Such public benefits shall expressly include, but not be limited to, Veteran's benefits, Social Security (SSA), Social Security Disability Insurance (SSDI), Medicare, Medi-Cal or Medicaid, In-Home Supportive Services (IHSS), and Supplemental Security Income (SSI). The agent is authorized to take any of the following actions, Whether advisable or necessary in order to make application for the benefits set forth above, or otherwise. This list is illustrative and not exhaustive: (a) Modify or revoke, in whole or in part, any trust which I have established; (b) Create a revocable or irrevocable trust, even' if to do so substantially modifies my current estate plan, even to the point of treating beneficiaries unequally and/or disinheriting certain beneficiaries; (c) Effect a transfer of my residence, or interest therein, to my spouse or to other permissible transferees under applicable laws and regulations then in effect, including agreeing to a transmutation of such residence to the separate property of my spouse; (d) Execute an occupancy agreement on my behalf concurrently with making a gift of any real property or interest therein; (e) Make gifts of my property, even to the extent such gifts may be in excess of the annual gift tax exclusion amount, to my spouse and to other permissible transferees; (f) Change the character of my property from comnmnity property to shares of separate property; -3- (g) Consent on my behalf to support orders sought and obtained by my spouse for my spouse's proper support and to avoid the spouse's impoverishment; (h). Transfer and transnmte ownership in any of my assets to my spouse, as my spouse's separate property, in order to, among and including other reasons, fund the Community Spouse Resource Allowance (CSRA) fully; (i) Consent to a change in beneficiary designations and/or, when appropriate, to a change in ownership, on my behalf as to all insurance policies, annuity policies, retirement plans, pension plans, and the like; and, (j) Take any and all other action that the agent, in his or her best judgment, considers necessary to accomplish the goals set forth herein regarding my qualification for, and continued receipt of, public benefits. Should it become necessary, the agent is hereby authorized to defend actions taken under the public benefits planning provisions, including but not limited to retaining legal counsel, hiring other professionals, and applying for such legal and professional services from my assets and income. For the purposes of public benefits plmming, the agent is authorized to (1) purchase any of my assets at fair market value, (2) transfer any of my assets, and (3) engage in any transactions which the agent considers to be in my best interest and in furtherance of the public benefits planning goals, irrespective of any concurrent interest or benefit that may be conferred to the agent personally. If any of my assets are held in a revocable trust, the agent is authorized to remove those assets fi'om such trust, to the extent that it is necessary to effect any of the above-described transfers of assets, or for general eligibility purposes. The agent is authorized to take possession of all such benefits and to distribute such benefits to me or for my benefit. Other Powers Generally to do, execute, and perform any other act, deed, matter, or thing, that in the opinion of the agent ought to be done, executed, or performed in conjunction with this power of attorney, of every kind and nature, as fully and effectively as I could do if personally present. The enumeration of specific items, acts, rights, or powers does not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers granted to the agent except where powers are expressly restricted. Prohibition of Powers Notwithstanding any other possible language to the contrary in this document, the agent is specifically not granted the following powers: (a) To use my assets for the agent's own legal obligations, including but not limited to support of the agent's dependents; and -4- (b) To exercise incidents of ownership over any life insurance policies that I own on the agent's life. ADDITIONAL PROVISIONS THE FOLLOWING ADDITIONAL PROVISIONS SHALL APPLY TO THIS POWER OF ATTORNEY: 1. If I have. designated more than one agent, the agents are to act jointly. 2. Any third party from whom my agent may request information or documents regarding my personal affairs may release and deliver all such information or documents to my agent. Any third party who receives a copy of this document may act under it, and I hereby waive any privilege that may apply to release of such inform ation or documents. 3. The powers granted herein may be revoked by me or by the conservator of my estate at any time by a notice, in writing, delivered to my agent. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree to indemnity the third party for any claims that arise against the third party because of reliance on this power of attorney. 4. If a conservator of my estate is to be appointed for me, I nominate my agent. Upon such appointment, this power of attorney shall terminate and my agent shall deliver my assets under my agent's control, as directed by the conservator of my estate. 5. If my agent is unable, unwilling or unavailable to serve, I hereby appoint the following persons to serve as my agent, in the order indicated. All references herein to my "agent" or my "attorney-in-fact" refer to the attorney in fact acting at the pertinent time: First, CYNTHIA J. VICKERS-THOMPSON 639 Via Marquesa Camarillo, CA 93012 (805) 383-0414 Second, MARK ALLEN VICKERS 7204 Arthur Rondo Ventura, CA 93003 (805) 647-1720 6. This power of attomey shall become effective only upon my incapacity, to be determined in accordance with the provision set forth below. If after being determined incapacitated I should regain my capacity as determined in accordance with the following, the powers granted herein to my attorney-in-fact shall cease. -5- 514 7. For purposes of this instrument, I shall be deemed "incapacitated" if, and for so long as: (a) It is so certified in writing by two physicians duly licensed to practice under the laws of the state where I am domiciled at the time of certification, that I am unable to properly care for myself, or for my property; (b) A guardian of conservator of my estate or person has been appointed by a court of competent jurisdiction; or, (c) A court of competent jurisdiction has made a finding to that effect. IN WITNESS WHEREOF, the principal has signed this Springing Durable Power of Attorney for Asset Management on April 8, 2002. ROBERT V. VICKERS Principal STATE OF CALIFORNIA ) ) COUNTY OF VENTURA ) On April 8, 2002, before me, JUANITA L. STEWART, Notary Public, personally appem'ed ROBERT V. VICKERS, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and aclmowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Jfi~. ANITA L. STEWART l~y commission expires 9/15/04 (Seal) -6- · . 515 ATTORNEY CERTIFICATE REGARDING LIMITATION ON AUTHORITY TO PETITION A COURT I am a lawyer authorized to practice law before all courts of the State of California where this power of attorney was executed. The principal was my client at the time this power of attorney was executed. I have advised my client concerning his rights in connection with this power of attorney and the applicable law and the consequences of signing or not signing this power of attorney. My client, after being so advised, has executed this power of attorney. I declare under penalty of perjury under the laws of the State of California that the above is true and correct and that this certificate was executed at Camarillo, California on April 8, 2002. KENDALL A. VAN CONAS -7-