HomeMy WebLinkAbout876368 ' ~ GENERAL POWER· OF ATTORNEY
875368 '
PREAP~LE'. This is a MILITARY POWER OF ATTO~~' ~e~r~d~ 9~'1 ~'~" '" ^
pursuant to Title i0, United States Code., § 1044b,.i~a~,~exe.cmt~
by a person authorized to receive legal
military services. Federal law exempts this power of attorney
from any requirement of form, substance, formality, or recording
that is prescribed for povers of attorney by the laws of a
state, the District of Columbia, or a territory, commonwealth,
or possession of the United States. Federal law specifies that
this power of attorney shall be given the same legal effect as a
power of attorney prepared and executed in accordance with the
laws of the jurisdiction where it is presented.
KNOW ALL PERSONS BY THESE PRESENTS:
That I, William J. Claye~ Social Security Number 520-84-9813,
currently residing in the Commonwealth of Puerto Rico, by this
document do make and appoint Rita J. Claye, whose address is ]?0
Box 5097, Etna, WY 85.~18, as my true and lawful attorney-in-
fact,
GIVING AND GRANTING unto my 'said attorney-in-fact full power and
authority to do and perform all and every act and .thing
Whatsoever requisite and necessary to be done in and about the
~premises, as fully 'to all intents and purposes as I might or
could do if personally present, to wit:
1. REAL PROPERTY TRANSACTIONS: (a) to buy, contract to buy,
.receive, lease or · rent for any term, accept, or otherwise
acquire real estate or. any options thereon or interests therein,
including any and all rights for the development of oil, gas
other mineral deposits, wherever sitUated, on such terms,
conditions and considerations as my attorney-in-fact shall deem
proper, in my name, or jointly in my name and that of any other
party or parties.including my attorney-in-fact;
(b) to sell, contract to sell, mortgage, encumber,
exchange, lease or rent for any term, ·grant options to purcha~se
or otherwise dispose of any or all real estate in which
have or may hereafter . acquire any right, title or interest:,
including any and all right for the development of oil, gas or
other mineral deposits, whether such real estate be homestead or
non-homeStead, or whether .such real estate be owned as community
property,.. .. in joint ·tenancy, tenancy, by the entireties, tenancy
in common Or 'in any other manner or capacity, and in my name, or
jointly with any other party or parties, including my attorney-
in-fact, on such terms, conditions and considerations as my
attorney-in-fact shall deem proper to sign, seal, execute,
acknowledge and deliver any and all instruments in writing of
any kind and nature, as may be necessary or convenient,
containing such' terms my said attorney-in-fact shall deem
advisable, and further to waive, relinquish and convey any
homestead estates, rights under homestead exemption laws, dower
or curtsey estates, and all other rights or interest to which I
may at any time be entitled;
(c) to manage, utilize, conserve, demol~ish, repair,
rebuild, alter or improve any real estate or structure thereon,
owned or claimed to be owned by me in whole or in part, and to
protect the same by action, proceeding or otherwise, including,
but not limited to, the recovery of possession thereof and the
removal of tenants or .other persons, animals or objects
therefrom.
2. PERSONAL PROPERTY TRANSACTIONS: (a) to buy, contract to
buy, accept~ sell, exchange, mortgage, pledge, lease or rent,
contract for the repair of and in any and every manner deal in
and with any and all personal property of every kind whatever,
tangible or .intangible, which I may own or in which I now have
or hereafter may acquire, any right, title or interest, on such
terms, conditions and considerations as my attorney-in-fact
slhall deem proper;
(b) to execute and deliver t° the proper persons and
authority any and all documents, instruments and papers
necessary.to effect the proper registration and licensing of any
automobiles in which I now or may hereafter have an interest;
(c) to enter into contracts for the storage of tangible
personal property of every kind;
(d) to take possession and order the removal and shipment
of any of my property from or' to any station, post, warehouse,
depot~ dock, or other place of storage, safekeeping, or use,
governmental or private, and to execute and deliver any release,
voucher, receiPt, shipping ticket, certificate, or other
instrument necessary or convenient for such purposes.
3. BUSINESS AND FINANCIAL PLANNING TRANSACTIONS: (a) to
demand, sue 'for, recover~ receive, compromise, settle, adjust
and pay 'all accounts, legacies, bequests, interest, dividends,
annuities,. .demands, debts, taxes, and any and all other
obligations, which may now or hereafter be due, owing or payable
by or to me, and to carry on and transact every kind of business
on my behalf, in my name or jointly in my name and that of any
other person or persons, including my attorney-in-fact, and
including, but not limited to, transactions concerning any and
all investments and shares of stock, bonds, securities,
certificates of deposit, on such terms, considerations and
conditions as my attorney-in-fact may deem proper and to invest
and reinvest and exchange investments, and to execute and
deliver good and Sufficient instruments for the accomplishment
thereof, and to act as my attorney-in-fact or proxy with respect
to any stocks, shares, bonds or other investments, rights or
interest as I may now or hereafter hold.
(b) to create, amend or terminate one or more trusts
(including Medicaid Qualifying Trusts), partnerships,
corporations, co-tenancies or any other form of Ownership
or entity for the purpose of dealing with any property or
property interest of any nature that I may have or
hereafter acquire, under, such terms and with such
provisions as my attorney-in-fact may deem necessary or
appropriate; and to transfer any or all property in which I
have an interest into any trusts, partnerships,
corporations, co-tenancies or other entities, whether
created by me or my attorney-in-fact or otherwise (and, in
this regard, that. my attorney-in,'fact may be a
remainderman, Partner, shareholder, co-tenant or
beneficiary of any such entity shall not affect the
validity of any action hereunder, and shall not, by itself,
cOnstitute a 'breach of fiduciary duty); and to remove
property from any.such entity; and to give to any such
entity, or to any.person acting as agent or trustee under
anY instrument executed by me or on mY behalf, such
instructions or authorizations as I may have the right to
give. In addition, I specifically aUthorize my attorney-in-
fact 'to revoke or amend any revocable 'living trust that I
have heretofore or hereafter established;
4. BANKING TRANSACTIONS: (a) to deposit or withdraw for any
purpose, in or from any bank, building and loan association,
trust company or other financial institution, including the
United States Postal Service, any funds, checks, or other
credits which I now or hereafter may have on deposit or be
entitled to, and to endorse, cash and receive the proceeds of
any and all'checks, vouchers, or other orders for money, to open
or close accounts, and. to receive statements, vouchers, notices
or'Other documents from any bank or other financial institution
concerning any and all-accounts or banking transactions in my
name or in which I may have an interest;
(b) to have access for all purposes to any or all safety
deposit boxes or Vauits rented in my name or in the names of any
other person or persons'and myself, with full power to use same
for safekeeping any property or papers and to remove therefrom
at any time, or from time to time, all or any part of the
contents of any such box or vault;
(c) to borrow money, including to use my Veteran s
Administration entitlement, and to execute in my name any
instrument evidencing indebtedness incurred on my behalf and to
extend and renew the same, as well as any indebtedness
heretofore incurred by me, for the payment of which I may in any
way be liable, including mortgages and notes guaranteed or
insured by the Veteran's Administration (VA) or Federal Housing
Administration (FHA).
5. TAXES:' To deal with tax authorities, to execute and sign on
my behalf any and all Federal, state, local and foreign income
and gift tax retUrns,. including estimated returns and interest,
dividends, gains and transfer returns, for all periods between
1975 and 2.050, and to pay any taxes, penalties and interest due
thereon; to allocate generation-skipping transfer tax exemptions
'(within .the meaning of Section 2642(a) of the Internal Revenue
Code) and to make tax elections; to represent me Or to sign an
Internal Revenue Service Form 2848 (Power of Attorney or
Declaration of Representative) or Form 8821 (Tax Information
Authorization), or comparable authorization, appointing a
qualified lawyer, certified public acCountant or enrolled agent
(including my attorney-in-fact if so qualified) to represent me
before any office of the. Internal RevenUe Service or any state,
local or foreign taxing authority with respect to the types of
taxes and years referred to above, and. to specify on said
authorization said types of taxes and years; to receive from or
inspect confidential information in any office of the Internal
Revenue service or state, local or foreign tax authority; to
receive and deposit, in any one of my bank'accounts, or those of
any revocable trust of mine, checks in payment of any refund of
Federal, state, i'ocal or foreign taxes, penalties and interest;
to pay bY check drawn on any bank account of mine or of any
revocable trust of mine and have accounts to permit my attorney-
J.n. fact 'to draw checks for payment of said items; to execute
waivers (and offers of waivers) of restrictions on assessment or
collection~ of 'deficiencies in taxes and waivers of notice of
disallowance of a claim for credit' or refund; to execute
consents extending the statutory period for assessment or
collection of such taxes; to execute, offers in compromise and
closing Agreements under .Section 7121 or comparable provisions
of the Internal Revenue Code or any Federal, state, local or
foreign tax statutes or .regulations; to delegate authority or to
substitute another representative for any one previously
appointed by me or my attorney-in-fact; and to receive copies of
all notices and other written communications involving my
Federal, state, local or foreign taxes at such address as my
attorney-in-fact may designate.
6. GOVERNMENT DOCUMENTS, VOUCHERS AND CHECKS: (a) to execute,
sign and deliver any and all government reports, applications,
requests, vouchers and demands in my behalf, including, but not
limited to those for any and all allowances and reimbursements
properly payable to me by the United States, such as for the
transportation of family members .or' for the. shipment of
household effects or other property as authorized by law or
regulations;
(b) to receive, endorse and collect the proceeds of checks
payable to my order drawn on the Treasurer of the United States
for whatever account, and to execute in my name and on my
behalf, all bonds, indemnities, applications or other documents,
which may be required by law or regulations to secure the
issuance of substitutes for such checks and to give full
discharge for the same.
7 INSURANCE TRANSACTIONS: (a) to pay the premiums on, modify,
rescind, release, terminate, or execute any rights, privileges,
or .options . on any · contract of life- accident, health,
disability, liability, property or other insurance presently
owned by me or by any person on my behalf or hereafter
acquired; ,
(b) to procure new, different, or' additional contracts of
insurance on my 'life or with respect to protecting me or my
property from ill health, disability, accident liability, or
loss; ,
(c) to apply for, and receive, any loan on the security of
any contract of insurance, to surrender and receive the cash·
surrender value, to exercise any election or conversion rights,
and to demand, receive or obtain any money, dividend or other
thing of value To which I am or Eo which I may become entitled
as the proceeds or other re~urn or profit arising out of any
contract of insurance or of any one or more of the insurance
transactions herein enumerated.
8. PERSONAL 'TRANSACTIONS: (a) to incur any and all
expenses which my attorney shall deem necessary or desirable
for my comfortable maintenance and support, including the
hiring, arranging for and paying for any nurses or medical or
hospital care;
(b) to apply on my behalf and represent me in
obtaining any governmental benefits to which I may be
entitled, including, but not limited to Social Security
benefits, Medicare and Medicaid;
(c) To state my intent to return to my residence and
home, to the Medical Assistance program of the state in which I
reside in the event I am a patient in a long-term care facility
(nursing home) or hospital (chronic or acute care) regardless
of my then current medical ability to return to my home and
regardless of my prognosis;
(d) ~ to d° all acts necessary for maintaining the customary
living· standard of my dependents including, by way of
illustration· but not limitation, provision of such living
quarters and their maintenance and operation, food, clothing,
medical, surgical and dental care, educational facilities, and
other incidentals to which my dependents are accustomed;
(e) to continue the discharge of any service or duties
assumed by me to my family, relatives or friends, and to
continue payments incidental to my membership in, or affiliation
'with, any church, club, society, or other organization.
(f) to make voluntary contributions to, transfer assets
between, and .withdraw amounts from any' qualified retirement
benefit plan or IRA; to waive spousal rights on any such plan or
IRA; to make elections with respect to the timing, method and
amounts of withdrawals, distributions and/or rollovers, methods
of calculating minimum ·required distributions, and methods of
distribution asa beneficiary of another's plan or IRA; and to
'take any other 'aCtiOns with respect to any such plan or IRA as I
could ·take
9. GIFTS: To make gifts, outright or in trust, of my property
to or for'the benefit of such persons as, in the opinion of my
a tt0rney-in-faCt, would be the donees t might choose, having in
mind the resources, both public and private, available for my
care after the making of such gifts, and having !n mind the
objective of preserving the largest amount of my property for my
family as a whole. I authorize mY attorney-in-fact to consent
to splitting gifts with my spouse, if I am married, so that the
annual exclusions, unified credits, and generation-skipping
transfer tax exemptions and exclusions of both my. spouse and
myself may be used. Notwithstanding the foregoing, any gifts
that are made to my attorney-in-fact, or to the creditors of my
attorney-in-fact, or to the estate of my attorney-in-fact, or to
the creditors of the estate.of my attorney-in-fact, pursuant to
the foregoing power in no event shall exceed in aggregate (with
respect to each attorney-in-fact) the greater of $5,000 or five
percent of all assets subject to this power in a given calendar
year, on a non-cumulative basis.
10. REPRESENTATION AND EMPLOYMENT OF ASSISTANCE: (a) on my
behalf and in my name or the name of my attorney-in-fact, to
institute, prosecute, appear in, defend, compromise, arbitrate,
settle, or dispose of any legal, equitable or administrative
hearings, actions, suits, attachments, claims or other
proceedings, to which I am or may become a party or in which I
have an interest, and to engage and dismiss counsel in
connection therewith, authorizing my attorney in-fact to assert
or to waive any or all rights, privileges and defenses' available
to me under the Soldiers' and Sailors' Civil Relief Act or other
legislation designed for the protection of personnel in the
armed forces or their family members;
(b) to hire, engage, employ and appoint agents, employees
and counsel upon such terms and conditions and at such
compensation as my said attorney-in-fact shall deem proper in
the exercise of the powers herein granted; to dismiss and remove
at pleasure any' such agents, employees and counsel as well as
any ~agents, employees and counsel heretofore or hereafter
employed by me Or in my behalf.
11. MISCELLANEOUS: (a) to sign, seal, acknowledge and deliver
any instrument necessary to accomplish any of the powers herein
granted;.
(b) to modify, reform, renegotiate or rescind any contract
or obligation heretofore or hereafter made by me or in my
behalf.
PROVIDED, HOWEVER, that all business transacted hereunder for me
or for my account shall be transacted in my name, and that all
endorsements and instrumenss executed by my said attorney-in-
fact for the purpose of carrying out the foregoing powers shall
contain my name, · followed by that of my said attorney-in-fact
and the designation "attorney-in-fact."
I FURTHER DECLARE that any act or thing lawfully done hereunder
]Dy my said attorney-in-fact shall be binding on myself and my
heirs, legal and personal representatives and assigns, whether
the same shall have been done either before or after my death,
or other revocation of this instrument, unless and until
reliable intelligence or notice thereof shall have been received
by my said attorney-in-fact; and whether or not I, the grantor of
'this instrument, shall have been reported or listed, either
officially or otherwise, as "missing in action" as .that phrase is
used in military parlance, or as "captured," it being my intent
that such status designation shall not bar my attorney-in-fact
from fully and completely exercising and continuing to exercise
any and all powers and rights herein granted and that such report
.of "missing in action,' or "captured" shall neither constitute nor
be interpreted as constituting notice of my death nor operate to
revoke this instrument.
FURTHER, this power of attorney shall remain in full force and
effect until September tl, 2001, unleSs sooner revoked by me. To
induce any third party to act hereunder, I hereby agree that any
third party receiving a duly executed copy or facsimile of this
power of attorney may act hereunder, and that revocation or
termination hereof shall be ineffective as to such third party
unless and until actual notice or knowledge of such revocation
or partial or complete termination of this power of attorney by
adjudication of incapacity, suspension by initiation of
proceedings to determine incapacity, or my death shall have been
received by such third party in accordance with the requirements
of law. I; for myself and my heirs, executors, legal
representatives and assigns, hereby agree to indemnify and hold
harmless any such third party from and against any and all
claims that may arise against such third party by reason of such
third party' having relied upon the provisions of this power of
attorney, and provided further, that in the event that I should
be reported or listed "missing" or "missing in action", as those
phrases are used in military parlance, prior to the expiration or
revocation of this power of attorney, it shall not terminate but
shall be extended as long as I ~remain in that status. It is my
intention that such.status designation, shall not bar my attorney-
in-fact from fully and completely exercising and continuing to
exercise any and all powers and .rights herein granted, and that
such report of "missing" or "missing in action" shall neither
055
constitute nor be interpreted as constituting notice of my death,
nor operate to revoke this instrument.
IN WITNESS WHEREOF I have hereunto set my hand and seal on this
day, llth day of September, 2000.
so,,:,
I?RINT NAh~Z-T.---~
BRANCH HEAD HEAD
~'~Z~T ADDR~VAt LEGAL 5~K¥iCE$ 0FFii3E SE -- P~ZNT !~.AV~~ n~n= ~
BRANCH OFFlCrE H OFFICE
PSI3 1008 BOX ~0~i PSC. !008 BOX -~017
FPO AA 34051-8800' AC~OW?.EDGE~TFPO AA 34051-8800
· ~ERVING WITH THE ARMED FORCES OF THE UNITED STATES
NAVAL LEGAL SERVICE OFFICE, ROOSEVELT ROADS, P.R.
Before me personally appeared William J. Claye, who, having
produced a Uniformed Services Identification Card, is known to
me to be the identical person who is described herein, and who
signed and executed the foregoing instrument on this day, Ilth
day of September, 2000, as a true, free, and voluntary act and
deed, for uses, purposes, and considerations therein set forth.
And I do further certify that I am a Commissioned Officer of the
Armed Forces of the United States serving in the rank indicated
bei.~ ' by ~Federal law I am aUthorized to exercise the
without requirement of a seal, and that' this
:echO:ted' by me in accordance with those powers and
"~ JAGC, U.S ~NAVAL RESERVE
COnsul of th~
"::i:!!:!~.'>Oni,f'~ 'S ~ a t e s
A.uthor,i'~Y':',"",'.Z0 U.S.C. ~ 1044a.
NO SEAL REQUIRED