Free Power of Attorney

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Power of Attorney

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Power of Attorney - Ordinary
Power of Attorney - Enduring

An Ordinary Power of Attorney is only valid as long as the donor is capable of acting for him or herself. If the donor becomes mentally incompetent (loses capacity), the ordinary Power of Attorney ends.

An Enduring Power of Attorney remains valid even if the donor later becomes mentally incompetent. The donor must be competent at the time an enduring Power of Attorney is made.

In either case, the Power of Attorney becomes invalid when the donor dies. A Power of Attorney cannot be used to bequeath property upon the death of the donor.




Your Power of Attorney

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POWER OF ATTORNEY

THIS POWER OF ATTORNEY is given by me, ______________________________, presently of ______________________________________________________________________, on the ______ of __________, _______

  1. Previous Power Of Attorney
  2. I REVOKE any previous power of attorney granted by me.
  3. Attorney
  4. I APPOINT ______________, of ____________________________, to act as my Attorney.
  5. My "Attorney"
  6. I will refer to my Attorney as my "Attorney".
  7. Governing Legislation
  8. My Attorney will act in accordance with all relevant legislation including the Protection of Personal and Property Rights Act, as may be amended from time to time.
  9. Powers of Attorney
  10. My Attorney has authority to do anything on my behalf that I may lawfully do by an attorney (the "General Power").
  11. Specific Powers
  12. Without restricting its generality in any way, the following powers are specifically included within the foregoing General Power:
    1. Real Estate Matters
    2. To sign all documents on my behalf concerning lands which are capable of registration under land titles legislation, real property legislation, and registry legislation or such other similar legislation of New Zealand and any foreign jurisdiction. This power includes the ability to purchase, sell, rent, mortgage, charge, exchange, lease, surrender, manage or otherwise deal with real estate and any interest therein, and execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose;
    3. Maintain Property and Make Investments
    4. To retain any assets owned by me at the date this Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Attorney may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorised by any applicable legislation;
    5. Banking Transactions
    6. To do any act that I can do through my Attorney with a bank or other financial institution. This power includes, but is not limited to, the power to:
      1. Open, maintain or close bank accounts (including, but not limited to, chequing accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;
      2. 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 cheques 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;
      3. Borrow money from any banking or financial institution if deemed necessary by my Attorney, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;
      4. Perform any act necessary to deposit, negotiate, sell or transfer any security or draft of New Zealand, including New Zealand Treasury Securities;
      5. Have access to any safe deposit box that I might own, including its contents; and
      6. Create and deliver any financial statements necessary to or from any bank or financial institution.
    7. Business Operating Transactions
    8. To take any action my Attorney 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. 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, reorganise, 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;
    9. Insurance Transactions
    10. To do any act that I can do through an attorney with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, 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 was already a beneficiary of any policy before the signing of this document, my Attorney cannot name himself or herself as a beneficiary of such policy;
    11. Claims and Litigation Matters
    12. 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, and the power to settle any claim against me in whichever forum or manner my Attorney deems prudent, and to receive or pay any resulting settlement;
    13. Tax Matters
    14. To act for me to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:
      1. prepare, sign and file income and other tax returns with federal, local and other governmental bodies, and to receive any refund cheques; and
      2. 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.
    15. Government Benefits
    16. To act on my behalf in all matters that affect my right to allowances, remuneration and reimbursements properly payable to me by the Government of New Zealand 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 sees fit, any proceeds of any claim;
    17. Retirement Benefit Transactions
    18. To act for me and represent my interests in all matters affecting any retirement savings or supperannuation 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 cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document;
    19. Family Care
    20. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Attorney. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs;
    21. Chattel and Goods Transactions
    22. To purchase, sell or otherwise deal with any type of personal property I 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, pay or contest taxes or assessments, mortgage or pledge;
    23. Estate Transactions
    24. To do any act that I can do through an attorney 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 cannot disclaim assets to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Attorney or my Attorney's estate;
    25. Gift Transactions
    26. 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 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 Attorney 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;
    27. Charity Transactions
    28. To continue to make gifts to charitable organisations 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 Attorney 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;
    29. Living Trust Transactions
    30. 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. This property can include real property, stocks, bonds, accounts, insurance policies or other property; and
    31. Employ Required Professionals
    32. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, lawyers, clerks, workers and others for the management, preservation and protection of my property and estate, at such remuneration and for such length of time as my Attorney considers advisable.
  13. AttorneyRemuneration
  14. My Attorney will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  15. Co-owning of Assets and Mixing of Funds
  16. My Attorney may not mix any funds owned by him or her in with my funds and all assets should remain separately owned if at all possible.
  17. Personal Gain from Managing My Affairs
  18. My Attorney is not allowed to personally gain from any transaction he or she may complete on my behalf.
  19. Effective Date
  20. This power of attorney will start immediately upon signing. Under no circumstances will the powers granted in this power of attorney continue after my mental incapacity or death.
  21. Attorney Restrictions
  22. This power of attorney is not subject to any conditions or restrictions other than those noted above.
  23. Severability
  24. If any part of any provision of this instrument 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 instrument.
  25. Acknowledgment
  26. I, ______________________________, being the Donor named in this Power Of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Power Of Attorney;
    2. I am of legal age in New Zealand to grant a Power Of Attorney; and
    3. I am voluntarily giving this Power Of Attorney.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________, ____________________, New Zealand, this ______ of __________, _______.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

______________________________ (Donor)

Address: ___________________________

     

___________________________________

     


NOTARY ACKNOWLEDGMENT

On this 24th day of August, 2019, ______________________________ personally appeared before me, and proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorised capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

Declared at (city) _______________________ on the 24th day of August, 2019.

Before me, (Notary's name) _______________________________

Signature ____________________________________ (Seal)

ACCEPTANCE OF APPOINTMENT

Attorney One
I, ______________, of ____________________________, New Zealand, have read the attached Power of Attorney and am identified therein as an Attorney for ______________________________, the Donor named therein. I hereby accept the foregoing appointment as an Attorney for the Donor with full knowledge of the legal responsibilities imposed on me, and I will faithfully carry out my duties to the best of my ability.

SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

   

__________________________________

Witness Name: ______________________

   

______________ (Attorney)

Address: ___________________________

     

___________________________________

     
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