Money Laundering
Franklin Jurado, a Harvard-educated Colombian economist, pleaded guilty to a single count of money laundering in a New York federal court in April 1996 and was sentenced to seven and a half years in prison. Using the tools he learned at America's top university, he moved $36 million in profits, from US cocaine sales for the late Colombian drug lord Jose Santacruz-Londono, in and out of banks and companies in an effort to make the assets appear to be of legitimate origin.
Jurado laundered the $36 million by wiring it out of Panama, through the offices of Merrill Lynch and other financial institutions, to Europe. In three years, he opened more than 100 accounts in 68 banks in nine countries: Austria, Denmark, the United Kingdom, France, Germany, Hungary, Italy, Luxembourg, and Monaco. Some of the accounts were opened in the names of Santacruz's mistresses and relatives, others under assumed European-sounding names.
Keeping balances below $10,000 to avoid investigation, Jurado shifted the funds between the various accounts. He established European front companies with the eventual aim of transferring the "clean" money back to Colombia, to be invested in Santacruz's restaurants, construction companies, pharmacies and real estate holdings.
The scheme was interrupted when a bank failure in Monaco exposed several accounts linked to Jurado. And in Luxembourg, endless noise from a money-counting machine in Jurado's house prompted a neighbour to alert the local police. Empowered by new laws against money laundering, the police initiated a wiretap in April 1990. Jurado was arrested two months later, convicted of money laundering in a Luxembourg court in 1992 and a few years later extradited to the United States.
The Jurado case is an example of the increasingly sophisticated means drug cartels employ to secure assets. But it also indicates that the very profits that motivate drug organizations are an Achilles heel and that national legislators, law enforcement agencies and international bodies are stepping up efforts against money laundering. How to improve these efforts figures high on the agenda of the upcoming United Nations General Assembly Special Session on the World Drug Problem, to take place at UN Headquarters in New York from 8 to 10 June 1998.
Scope of the problem
The United Nations International Drug Control Programme (UNDCP) estimates that the illegal drug trade generates retail sales of about $400 billion a year, nearly double the revenue of the global pharmaceutical industry or about ten times the sum of all official development assistance.
Riding on the wave of globalization and liberalization, organized crime syndicates and enterprising individuals are taking advantage of open borders, privatization, free trade zones, weak states, offshore banking centres, electronic financial transfers, smart cards and cyberbanking to launder millions of dollars in drug profits each day. International wire transfers number about 700,000 a day, at the end of which some $2 trillion has criss-crossed the globe. The International Monetary Fund (IMF) estimates that about 2 percent of the global economy involves drug trafficking.
"Money laundering can be done anywhere so criminals pick the countries where the laws are either non-existent or they are lax or the police efforts are not strong enough to catch them", says Tom Brown, head of the four-person anti-money laundering unit of the International Criminal Police Organization, Interpol.
Most recently, Mexico has captured news headlines with stories of drug money laundering. According to the International Narcotics Control Board (INCB), which monitors compliance with anti-drug treaties, recent measures in Mexico have led to the arrest of over 11,000 persons, including high-ranking Government and military officials from September 1996 to August 1997 for drug trafficking and related criminal activities, including money laundering.
In countries of the former Soviet Union, the privatization of State-owned enterprises and deregulation of the banking system has facilitated the laundering of drug profits. In 1996, an expert on Russian affairs who testified before a US Congressional Committee said, "Privatized property is bought up by foreign and domestic criminal organizations to launder and hide illegal profits. Mobsters launder their ill-gotten gains by investing in gambling, luxury car dealerships in European cities like Budapest, and banks, marinas, and resorts in the Caribbean Basin. They also work with top-flight international attorneys in Frankfurt and Zurich to learn the money laundering techniques perfected by the Colombian drug lords and Sicilian mafia."
Initial deposits are usually made in States without regulations and then transferred to offshore centres, according to a former French judge who heads UNDCP's Global Programme Against Money Laundering. States with weakened governmental apparatus, like those comprising the former Soviet Union, are especially vulnerable.
Alternative and underground banking
In some parts of Asia, legal "underground banking" is used by launderers because it leaves no paper trail. Money never enters the formal banking system but is instead transmitted through alternative banking systems such as the "hawala" in India and Pakistan. These parallel banking systems are based on family or gang alliances and reinforced with an unspoken covenant of retributive violence. The Chinese have a similar system that is known as "fie chen" or flying money, which is based on trust, family ties, local social structures, and the threat of ostracism for any breach of good faith. This system generally involves depositing money in one country in exchange for a "chit" or "chop" (seal), and the remittance of this money in another country on presentation of the chit.
Increasingly, money laundering experts are focusing on Africa. "The reality is that we don't have a good handle on how much money laundering there is in Africa because money launderers tend to want their money somewhere that is safe", says Interpol's Mr. Brown. However, he does acknowledge that criminal groups are buying banks in Africa to use as transit points before wiring money to banks in more established markets. UNDCP, which sees Africa, and all developing regions of the world, as a new target for money launderers, held a December 1997 seminar in West Africa at which nine governments decided to harmonize measures and increase sub-regional cooperation.
Offshore havens and bank secrecy
The existence of offshore banks in tax and secrecy havens has allowed drug traffickers to develop complex international networks. The IMF applies the term "major offshore centres" to the following countries: the Bahamas, Bahrain, the Cayman Islands, Hong Kong, the Netherlands Antilles, Panama and Singapore. Smaller offshore centres include: Dublin, Cyprus, Madeira, Malta, Malaysia's Labaun Island, and Thailand's Bangkok International Banking Facility. Today nearly 40 countries in all parts of the world are considered secrecy and tax havens.
The situation in the Cayman Islands provides a glimpse into the offshore industry. With the seventh largest deposit base in the world, the Cayman Islands has 550 banks in the Territory, only 17 of which have a physical presence and are subject to money laundering laws. Total assets held by Cayman banks in 1994 were about $430 billion. The INCB warns in its 1997 report that non-bank financial institutions are increasingly being used for money laundering purposes in the Caribbean, as the banking system is being more closely scrutinized by authorities. Accordingly, it recommends that the monitoring system be extended to include "institutions and companies beyond the banking system".
"There is a constant effort to get the tax havens and offshore centres to tighten up on money laundering", says Tom Brown of Interpol. "Our goal is not to shut them down because they are legal and they have a legitimate purpose. Our goal is to put some controls in place so you can regulate them, and if you are not regulating them, so you can at least have the power to continue to trace money that you know is illegal as it goes through them to somewhere else."
In early February 1998, British Foreign Secretary Robin Cook announced that Britain's 13 remaining colonies, which include several tax havens in the Caribbean including the Cayman Islands, may be offered eventual British citizenship if they enact stringent new laws to stop money laundering and the hiding of illegal profits.
Free trade zones
Trade liberalization and free trade zones provide additional money laundering venues. "We believe that it's shifting from using the banking system to using international trade to launder money", says Professor John Zdanowicz, who has developed, with a colleague at Florida International University, a computer software system that filters all United States trade data. Since 1992, they have uncovered phony invoices listing razor blades for $30 each, telephones for $2,400, and a bottle of salad oil for $720. In 1994, the professors gave a presentation to the World Bank on how the technology could be used in developing countries, as a potential complement or substitute for pre-shipment inspection, to monitor abnormal pricing as it might relate to capital flight, money laundering, tax evasion and duty fraud. According to Mr. Zdanowicz, the system could be replicated in a country for less than a million dollars, and for considerably less in smaller countries. "Our technique is like a sniffing dog. We don't know what's in a suitcase but if it's too heavy for a suitcase or if it's priced wrong, we're saying look at it and find out what it is".
Money launderers constantly seek new ways to circumvent regulation and seizure of assets. Yet along with sophisticated schemes, considerable amounts of money are still smuggled as bulk cash. According to The New York Times, drug traffickers have shipped cash to Colombia "in everything from used cars and dolls to television sets and refrigerated containers of bull semen". Other drug lords are content to simply invest at home. In Myanmar, for instance, heroin kingpins are reportedly keeping their cash in the country by investing in hotels, karaoke bars, restaurants, transport companies and real estate. An April 1997 New York Times article further suggests that large-denomination Euro notes may become a boon for launderers.
Big business
Billions of dollars in drug proceeds are laundered through major businesses such as stock brokerage and insurance firms. The increased volume of global financial transactions has not been matched by the development of regulatory measures. "The bigger a business is that has money, the easier it is to launder some other money in it", says Interpol's Brown. Attorney-client privilege often protects money launderers, "making it that much harder to pierce that veil of the company to get to it", he says. Other schemes involve cash businesses such as bars, casinos and restaurants as well as non-bank financial institutions such as check-cashing stores and money exchange houses.
Criminal organizations increasingly sub-contract the task of money laundering to specialized professionals because the methods required to circumvent law enforcement officials are becoming ever more complex. Professionals are used not only to conceal the origin of the source of the proceeds, but to manage the subsequent investment into legitimate real estate and other assets. It is believed that there has been a steady increase in the standard fees paid to money launderers, from 6-8 per cent at the beginning of the 1980s to up to 25 per cent today.
Impact of money laundering
The infiltration and sometimes saturation of dirty money into legitimate financial sectors and national accounts can threaten economic and political stability. An IMF working paper concludes that money laundering impacts financial behaviour and macro-economic performance in a variety of ways including policy mistakes due to measurement errors in national account statistics; volatility in exchange and interest rates due to unanticipated cross border transfers of funds; the threat of monetary instability due to unsound asset structures; effects on tax collection and public expenditure allocation due to misreporting of income; misallocation of resources due to distortions in asset and commodity prices; and contamination effects on legal transactions due to the perceived possibility of being associated with crime.
It is known, for instance, that in the early 1990s an influx of tainted money into several banks in the Baltic states resulted in their collapse due to the high number of withdrawals triggered by customers' knowledge of dirty deals and lack of consumer confidence.
"Some countries in the Caribbean are beginning to realize that taking this money can be devastating to their economies", says Brown of Interpol. "Although it looks good up front and can generate jobs, the reality is that shortly you become controlled by that money."
Money laundering and the law
Legislation incorporating measures to prevent, trace, freeze and confiscate criminal assets is in its infancy. Only a handful of industrialized western nations had systems in place by the end of the 1980s. Today there are an increasing number of States that are passing laws and regulations but UNDCP estimates that about 70 per cent of governments do not yet have effective legislation in place.
A further problem is the absence of transparency in the corporate law of certain countries, which enables launderers to hide behind shell companies.
Action at the international level to combat money laundering began in 1988 with two important initiatives: The Basel Committee on Banking Regulations and Supervisory Practices, which issued a 'Statement of Principles' covering the three cornerstones of money laundering controls ù avoidance of suspicious transactions, cooperation with law enforcement authorities, and 'know your customer' rules; and the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, which has now been ratified by over 140 countries.
The Convention is the first multilateral, legally-binding instrument to address the issue of money laundering. Its provisions encourage international cooperation to identify, trace, seize and confiscate the proceeds of drug trafficking and to prosecute those responsible for laundering illicit profits. It also encourages parties to contribute such proceeds to international organizations specializing in drug control. In March 1998, Luxembourg contributed over $1.7 million from funds derived from money and assets confiscated from drug criminals to UNDCP.
Another important initiative came in 1989 when the Financial Action Task Force (FATF) was established by the Group of 7 major industrialized countries and the President of the Commission of the European Communities. FATF membership now includes the countries of the Organization of Economic Cooperation and Development, Hong Kong, Singapore, the Co-operation Council for the Arab States in the Gulf, and the European Union. The cornerstone of FATF's efforts are the 40 Recommendations, first elaborated in 1990 and updated in 1996, which lay down measures to counter money laundering including ratification of the 1988 Convention, criminalization of money laundering, strengthening of international cooperation, and the abolition of most bank secrecy laws. In 1995 the International Narcotics Control Board urged all governments to implement the FATF 40 recommendations.
"The key to making an impact in money laundering is to get all of the countries of the world to enact and enforce the same laws dealing with money laundering so the criminals have nowhere to go", says Interpol expert Brown.
According to the UN Commission on Narcotic Drugs, there is broad international support for a number of concrete measures to combat money laundering including the application of the "know-your-client" rule and the banning of anonymous accounts; the maintenance of detailed records of financial transactions for a minimum of five years to be made available to investigators; the mandatory reporting of suspicious transactions; and the desirability of more closely monitoring and controlling cross-border movements of currency.
However, many outstanding issues remain unresolved ù such as the compliance of off-shore centres with anti-money laundering laws, the reluctance of some countries to enact or implement appropriate legislation and relax bank secrecy, and the question of corporate criminal liability.
UN anti-money laundering programme
Established in 1997 by the Vienna-based UN Office for Drug Control and Crime Prevention, the Global Programme Against Money Laundering provides Governments with legal advice and assistance in drafting appropriate legislation and establishing the necessary administrative framework to counter money laundering. Operating on a $5 million budget for 1997-99, the Programme also offers training for law enforcement and judicial officers and assistance in establishing national financial intelligence units.
In its first year of operation, the Programme assisted 20 countries and initiated a global comprehensive database on national money laundering legislation and IMoLIN ù the International Money Laundering Information Network on the Internet. The website is a cooperative effort among various anti-money laundering organizations and can be used by law enforcement agencies, prosecutors, legislators, academic institutions and individuals.
An international plan of action
The General Assembly Special Session on the World Drug Problem, to take place at UN Headquarters in New York on 8-10 June 1998, aims to increase international cooperation to combat money laundering. "We are proposing a bold initiative for the abolition of bank secrecy worldwide for every investigation on organized crime, not just narcotics", says Pino Arlacchi, Executive Director of the UN International Drug Control Programme (UNDCP). "There should be no obstacles. There are still countries where bank secrecy exists and, in fact, has been strengthened in the last several years so this is a very important point."
UNDCP foresees a strengthening of political will due to growing realization of the harmful economic impact of money laundering and the fact that reasonable measures can be put in place without harm to foreign investment.
The political declaration expected to be adopted at the three-day meeting calls on all Governments to enact laws to prevent, detect, investigate and prosecute the crime of money laundering by the year 2003. The special session's action plan represents a global effort to up the ante in the fight against drugs by hitting drug traffickers where it hurts ùin their bank accounts.
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Contact:
UN Department of Public Information
Bill Hass, tel. (212) 963-0353,
Ann Marie Erb, tel. (212) 963-5851, or
Tim Wall at (212) 963-1887.
Fax: (212) 963-1186
E-mail: vasic@un.org
UN web site: http://www.un.org
Sandro Tucci, Spokesman
UN International Drug Control Programme
Vienna International Centre, Room E 1448
P.O. Box 500
A-1400 Vienna, Austria
Tel: (431) 21345-5629;
Fax: (431) 21345-5931
Published by the United Nations Department of Public Information - DPI/1982 - May 1998
Friday, October 9, 2009
REJECTION OF AFRICAN FUND TRANSFERS
Dear ,
I sympathize with you on your losses of family members.I hope you will be over your mourning soon.
I cannot accept that amount of money in my account on a personal basis for many reasons:
[1]it is against federal law to receive such an amount of funding.The federal government would confiscate the funds
[2]personal banks cannot hold that much money.Only a commercial bank could.
[3]taxes on the money would be 32%
[4]It would takes years to transfer that amount in a personal bank account under optimal circumstances
[5]It would not be feasible to transfer that much money
[6]It would be easier to transfe the money into an American bank yourself
Indeed ,there are "barristers[which are criminals]who promise to deliver the funds worldwide;but,they spend the funds and leave you stuck under their control.
The ONLY way I could receive the funds,is to firstly,receive $5,000;then obtain a special vault to transfer the remainder of the money.That would not be worth your while to do.
I recommend going online;then transferring the funds into a larger bank such as Chase or Bank Of America.Optionally,an offshore bank would be well.In an offshore bank,you would not have to expose your name.
I hope you the best in your transfers;but,even if I could receive the funds,the amount ou offer in payment would no pay the 32% tax on the money..
sincerely,
Robert Hocker
I sympathize with you on your losses of family members.I hope you will be over your mourning soon.
I cannot accept that amount of money in my account on a personal basis for many reasons:
[1]it is against federal law to receive such an amount of funding.The federal government would confiscate the funds
[2]personal banks cannot hold that much money.Only a commercial bank could.
[3]taxes on the money would be 32%
[4]It would takes years to transfer that amount in a personal bank account under optimal circumstances
[5]It would not be feasible to transfer that much money
[6]It would be easier to transfe the money into an American bank yourself
Indeed ,there are "barristers[which are criminals]who promise to deliver the funds worldwide;but,they spend the funds and leave you stuck under their control.
The ONLY way I could receive the funds,is to firstly,receive $5,000;then obtain a special vault to transfer the remainder of the money.That would not be worth your while to do.
I recommend going online;then transferring the funds into a larger bank such as Chase or Bank Of America.Optionally,an offshore bank would be well.In an offshore bank,you would not have to expose your name.
I hope you the best in your transfers;but,even if I could receive the funds,the amount ou offer in payment would no pay the 32% tax on the money..
sincerely,
Robert Hocker
MONEY LAUNDERING
§ 1956. Laundering of monetary instruments
How Current is This? (a)
(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—
(A)
(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
(A) with the intent to promote the carrying on of specified unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant’s knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed such representations to be true.
(3) Whoever, with the intent—
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or Federal law,
conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
(b) Penalties.—
(1) In general.— Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of—
(A) the value of the property, funds, or monetary instruments involved in the transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons.— For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and—
(A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States;
(B) the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or
(C) the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.
(3) Court authority over assets.— A court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.
(4) Federal receiver.—
(A) In general.— A court may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity.
(B) Appointment and authority.— A Federal Receiver described in subparagraph (A)—
(i) may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case;
(ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and
(iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant—
(I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or
(II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.
(c) As used in this section—
(1) the term “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7);
(2) the term “conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction;
(3) the term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
(4) the term “financial transaction” means
(A) a transaction which in any way or degree affects interstate or foreign commerce
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or
(iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or
(B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;
(5) the term “monetary instruments” means
(i) coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, and money orders, or
(ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;
(6) the term “financial institution” includes—
(A) any financial institution, as defined in section 5312 (a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and
(B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101);
(7) the term “specified unlawful activity” means—
(A) any act or activity constituting an offense listed in section 1961 (1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving—
(i) the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act);
(ii) murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16);
(iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978)); [1]
(iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official;
(v) smuggling or export control violations involving—
(I) an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
(II) an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730–774);
(vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or
(vii) trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts;
(C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);
(D) an offense under section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section 152 (relating to concealment of assets; false oaths and claims; bribery), section 175c (relating to the variola virus), section 215 (relating to commissions or gifts for procuring loans), section 351 (relating to congressional or Cabinet officer assassination), any of sections 500 through 503 (relating to certain counterfeiting offenses), section 513 (relating to securities of States and private entities), section 541 (relating to goods falsely classified), section 542 (relating to entry of goods by means of false statements), section 545 (relating to smuggling goods into the United States), section 549 (relating to removing goods from Customs custody), section 554 (relating to smuggling goods from the United States), section 641 (relating to public money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies), section 666 (relating to theft or bribery concerning programs receiving Federal funds), section 793, 794, or 798 (relating to espionage), section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce), section 875 (relating to interstate communications), section 922 (l) (relating to the unlawful importation of firearms), section 924 (n) (relating to firearms trafficking), section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country), section 1005 (relating to fraudulent bank entries), 1006 [2] (relating to fraudulent Federal credit institution entries), 1007 [2] (relating to Federal Deposit Insurance transactions), 1014 [2] (relating to fraudulent loan or credit applications), section 1030 (relating to computer fraud and abuse), 1032 [2] (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1201 (relating to kidnaping), section 1203 (relating to hostage taking), section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction), section 1708 (theft from the mail), section 1751 (relating to Presidential assassination), section 2113 or 2114 (relating to bank and postal robbery and theft), section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms), section 2319 (relating to copyright infringement), section 2320 (relating to trafficking in counterfeit goods and services), section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices), section 2339A or 2339B (relating to providing material support to terrorists), section 2339C (relating to financing of terrorism), or section 2339D (relating to receiving military-type training from a foreign terrorist organization) of this title, section 46502 of title 49, United States Code, a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling), section 422 of the Controlled Substances Act (relating to transportation of drug paraphernalia), section 38 (c) (relating to criminal violations) of the Arms Export Control Act, section 11 (relating to violations) of the Export Administration Act of 1979, section 206 (relating to penalties) of the International Emergency Economic Powers Act, section 16 (relating to offenses and punishment) of the Trading with the Enemy Act, any felony violation of section 15 of the Food Stamp Act of 1977 (relating to food stamp fraud) involving a quantity of coupons having a value of not less than $5,000, any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming), any felony violation of the Foreign Agents Registration Act of 1938, any felony violation of the Foreign Corrupt Practices Act, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons) [3] environmental crimes
(E) a felony violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or
(F) any act or activity constituting an offense involving a Federal health care offense;
(8) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.
(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct prohibited by this section if—
(1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and
(2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000.
(g) Notice of Conviction of Financial Institutions.— If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section 1957 or 1960 of this title, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution.
(h) Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
(i) Venue.—
(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in—
(A) any district in which the financial or monetary transaction is conducted; or
(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.
(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.
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[1] So in original. The second closing parenthesis probably should not appear.
[2] So in original. Probably should be preceded by “section”.
[3] So in original. Probably should be followed by a semicolon.
How Current is This? (a)
(1) Whoever, knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity, conducts or attempts to conduct such a financial transaction which in fact involves the proceeds of specified unlawful activity—
(A)
(i) with the intent to promote the carrying on of specified unlawful activity; or
(ii) with intent to engage in conduct constituting a violation of section 7201 or 7206 of the Internal Revenue Code of 1986; or
(B) knowing that the transaction is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than twenty years, or both. For purposes of this paragraph, a financial transaction shall be considered to be one involving the proceeds of specified unlawful activity if it is part of a set of parallel or dependent transactions, any one of which involves the proceeds of specified unlawful activity, and all of which are part of a single plan or arrangement.
(2) Whoever transports, transmits, or transfers, or attempts to transport, transmit, or transfer a monetary instrument or funds from a place in the United States to or through a place outside the United States or to a place in the United States from or through a place outside the United States—
(A) with the intent to promote the carrying on of specified unlawful activity; or
(B) knowing that the monetary instrument or funds involved in the transportation, transmission, or transfer represent the proceeds of some form of unlawful activity and knowing that such transportation, transmission, or transfer is designed in whole or in part—
(i) to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity; or
(ii) to avoid a transaction reporting requirement under State or Federal law,
shall be sentenced to a fine of not more than $500,000 or twice the value of the monetary instrument or funds involved in the transportation, transmission, or transfer, whichever is greater, or imprisonment for not more than twenty years, or both. For the purpose of the offense described in subparagraph (B), the defendant’s knowledge may be established by proof that a law enforcement officer represented the matter specified in subparagraph (B) as true, and the defendant’s subsequent statements or actions indicate that the defendant believed such representations to be true.
(3) Whoever, with the intent—
(A) to promote the carrying on of specified unlawful activity;
(B) to conceal or disguise the nature, location, source, ownership, or control of property believed to be the proceeds of specified unlawful activity; or
(C) to avoid a transaction reporting requirement under State or Federal law,
conducts or attempts to conduct a financial transaction involving property represented to be the proceeds of specified unlawful activity, or property used to conduct or facilitate specified unlawful activity, shall be fined under this title or imprisoned for not more than 20 years, or both. For purposes of this paragraph and paragraph (2), the term “represented” means any representation made by a law enforcement officer or by another person at the direction of, or with the approval of, a Federal official authorized to investigate or prosecute violations of this section.
(b) Penalties.—
(1) In general.— Whoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not more than the greater of—
(A) the value of the property, funds, or monetary instruments involved in the transaction; or
(B) $10,000.
(2) Jurisdiction over foreign persons.— For purposes of adjudicating an action filed or enforcing a penalty ordered under this section, the district courts shall have jurisdiction over any foreign person, including any financial institution authorized under the laws of a foreign country, against whom the action is brought, if service of process upon the foreign person is made under the Federal Rules of Civil Procedure or the laws of the country in which the foreign person is found, and—
(A) the foreign person commits an offense under subsection (a) involving a financial transaction that occurs in whole or in part in the United States;
(B) the foreign person converts, to his or her own use, property in which the United States has an ownership interest by virtue of the entry of an order of forfeiture by a court of the United States; or
(C) the foreign person is a financial institution that maintains a bank account at a financial institution in the United States.
(3) Court authority over assets.— A court may issue a pretrial restraining order or take any other action necessary to ensure that any bank account or other property held by the defendant in the United States is available to satisfy a judgment under this section.
(4) Federal receiver.—
(A) In general.— A court may appoint a Federal Receiver, in accordance with subparagraph (B) of this paragraph, to collect, marshal, and take custody, control, and possession of all assets of the defendant, wherever located, to satisfy a civil judgment under this subsection, a forfeiture judgment under section 981 or 982, or a criminal sentence under section 1957 or subsection (a) of this section, including an order of restitution to any victim of a specified unlawful activity.
(B) Appointment and authority.— A Federal Receiver described in subparagraph (A)—
(i) may be appointed upon application of a Federal prosecutor or a Federal or State regulator, by the court having jurisdiction over the defendant in the case;
(ii) shall be an officer of the court, and the powers of the Federal Receiver shall include the powers set out in section 754 of title 28, United States Code; and
(iii) shall have standing equivalent to that of a Federal prosecutor for the purpose of submitting requests to obtain information regarding the assets of the defendant—
(I) from the Financial Crimes Enforcement Network of the Department of the Treasury; or
(II) from a foreign country pursuant to a mutual legal assistance treaty, multilateral agreement, or other arrangement for international law enforcement assistance, provided that such requests are in accordance with the policies and procedures of the Attorney General.
(c) As used in this section—
(1) the term “knowing that the property involved in a financial transaction represents the proceeds of some form of unlawful activity” means that the person knew the property involved in the transaction represented proceeds from some form, though not necessarily which form, of activity that constitutes a felony under State, Federal, or foreign law, regardless of whether or not such activity is specified in paragraph (7);
(2) the term “conducts” includes initiating, concluding, or participating in initiating, or concluding a transaction;
(3) the term “transaction” includes a purchase, sale, loan, pledge, gift, transfer, delivery, or other disposition, and with respect to a financial institution includes a deposit, withdrawal, transfer between accounts, exchange of currency, loan, extension of credit, purchase or sale of any stock, bond, certificate of deposit, or other monetary instrument, use of a safe deposit box, or any other payment, transfer, or delivery by, through, or to a financial institution, by whatever means effected;
(4) the term “financial transaction” means
(A) a transaction which in any way or degree affects interstate or foreign commerce
(i) involving the movement of funds by wire or other means or
(ii) involving one or more monetary instruments, or
(iii) involving the transfer of title to any real property, vehicle, vessel, or aircraft, or
(B) a transaction involving the use of a financial institution which is engaged in, or the activities of which affect, interstate or foreign commerce in any way or degree;
(5) the term “monetary instruments” means
(i) coin or currency of the United States or of any other country, travelers’ checks, personal checks, bank checks, and money orders, or
(ii) investment securities or negotiable instruments, in bearer form or otherwise in such form that title thereto passes upon delivery;
(6) the term “financial institution” includes—
(A) any financial institution, as defined in section 5312 (a)(2) of title 31, United States Code, or the regulations promulgated thereunder; and
(B) any foreign bank, as defined in section 1 of the International Banking Act of 1978 (12 U.S.C. 3101);
(7) the term “specified unlawful activity” means—
(A) any act or activity constituting an offense listed in section 1961 (1) of this title except an act which is indictable under subchapter II of chapter 53 of title 31;
(B) with respect to a financial transaction occurring in whole or in part in the United States, an offense against a foreign nation involving—
(i) the manufacture, importation, sale, or distribution of a controlled substance (as such term is defined for the purposes of the Controlled Substances Act);
(ii) murder, kidnapping, robbery, extortion, destruction of property by means of explosive or fire, or a crime of violence (as defined in section 16);
(iii) fraud, or any scheme or attempt to defraud, by or against a foreign bank (as defined in paragraph 7 of section 1(b) of the International Banking Act of 1978)); [1]
(iv) bribery of a public official, or the misappropriation, theft, or embezzlement of public funds by or for the benefit of a public official;
(v) smuggling or export control violations involving—
(I) an item controlled on the United States Munitions List established under section 38 of the Arms Export Control Act (22 U.S.C. 2778); or
(II) an item controlled under regulations under the Export Administration Regulations (15 C.F.R. Parts 730–774);
(vi) an offense with respect to which the United States would be obligated by a multilateral treaty, either to extradite the alleged offender or to submit the case for prosecution, if the offender were found within the territory of the United States; or
(vii) trafficking in persons, selling or buying of children, sexual exploitation of children, or transporting, recruiting or harboring a person, including a child, for commercial sex acts;
(C) any act or acts constituting a continuing criminal enterprise, as that term is defined in section 408 of the Controlled Substances Act (21 U.S.C. 848);
(D) an offense under section 32 (relating to the destruction of aircraft), section 37 (relating to violence at international airports), section 115 (relating to influencing, impeding, or retaliating against a Federal official by threatening or injuring a family member), section 152 (relating to concealment of assets; false oaths and claims; bribery), section 175c (relating to the variola virus), section 215 (relating to commissions or gifts for procuring loans), section 351 (relating to congressional or Cabinet officer assassination), any of sections 500 through 503 (relating to certain counterfeiting offenses), section 513 (relating to securities of States and private entities), section 541 (relating to goods falsely classified), section 542 (relating to entry of goods by means of false statements), section 545 (relating to smuggling goods into the United States), section 549 (relating to removing goods from Customs custody), section 554 (relating to smuggling goods from the United States), section 641 (relating to public money, property, or records), section 656 (relating to theft, embezzlement, or misapplication by bank officer or employee), section 657 (relating to lending, credit, and insurance institutions), section 658 (relating to property mortgaged or pledged to farm credit agencies), section 666 (relating to theft or bribery concerning programs receiving Federal funds), section 793, 794, or 798 (relating to espionage), section 831 (relating to prohibited transactions involving nuclear materials), section 844 (f) or (i) (relating to destruction by explosives or fire of Government property or property affecting interstate or foreign commerce), section 875 (relating to interstate communications), section 922 (l) (relating to the unlawful importation of firearms), section 924 (n) (relating to firearms trafficking), section 956 (relating to conspiracy to kill, kidnap, maim, or injure certain property in a foreign country), section 1005 (relating to fraudulent bank entries), 1006 [2] (relating to fraudulent Federal credit institution entries), 1007 [2] (relating to Federal Deposit Insurance transactions), 1014 [2] (relating to fraudulent loan or credit applications), section 1030 (relating to computer fraud and abuse), 1032 [2] (relating to concealment of assets from conservator, receiver, or liquidating agent of financial institution), section 1111 (relating to murder), section 1114 (relating to murder of United States law enforcement officials), section 1116 (relating to murder of foreign officials, official guests, or internationally protected persons), section 1201 (relating to kidnaping), section 1203 (relating to hostage taking), section 1361 (relating to willful injury of Government property), section 1363 (relating to destruction of property within the special maritime and territorial jurisdiction), section 1708 (theft from the mail), section 1751 (relating to Presidential assassination), section 2113 or 2114 (relating to bank and postal robbery and theft), section 2280 (relating to violence against maritime navigation), section 2281 (relating to violence against maritime fixed platforms), section 2319 (relating to copyright infringement), section 2320 (relating to trafficking in counterfeit goods and services), section 2332 (relating to terrorist acts abroad against United States nationals), section 2332a (relating to use of weapons of mass destruction), section 2332b (relating to international terrorist acts transcending national boundaries), section 2332g (relating to missile systems designed to destroy aircraft), section 2332h (relating to radiological dispersal devices), section 2339A or 2339B (relating to providing material support to terrorists), section 2339C (relating to financing of terrorism), or section 2339D (relating to receiving military-type training from a foreign terrorist organization) of this title, section 46502 of title 49, United States Code, a felony violation of the Chemical Diversion and Trafficking Act of 1988 (relating to precursor and essential chemicals), section 590 of the Tariff Act of 1930 (19 U.S.C. 1590) (relating to aviation smuggling), section 422 of the Controlled Substances Act (relating to transportation of drug paraphernalia), section 38 (c) (relating to criminal violations) of the Arms Export Control Act, section 11 (relating to violations) of the Export Administration Act of 1979, section 206 (relating to penalties) of the International Emergency Economic Powers Act, section 16 (relating to offenses and punishment) of the Trading with the Enemy Act, any felony violation of section 15 of the Food Stamp Act of 1977 (relating to food stamp fraud) involving a quantity of coupons having a value of not less than $5,000, any violation of section 543(a)(1) of the Housing Act of 1949 (relating to equity skimming), any felony violation of the Foreign Agents Registration Act of 1938, any felony violation of the Foreign Corrupt Practices Act, or section 92 of the Atomic Energy Act of 1954 (42 U.S.C. 2122) (relating to prohibitions governing atomic weapons) [3] environmental crimes
(E) a felony violation of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), the Ocean Dumping Act (33 U.S.C. 1401 et seq.), the Act to Prevent Pollution from Ships (33 U.S.C. 1901 et seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), or the Resources Conservation and Recovery Act (42 U.S.C. 6901 et seq.); or
(F) any act or activity constituting an offense involving a Federal health care offense;
(8) the term “State” includes a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.
(d) Nothing in this section shall supersede any provision of Federal, State, or other law imposing criminal penalties or affording civil remedies in addition to those provided for in this section.
(e) Violations of this section may be investigated by such components of the Department of Justice as the Attorney General may direct, and by such components of the Department of the Treasury as the Secretary of the Treasury may direct, as appropriate, and, with respect to offenses over which the Department of Homeland Security has jurisdiction, by such components of the Department of Homeland Security as the Secretary of Homeland Security may direct, and, with respect to offenses over which the United States Postal Service has jurisdiction, by the Postal Service. Such authority of the Secretary of the Treasury, the Secretary of Homeland Security, and the Postal Service shall be exercised in accordance with an agreement which shall be entered into by the Secretary of the Treasury, the Secretary of Homeland Security, the Postal Service, and the Attorney General. Violations of this section involving offenses described in paragraph (c)(7)(E) may be investigated by such components of the Department of Justice as the Attorney General may direct, and the National Enforcement Investigations Center of the Environmental Protection Agency.
(f) There is extraterritorial jurisdiction over the conduct prohibited by this section if—
(1) the conduct is by a United States citizen or, in the case of a non-United States citizen, the conduct occurs in part in the United States; and
(2) the transaction or series of related transactions involves funds or monetary instruments of a value exceeding $10,000.
(g) Notice of Conviction of Financial Institutions.— If any financial institution or any officer, director, or employee of any financial institution has been found guilty of an offense under this section, section 1957 or 1960 of this title, or section 5322 or 5324 of title 31, the Attorney General shall provide written notice of such fact to the appropriate regulatory agency for the financial institution.
(h) Any person who conspires to commit any offense defined in this section or section 1957 shall be subject to the same penalties as those prescribed for the offense the commission of which was the object of the conspiracy.
(i) Venue.—
(1) Except as provided in paragraph (2), a prosecution for an offense under this section or section 1957 may be brought in—
(A) any district in which the financial or monetary transaction is conducted; or
(B) any district where a prosecution for the underlying specified unlawful activity could be brought, if the defendant participated in the transfer of the proceeds of the specified unlawful activity from that district to the district where the financial or monetary transaction is conducted.
(2) A prosecution for an attempt or conspiracy offense under this section or section 1957 may be brought in the district where venue would lie for the completed offense under paragraph (1), or in any other district where an act in furtherance of the attempt or conspiracy took place.
(3) For purposes of this section, a transfer of funds from 1 place to another, by wire or any other means, shall constitute a single, continuing transaction. Any person who conducts (as that term is defined in subsection (c)(2)) any portion of the transaction may be charged in any district in which the transaction takes place.
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[1] So in original. The second closing parenthesis probably should not appear.
[2] So in original. Probably should be preceded by “section”.
[3] So in original. Probably should be followed by a semicolon.
Saturday, October 3, 2009
POWER OF ATTORNEY DEFINED
What Is a 'Power of Attorney'?
A "power of attorney" is a written document in which you (the "principal") appoint someone else (called the "agent" or "attorney-in-fact") to act for you. Your agent can do any legal act you ask him or her to perform.
Why Is a Power of Attorney Important?
Everyone should think about having a power of attorney. Having one can be more important to your personal well being than a will. The power of attorney allows you to pick someone you trust to handle your affairs if you cannot do so yourself. It gives you peace of mind, reassuring you that in an emergency, someone you choose will have the authority to act for you. If you don't have a power of attorney and you are suddenly incapacitated, your family may have to go through an expensive and time-consuming court action to appoint a guardian or conservator to make decisions for you.
Are There Different Types of Powers of Attorney?
Yes. Powers of attorney can differ depending on when you want the powers to begin and end and on how much responsibility you want to give your agent.
Time
A conventional power of attorney begins when you sign it and continues until you become mentally incapacitated. But most people want someone to make decisions for them when they are unable to do so. If so, you have to say so in your document.
A durable power of attorney also begins when you sign it, but it stays in effect for your lifetime unless you cancel it. You must put specific words in the document stating that you want your agent's power to stay in effect even if you become incapacitated. If you want this feature, it's very important that you have these words in your document.
A springing power of attorney begins only when a specific event happens, such as when you become incapacitated. Your attorney must carefully draft a springing power of attorney to avoid any difficulty in determining exactly when the "springing" event has happened.
All powers of attorney come to an end at your death. Your agent will have no power to make any decisions after you die.
Responsibility
You can select the responsibilities, or powers, you want your agent to have. You can authorize your agent to do one thing, such as sell your car. Or you can give your agent the authority to do any legal act you could do yourself. You can give the agent a wide range of powers, such as having access to bank accounts, selling stocks, and managing real estate. You may want your agent to sign your income tax return, apply for benefits on your behalf, or make gifts to your favorite charities. Design your power of attorney to fit your anticipated needs.
Are There Any Risks Associated With Powers of Attorney?
The most important way to reduce any risk is to choose your agent carefully. Select someone you trust completely. Never forget that you are giving your agent the opportunity to access your funds at a time when you may not be able to keep tabs on what the agent is doing. So the person must be very trustworthy. You may also want to add ways for other people to check up on what your agent is doing when you cannot.
Will My Agent Be Able to Do My Banking?
If you want your agent to have access to your bank account, be sure to get your bank's authorization form and a signature card for your agent. Usually a bank has its own form to give your agent access to a particular account. If you don't contact the bank before you become incapacitated, the bank may not honor checks and withdrawals that your agent signs.
Giving your agent the authority to have access to your bank account is not the same thing as making a friend or relative a joint owner of the account. You'll want to make sure that you create the right kind of account so your agent has access to your funds but is not listed as an owner.
Can a Bank or Other Institution Refuse to Honor a Valid Power of Attorney?
State laws vary as to whether they penalize a third party, such as a bank or brokerage, for refusing to honor a power of attorney. The best answer to the question is to avoid the problem by being prepared. Once you've signed a power of attorney, contact any financial institutions where you have accounts, safe-deposit boxes, securities, and the like. Give the firms copies of the document and ask whether they have any questions or whether you have to sign other documents, such as authorizations or signature cards. Taking these actions, you can generally avoid any difficulty.
Whom Should I Choose as My Agent?
No one can tell you whom to choose as your agent. The person you choose needs to be someone you trust and someone who can do the job. It is best to avoid someone who is ill, inexperienced in financial matters, has a hard time managing their own money, or for some other reason wouldn't be able to handle the responsibilities. Between two equally qualified persons, the one who lives closer to you is generally the better choice.
Can I Name My Two Children as Co-Agents?
The law permits you to appoint co-agents. However, that may not be a good idea. To make decisions, the two must agree. If they disagree, they may have to go to court. This is really expensive, time-consuming, and defeats the major reason for having a power of attorney. If you have two equally qualified persons to choose between, you may want to name one as your agent and the other as a substitute to step in if your first choice cannot serve. You could also appoint one to make financial decisions and the other to make health care decisions. This is your choice. Do not allow yourself to be talked into selecting anyone other than the person you want.
I Already Have a Will. Can't My Executor Handle My Affairs?
No! Your will determines how your property will be distributed after you die. Your executor has no authority to act before your death. Your power of attorney deals with how to manage your property during your lifetime. On the other hand, your agent has no authority to act after you die.
Can I Still Manage My Own Affairs If I Sign a Power of Attorney?
Even if you sign a power of attorney, you can still manage your own affairs. You are not giving up anything. Instead, you are taking steps today so that your agent will be able to act when and how you have directed, if or when it becomes necessary.
Can I Cancel a Power of Attorney After I Sign It?
Yes. You can cancel, or revoke, a power of attorney at any time by tearing it up, by signing a new one, or by writing that you want to cancel it. You don't have to give any reason. If you do cancel, it's important to let your agent and anyone your agent has been dealing with know that you have canceled the agent's authority.
If I Give a Power of Attorney to Another, Do I Give Up the Right to Manage My Own Affairs?
No. As long as you remain legally competent, you retain full control over your affairs. Think of your agent under your durable power of attorney as an understudy waiting in the wings to help you. You don't hand over top billing until you want your agent to perform. You can change your mind.
A "power of attorney" is a written document in which you (the "principal") appoint someone else (called the "agent" or "attorney-in-fact") to act for you. Your agent can do any legal act you ask him or her to perform.
Why Is a Power of Attorney Important?
Everyone should think about having a power of attorney. Having one can be more important to your personal well being than a will. The power of attorney allows you to pick someone you trust to handle your affairs if you cannot do so yourself. It gives you peace of mind, reassuring you that in an emergency, someone you choose will have the authority to act for you. If you don't have a power of attorney and you are suddenly incapacitated, your family may have to go through an expensive and time-consuming court action to appoint a guardian or conservator to make decisions for you.
Are There Different Types of Powers of Attorney?
Yes. Powers of attorney can differ depending on when you want the powers to begin and end and on how much responsibility you want to give your agent.
Time
A conventional power of attorney begins when you sign it and continues until you become mentally incapacitated. But most people want someone to make decisions for them when they are unable to do so. If so, you have to say so in your document.
A durable power of attorney also begins when you sign it, but it stays in effect for your lifetime unless you cancel it. You must put specific words in the document stating that you want your agent's power to stay in effect even if you become incapacitated. If you want this feature, it's very important that you have these words in your document.
A springing power of attorney begins only when a specific event happens, such as when you become incapacitated. Your attorney must carefully draft a springing power of attorney to avoid any difficulty in determining exactly when the "springing" event has happened.
All powers of attorney come to an end at your death. Your agent will have no power to make any decisions after you die.
Responsibility
You can select the responsibilities, or powers, you want your agent to have. You can authorize your agent to do one thing, such as sell your car. Or you can give your agent the authority to do any legal act you could do yourself. You can give the agent a wide range of powers, such as having access to bank accounts, selling stocks, and managing real estate. You may want your agent to sign your income tax return, apply for benefits on your behalf, or make gifts to your favorite charities. Design your power of attorney to fit your anticipated needs.
Are There Any Risks Associated With Powers of Attorney?
The most important way to reduce any risk is to choose your agent carefully. Select someone you trust completely. Never forget that you are giving your agent the opportunity to access your funds at a time when you may not be able to keep tabs on what the agent is doing. So the person must be very trustworthy. You may also want to add ways for other people to check up on what your agent is doing when you cannot.
Will My Agent Be Able to Do My Banking?
If you want your agent to have access to your bank account, be sure to get your bank's authorization form and a signature card for your agent. Usually a bank has its own form to give your agent access to a particular account. If you don't contact the bank before you become incapacitated, the bank may not honor checks and withdrawals that your agent signs.
Giving your agent the authority to have access to your bank account is not the same thing as making a friend or relative a joint owner of the account. You'll want to make sure that you create the right kind of account so your agent has access to your funds but is not listed as an owner.
Can a Bank or Other Institution Refuse to Honor a Valid Power of Attorney?
State laws vary as to whether they penalize a third party, such as a bank or brokerage, for refusing to honor a power of attorney. The best answer to the question is to avoid the problem by being prepared. Once you've signed a power of attorney, contact any financial institutions where you have accounts, safe-deposit boxes, securities, and the like. Give the firms copies of the document and ask whether they have any questions or whether you have to sign other documents, such as authorizations or signature cards. Taking these actions, you can generally avoid any difficulty.
Whom Should I Choose as My Agent?
No one can tell you whom to choose as your agent. The person you choose needs to be someone you trust and someone who can do the job. It is best to avoid someone who is ill, inexperienced in financial matters, has a hard time managing their own money, or for some other reason wouldn't be able to handle the responsibilities. Between two equally qualified persons, the one who lives closer to you is generally the better choice.
Can I Name My Two Children as Co-Agents?
The law permits you to appoint co-agents. However, that may not be a good idea. To make decisions, the two must agree. If they disagree, they may have to go to court. This is really expensive, time-consuming, and defeats the major reason for having a power of attorney. If you have two equally qualified persons to choose between, you may want to name one as your agent and the other as a substitute to step in if your first choice cannot serve. You could also appoint one to make financial decisions and the other to make health care decisions. This is your choice. Do not allow yourself to be talked into selecting anyone other than the person you want.
I Already Have a Will. Can't My Executor Handle My Affairs?
No! Your will determines how your property will be distributed after you die. Your executor has no authority to act before your death. Your power of attorney deals with how to manage your property during your lifetime. On the other hand, your agent has no authority to act after you die.
Can I Still Manage My Own Affairs If I Sign a Power of Attorney?
Even if you sign a power of attorney, you can still manage your own affairs. You are not giving up anything. Instead, you are taking steps today so that your agent will be able to act when and how you have directed, if or when it becomes necessary.
Can I Cancel a Power of Attorney After I Sign It?
Yes. You can cancel, or revoke, a power of attorney at any time by tearing it up, by signing a new one, or by writing that you want to cancel it. You don't have to give any reason. If you do cancel, it's important to let your agent and anyone your agent has been dealing with know that you have canceled the agent's authority.
If I Give a Power of Attorney to Another, Do I Give Up the Right to Manage My Own Affairs?
No. As long as you remain legally competent, you retain full control over your affairs. Think of your agent under your durable power of attorney as an understudy waiting in the wings to help you. You don't hand over top billing until you want your agent to perform. You can change your mind.
Friday, October 2, 2009
LEGAL POWER OF ATTORNEY DATA:TEXAS
STATUTORY DURABLE POWER OF ATTORNEY
Under Texas Probate Code §490
THE STATE OF TEXAS §
COUNTY OF TARRANT §
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
Name of Principal:
Moore Money, also known as Morris Edward Money, Mo Money and M.E. Money
Address, Phone Number and Social Security Number of Principal:
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No.: 009-999-9999
Name of Agent (Attorney-In-Fact):
Lotta Money, also known as Lotta B. Goode, B. Goode, Mrs. Lotta Money and Mrs. Moore Money
Address, Phone Number and Social Security Number of Agent:
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
I, Moore Money, appoint Lotta Money as my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below.
TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.
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.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT WILL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) WILL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.
SPECIAL INSTRUCTIONS
Special instructions applicable to gifts (initial in front of the following sentence to have it apply):
I grant my agent (attorney in fact) the power to apply my property to make gifts, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. SEE BELOW.
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
Power to Certify Facts/Indemnification and Protection of Third Parties By Moore Money. Without limiting the foregoing, my agent will have the power to certify to any facts requested by a third party to evidence my agent's authority under this document, and any third party will be completely protected, held harmless and indemnified by me for any damages incurred as a result of relying on any such facts that turn out to be untrue.
Transfers to The Lotta Moore Money Family Trust. Without limiting the foregoing, my agent is expressly authorized to make transfers of property to the trustee, in trust, of The Lotta Moore Money Family Trust (as and if amended, adopted or restated), including any Subtrust established by or under The Lotta Moore Money Family Trust, without any restriction whatsoever.
Designating The Lotta Moore Money Family Trust as Beneficiary of Death Benefits. Without limiting the foregoing, my agent is also expressly authorized to execute any beneficiary designations on my behalf designating the trustee, in trust, of The Lotta Moore Money Family Trust (as and if amended), including any Subtrust established by or under The Lotta Moore Money Family Trust, as the beneficiary of any property or benefits under any contract or other arrangement with anyone.
Power of Substitution. Without limiting the foregoing, I hereby specially authorize my agent to make appointment of attorney by substitution and hereby ratify and confirm all such lawful acts that my agent or substitute may do or cause to be done by virtue of this document.
Power to Exercise Power of Appointment. Without limiting the foregoing, I hereby specially authorize my agent to exercise a power of appointment that I may have.
Power to Make Annual Exclusion Gifts. I hereby specially authorize my agent to make present interest gifts to my descendants or their spouses, but only if my agent reasonably believes that this will save estate taxes in my estate, and only if such gifts do not exceed $10,000 (or such lesser amount as is specified in IRC(1) §2503(b)) in any calendar year to any one person, and provided, further, that such gifts are fairly apportioned in a manner not showing favoritism or partiality. My agent may not make a gift to himself or herself, however.
Power to Make Tax Motivated Gifts. If I become incapacitated (whether or not so adjudicated), and the likelihood of my regaining capacity is determined by my Agent (acting in a fiduciary capacity) to be remote, and if, as a consequence of my incapacity, I am unable to make tax motivated gifts on my own, I specially authorize my agent to make tax motivated gifts to my descendants or their spouses, in any form or manner, provided that such gifts are fairly apportioned in a manner not showing favoritism or partiality, if my agent reasonably believes that such gifts will save estate or generation skipping taxes. My agent may not make a gift to himself or herself, however.
Power of Appointment is a Fiduciary Power and is Not a Power of Appointment. Notwithstanding the above or anything else in this document to the contrary, this power is to be held by the power holder in a fiduciary capacity for my benefit, and is not exercisable in favor of the power holder, his estate, his creditors, or the creditors of his estate. The preceding sentence will not prevent the power holder from paying my debts, even if the power holder is jointly liable along with me; however, such payment will not discharge the power holder to account to me and to reimburse me, in accordance with such principles of law and equity otherwise applicable. It is specially provided, however, that third parties relying on this power are under no duty whatsoever to determine the capacity in which the power is being exercised or the use to which it is being put. Notwithstanding the above or anything else in this document to the contrary, my agent will have no incident of ownership or other power over any policy of life insurance that insures the agent's life. (This provision will not, however, prohibit my agent from disposing of my Wife's one-half interest in our community property over which I have control and management (if any, and if I am married at the time) by conveying her interest to her or for her benefit.) The exercise of the power to transfer my property to The Lotta Moore Money Family Trust or to designate it as my death beneficiary is not prohibited by this paragraph because (a) it would be made at my direction and (b) I have retained the power to revoke and amend that trust.
Indemnification By Agent. My agent is authorized to indemnify and hold harmless any third party who accepts and acts under this power of agent.
Agent is Authorized to Sue Third Parties Who Refuse to Honor this Power. Further, my agent is authorized to take legal action to compel third parties to recognize the validity of this instrument, and my attorney-in-fact may sue for damages, both punitive and actual, in the case of a refusal by a third party to honor this power.
Revocation of Previous Powers. This power of attorney does not revoke any other powers of attorney.
Revocation of this Power. Unless this power of attorney is revoked by revocation filed with the County Clerk of Ripple County, Texas, the revocation will not be effective as to a third party relying on the power until the third party receives actual notice of the revocation. No person may exercise any power under this instrument if such person was, but is no longer, married to the Principal at the time of such purported exercise, or at such time as there is pending or in effect a legal or equitable action for, or decree or order of, annulment, divorce, separation, or separate maintenance, between the spouse and the Principal.
Multiple Power Holders. If more than one person simultaneously holds a Power of Attorney under this document, the Power must be exercised unanimously. If one or more joint holders of my power of attorney, if any, fails to qualify, is incapacitated, dies or otherwise ceases to act, the remaining joint holders (or sole holder as the case may be) of my power of attorney will hold the office, alone or jointly, as the case may be.
Definitions
As used in this instrument, the following terms, whether or not capitalized, will be given the following meanings, unless the context very clearly indicates otherwise.
a. The term "including" means "including but not limited to." The term "includes" means "includes but is not limited to." The term "include" means "include but are not limited to." Any "examples" given are by way of illustration and not by way of limitation, unless otherwise stated.
b. As used in this instrument, whenever the context so indicates, the masculine, feminine or neuter gender, and the singular or plural number, will include the others.
****
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:
(A) This Power of Attorney is not affected by my subsequent disability or incapacity.
(B) This Power of Attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I will be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.
I agree that any third party who receives a copy of this document may act under it. Revocation of the Durable Power of Attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.
If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent:
A. First Alternate Agent
Name:
Faith N. Money (Faith)
Address, Soc. Sec. No. & Phone (if available):
221B New Minglewood Avenue
Cucamonga, CA 90210
(900) 123-4567
B. Second Alternate Agent
Name:
Infidelity Trust
Address, Soc. Sec. No. & Phone (if available):
999 Sugar Magnolia Ave.
Gray Folded, CA 90111
(555) 551-5515
Date Signed:
Sunday, November 8, 1998
Moore Money, Principal
SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF:
We, the undersigned persons, of lawful age, declare that this instrument was signed and acknowledged by Moore Money, the above-named Principal, as his Power of Attorney, in our presence, and we, at his request, and in his presence, and in the presence of each other, have subscribed our names to this instrument as attesting witnesses on the day and year last above written; and we certify that, in our opinion and belief, Moore Money is of sound mind.
Cynthia L. Lee, Witness
Loma Stooksberry, Witness
THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
§STATE OF TEXAS
§COUNTY OF TARRANT
On Sunday, November 8, 1998, the above and foregoing instrument was SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME, a Notary Public in and for the State of Texas, by Moore Money, known to me to reside in Ripple County, Texas, and by the two witnesses whose names appear above, all three of whom are personally known to me to be over eighteen years of age, and, being by me first duly sworn, each of such persons declared that the statements therein contained are true and correct and that the foregoing instrument was signed for the purposes and consideration therein expressed.
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
Receipt Acknowledged and Office Accepted
Date Signed:
Lotta Money, Attorney-in-Fact
DECLARATION OF GUARDIAN IN THE EVENT OF LATER INCOMPETENCE OR NEED OF GUARDIAN
In accordance with Tex. Prob. Code §679, I, Moore Money, make this Declaration of Guardian, to operate if the need for a guardian for me later arises.
1. I designate Lotta Money to serve as guardian of my person.
I designate Faith N. Money (Faith) to serve as first alternate guardian of my person.
2. I designate Lotta Money to serve as guardian of my estate.
I designate Infidelity Trust to serve as first alternate guardian of my estate.
I designate Faith N. Money (Faith) to serve as second alternate guardian of my estate.
3. If any guardian or alternate guardian dies, does not qualify, or resigns, the next named alternate guardian becomes my guardian.
4. I expressly disqualify the following persons from serving as guardian of my person: my son, Cosmic Charlie.
5. I expressly disqualify the following persons from serving as guardian of my estate: my son, Cosmic Charlie.
Date Signed:
Sunday, November 8, 1998
Moore Money
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, First Witness
Date Signed:
Sunday, November 8, 1998
Loma Stooksberry, Second Witness
SELF-PROVING AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared the declarant, Moore Money, and Cynthia L. Lee and Loma Stooksberry as witnesses, and all being duly sworn, the declarant said that the above instrument was his Declaration of Guardian and that the declarant had made and executed it for the purposes expressed in the declaration. The witnesses declared to me that they are each 14 years of age or older, that they saw the declarant sign the declaration, that they signed the declaration as witnesses, and that the declarant appeared to them to be of sound mind.
Moore Money, Affiant (Declarant)
Cynthia L. Lee, Affiant (Witness)
Loma Stooksberry, Affiant (Witness)
Subscribed and sworn to before me by the above named declarant and affiants on this Sunday, November 8, 1998 .
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
AFTER RECORDING RETURN TO:
Noel C. Ice
Cantey & Hanger, L.L.P.
2100 Burnett Plaza
801 Cherry Street
Fort Worth, Texas 76102-6898
PREPARED IN THE LAW OFFICE OF:
Cantey & Hanger, L.L.P. (Noel C. Ice)
2100 Burnett Plaza
801 Cherry Street
Fort Worth, Texas 76102-6898
Front Desk (817) 877-2800
Metro (817) 429-3815
Direct Line (817) 877-2885
FAX (817) 877-2807
INFORMATION CONCERNING THE DURABLE
POWER OF ATTORNEY FOR HEALTH CARE
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
Except to the extent you state otherwise, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of health care decisions for you. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion.
A physician must comply with your agent's instructions or allow you to be transferred to another physician.
Your agent's authority begins when your doctor certifies that you lack the capacity to make health care decisions. Your agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had.
It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.
The person you appoint as agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider; the law does not permit a person to do both at the same time. You should inform the person you appoint that you want the person to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your agent is not liable for health care decisions made in good faith on your behalf.
Even after you have signed this document, you have the right to make health care decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent durable power of attorney for health care. Unless you state otherwise, your appointment of a spouse dissolves on divorce.
This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one.
You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. Any alternate agent you designate has the same authority to make health care decisions for you.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO OR MORE QUALIFIED WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS WITNESSES:
(1) the person you have designated as your agent;
(2) your health or residential care provider or an employee of your health or residential care provider;
(3) your spouse;
(4) your lawful heirs or beneficiaries named in your will or a deed; or
(5) creditors or persons who have a claim against you.
I acknowledge receipt of this disclosure statement prior to execution of the Durable Power of Attorney for Health Care, and I affirm that I have read and understand the information contained in this disclosure statement.
Moore Money
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DESIGNATION OF HEALTH CARE AGENT(2)
I, Moore Money appoint:
Name:
Lotta Money
Address, Soc. Sec. No. & Phone (if available):
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
as my agent to make any and all health care decisions for me, except to the extent I state otherwise in this document. This durable power of attorney for health care takes effect if I become unable to make my own health care decisions and this fact is certified in writing by my physician.
LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE AS FOLLOWS: My Agent will honor and be bound by any Directive To Physicians that I have made under The Texas Natural Death Act,(3) if, but only if, that Directive would otherwise require (under the circumstances then existing) that life-sustaining procedures be withheld or withdrawn. The fact that I may have executed a Directive to Physicians will not limit the power of my Agent to act under this Durable Power For Health Care, unless the Directive to Physicians would otherwise operate to require that life-sustaining procedures be withheld or withdrawn.
DESIGNATION OF ALTERNATE AGENT. (You are not required to designate an alternate agent but you may do so. An alternate agent may make the same health care decisions as the designated agent if the designated agent is unable or unwilling to act as your agent. If the agent designated is your spouse, the designation is automatically revoked by law if your marriage is dissolved.)
If the person designated as my agent is unable or unwilling to make health care decisions for me, I designate the following persons to serve as my agent to make health care decisions for me as authorized by this document, who serve in the following order:
A. First Alternate Agent
Name:
Faith N. Money (Faith)
Address, Soc. Sec. No. & Phone (if available):
221B New Minglewood Avenue
Cucamonga, CA 90210
(900) 123-4567
The original of this document is kept at
Name:
Address, Soc. Sec. No. & Phone (if available):
xxxxxxsssdfwereeeexxxxxxxxxxxxxxx
The following individuals or institutions have signed copies:
Moore Money and Lotta Money
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
Lotta Money
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
Noel C. Ice
Offices of Cantey & Hanger, L.L.P., 2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102-6898, (817) 877-2800, (817) 877-2885 (Direct Line).
xxxxxxsssdfwereeeexxxxxxxxxxxxxxxDURATION. I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent continues to exist until the time I become able to make health care decisions for myself.
(IF APPLICABLE) This power of attorney ends on the following date: Not Applicable.
PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.
ACKNOWLEDGMENT OF DISCLOSURE STATEMENT. I have been provided with a disclosure statement explaining the effect of this document. I have read and understand that information contained in the disclosure statement.
I sign my name to this durable power of attorney for health care on
Sunday, November 8, 1998 at Fort Worth, Tarrant County, Texas.
Moore Money, Principal
STATEMENT OF WITNESSES.
I declare under penalty of perjury that the principal has identified himself or herself to me, that the principal signed or acknowledged this durable power of attorney in my presence, that I believe the principal to be of sound mind, that the principal has affirmed that the principal is aware of the nature of the document and is signing it voluntarily and free from duress, that the principal requested that I serve as witness to the principal's execution of this document, that I am not the person appointed as agent by this document, and that I am not a provider of health or residential care, an employee of a provider of health or residential care, the operator of a community care facility, or an employee of an operator of a health care facility.
I declare that I am not related to the principal by blood, marriage, or adoption and that to the best of my knowledge I am not entitled to any part of the estate of the principal on the death of the principal under a will or by operation of law.
Witness Signature:
Print Name:
Cynthia L. Lee
Date Signed:
Sunday, November 8, 1998
Address:
2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102.
Witness Signature:
Print Name:
Loma Stooksberry
Date Signed:
Sunday, November 8, 1998
Address:
2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102.
§STATE OF TEXAS
§COUNTY OF TARRANT
On the date last above written, the above and foregoing instrument was SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME, a Notary Public in and for the state of Texas, by Moore Money and the two witnesses whose names last appear above, each of whom personally appeared before me, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the foregoing instrument and, being by me first duly sworn, declared that the statements th
erein contained are true and correct and that the foregoing instrument was signed for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on the day and the year last above written.
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
DIRECTIVE TO PHYSICIANS
Made Under The Texas Natural Death Act(4)
Directive made and signed on the date of my signature as set forth below.
I, Moore Money, being of sound mind, willfully and voluntarily make known my desire that my life will not be artificially prolonged under the circumstances set forth in this directive.
1. If at any time I should have an incurable or irreversible condition caused by injury, disease, or illness certified to be a terminal condition by two physicians, and if the application of life-sustaining procedures would serve only to artificially postpone the moment of my death, and if my attending physician determines that my death is imminent or will result within a relatively short time without the application of life-sustaining procedures, I direct that those procedures be withheld or withdrawn, and that I be permitted to die naturally.
2. In the absence of my ability to give directions regarding the use of those life-sustaining procedures, it is my intention that this directive be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from that refusal.
3. RESERVED.
4. This directive is in effect until it is revoked.
5. I understand the full import of this directive and I am emotionally and mentally competent to make this directive.
6. I understand that I may revoke this directive at any time.
Date Signed:
Sunday, November 8, 1998
Moore Money
City, County, and State of Residence: New Minglewood, Ripple County, Texas.
Two witnesses must sign the directive in the spaces provided below.
I am not a person designated by Moore Money ("the declarant") to make a treatment decision. I am not related to the declarant by blood or marriage. I would not be entitled to any portion of the declarant's estate on the declarant's death. I am not the attending physician of the declarant or an employee of the attending physician. I have no claim against any portion of the declarant's estate on the declarant's death. Furthermore, if I am an employee of a health care facility in which the declarant is a patient, I am not involved in providing direct patient care to the declarant and am not an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, First Witness
Date Signed:
Sunday, November 8, 1998
Loma Stooksberry, Second Witness
UNIFORM ANATOMICAL GIFT ACT
DONOR FORM
Donor's full name: Moore Money
Street address: 2525 West L.A. Freeway, New Minglewood, TX 76999, (817) 999-9999
Social Security Number: 009-999-9999
Date of Birth: 10/1/29
Place of Birth: Desert City, Lion's Den County, Texas
Donor's next of kin: Lotta Money
Relationship to donor: Wife
Street address of next of kin: 2525 West L.A. Freeway, New Minglewood, TX 76999, (817) 999-9999
In hope that I may help others, I hereby make this anatomical gift, if medically acceptable, to take effect upon my death. The words and marks below indicate my desires:
I give to the Living Bank any needed organs and tissues.
In the event that the Living Bank is unable to accept this gift by reason of the time or place of my death, or for any other reason declines to accept this gift, then I direct that this gift may be received by any institution of similar purpose that is authorized by law to accept this gift. One such institution would be Midwest Organ Bank, 1900 W. 47th Place, Ste. 400, Westwood, KS 66205, (913) 262-1666.
Signed by the donor and two witnesses of legal age, in the presence of each other.
Date Signed:
Sunday, November 8, 1998
Moore Money, Donor
Date Signed:
Sunday, November 8, 1998
Lotta Money (Wife of Donor), First Witness
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, Second Witness
Instructions When this form is completed and returned to The Living Bank, a donor card will be sent to you, to be carried with your driver's license at all times. The form and card are legal documents in all 50 states.
The Living Bank
P. O. Box 6725
Houston, Texas 77265
(800) 528-2971
(713) 528-2971
The form must be signed by yourself and two witnesses of legal age. At least one witness must be a parent or legal guardian if the donor is a minor. The donor and witnesses must sign the form in one another's presence. Your next of kin is preferred as a witness, assuring that he or she knows of your decision.
Funeral and Burial Instructions
Moore Money
Choose those provisions from the list below that describe your desires by initialing the applicable blanks in the left hand column and by filling in any other needed information in the blanks provided in the right hand column.
Initials
FUNERAL
according to the ritual of [identify religious or other organization].
[OR]
as follows
[Specify.]
[OR]
I direct that my funeral and burial be conducted in accordance with the instructions previously given by me in that certain agreement dated
entered into between myself and
[name and address of funeral home.]
Initials
INTERNMENT/CREMATION
I further direct that my remains be
[Specify. E.g., buried in the family plot at (name and address of cemetery) ]
[OR]
I direct that my body be cremated, and that the ashes be placed in
[describe container or other receptacle for ashes] and thereafter be
[Specify. E.g., retained at the
(name of mausoleum or memorial park) at
(address) or other disposition. E.g., scattered over the Gulf of Mexico.]
Initials
PURCHASE OF HEADSTONE/MONUMENT
I direct my Executor to purchase, for a sum not to exceed $ ,
a [headstone or marker or monument] for my grave, on which there will be inscribed the words, "
"
[or state any other suitable description of type of headstone, marker, or monument that you desire.] This
[headstone or marker or monument] will be placed on my grave as soon as practicable.
[AND/OR]
Agency Alternative To the Above
§711.002 of the Texas Health and Safety Code provides
§ 711.002. Disposition of Remains; Duty to Inter
(a) Unless a decedent has left directions in writing for the disposition of the decedent's remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, will inter the remains, and are liable for the reasonable cost of interment:
(1) the person designated in a written instrument(5) signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings; or
(6) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
(b) The written instrument referred to in Subsection (a)(1) will be in substantially the following form: . . .
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My Executor is directed to take all actions necessary to comply with these instructions. No different funeral or burial arrangements may be made or entered into by my heirs or by my Executor.
Date Signed:
Moore Money
1. *All references herein to the "IRC" are to the Internal Revenue Code of 1986, as amended, unless otherwise indicated.
2. 1Tex. Rev. Civ. Stat. art. 4590h-1.
3. 1Health and Safety Code Chapter 672.
4. 2Texas Health and Safety Code, Chapter 672.
5. 3Special Notes From Counsel: The provisions of this instrument, if completed, serve as the written direction described in the statute quoted in the box above. If (1) you did not complete any of the foregoing provisions of this instrument, or did not sign it, and (2) would prefer to give a disposition power to someone who would not otherwise have that power under the statute, then we will prepare the statutory form for you, if you request it.
Under Texas Probate Code §490
THE STATE OF TEXAS §
COUNTY OF TARRANT §
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE EXPLAINED IN THE DURABLE POWER OF ATTORNEY ACT, CHAPTER XII, TEXAS PROBATE CODE. IF YOU HAVE ANY QUESTIONS ABOUT THESE POWERS, OBTAIN COMPETENT LEGAL ADVICE. THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO.
Name of Principal:
Moore Money, also known as Morris Edward Money, Mo Money and M.E. Money
Address, Phone Number and Social Security Number of Principal:
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No.: 009-999-9999
Name of Agent (Attorney-In-Fact):
Lotta Money, also known as Lotta B. Goode, B. Goode, Mrs. Lotta Money and Mrs. Moore Money
Address, Phone Number and Social Security Number of Agent:
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
I, Moore Money, appoint Lotta Money as my agent (attorney-in-fact) to act for me in any lawful way with respect to all of the following powers except for a power that I have crossed out below.
TO WITHHOLD A POWER, YOU MUST CROSS OUT EACH POWER WITHHELD.
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.
IF NO POWER LISTED ABOVE IS CROSSED OUT, THIS DOCUMENT WILL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF ATTORNEY AND MY AGENT (ATTORNEY IN FACT) WILL HAVE THE POWER AND AUTHORITY TO PERFORM OR UNDERTAKE ANY ACTION I COULD PERFORM OR UNDERTAKE IF I WERE PERSONALLY PRESENT.
SPECIAL INSTRUCTIONS
Special instructions applicable to gifts (initial in front of the following sentence to have it apply):
I grant my agent (attorney in fact) the power to apply my property to make gifts, except that the amount of a gift to an individual may not exceed the amount of annual exclusions allowed from the federal gift tax for the calendar year of the gift. SEE BELOW.
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSTRUCTIONS LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
Power to Certify Facts/Indemnification and Protection of Third Parties By Moore Money. Without limiting the foregoing, my agent will have the power to certify to any facts requested by a third party to evidence my agent's authority under this document, and any third party will be completely protected, held harmless and indemnified by me for any damages incurred as a result of relying on any such facts that turn out to be untrue.
Transfers to The Lotta Moore Money Family Trust. Without limiting the foregoing, my agent is expressly authorized to make transfers of property to the trustee, in trust, of The Lotta Moore Money Family Trust (as and if amended, adopted or restated), including any Subtrust established by or under The Lotta Moore Money Family Trust, without any restriction whatsoever.
Designating The Lotta Moore Money Family Trust as Beneficiary of Death Benefits. Without limiting the foregoing, my agent is also expressly authorized to execute any beneficiary designations on my behalf designating the trustee, in trust, of The Lotta Moore Money Family Trust (as and if amended), including any Subtrust established by or under The Lotta Moore Money Family Trust, as the beneficiary of any property or benefits under any contract or other arrangement with anyone.
Power of Substitution. Without limiting the foregoing, I hereby specially authorize my agent to make appointment of attorney by substitution and hereby ratify and confirm all such lawful acts that my agent or substitute may do or cause to be done by virtue of this document.
Power to Exercise Power of Appointment. Without limiting the foregoing, I hereby specially authorize my agent to exercise a power of appointment that I may have.
Power to Make Annual Exclusion Gifts. I hereby specially authorize my agent to make present interest gifts to my descendants or their spouses, but only if my agent reasonably believes that this will save estate taxes in my estate, and only if such gifts do not exceed $10,000 (or such lesser amount as is specified in IRC(1) §2503(b)) in any calendar year to any one person, and provided, further, that such gifts are fairly apportioned in a manner not showing favoritism or partiality. My agent may not make a gift to himself or herself, however.
Power to Make Tax Motivated Gifts. If I become incapacitated (whether or not so adjudicated), and the likelihood of my regaining capacity is determined by my Agent (acting in a fiduciary capacity) to be remote, and if, as a consequence of my incapacity, I am unable to make tax motivated gifts on my own, I specially authorize my agent to make tax motivated gifts to my descendants or their spouses, in any form or manner, provided that such gifts are fairly apportioned in a manner not showing favoritism or partiality, if my agent reasonably believes that such gifts will save estate or generation skipping taxes. My agent may not make a gift to himself or herself, however.
Power of Appointment is a Fiduciary Power and is Not a Power of Appointment. Notwithstanding the above or anything else in this document to the contrary, this power is to be held by the power holder in a fiduciary capacity for my benefit, and is not exercisable in favor of the power holder, his estate, his creditors, or the creditors of his estate. The preceding sentence will not prevent the power holder from paying my debts, even if the power holder is jointly liable along with me; however, such payment will not discharge the power holder to account to me and to reimburse me, in accordance with such principles of law and equity otherwise applicable. It is specially provided, however, that third parties relying on this power are under no duty whatsoever to determine the capacity in which the power is being exercised or the use to which it is being put. Notwithstanding the above or anything else in this document to the contrary, my agent will have no incident of ownership or other power over any policy of life insurance that insures the agent's life. (This provision will not, however, prohibit my agent from disposing of my Wife's one-half interest in our community property over which I have control and management (if any, and if I am married at the time) by conveying her interest to her or for her benefit.) The exercise of the power to transfer my property to The Lotta Moore Money Family Trust or to designate it as my death beneficiary is not prohibited by this paragraph because (a) it would be made at my direction and (b) I have retained the power to revoke and amend that trust.
Indemnification By Agent. My agent is authorized to indemnify and hold harmless any third party who accepts and acts under this power of agent.
Agent is Authorized to Sue Third Parties Who Refuse to Honor this Power. Further, my agent is authorized to take legal action to compel third parties to recognize the validity of this instrument, and my attorney-in-fact may sue for damages, both punitive and actual, in the case of a refusal by a third party to honor this power.
Revocation of Previous Powers. This power of attorney does not revoke any other powers of attorney.
Revocation of this Power. Unless this power of attorney is revoked by revocation filed with the County Clerk of Ripple County, Texas, the revocation will not be effective as to a third party relying on the power until the third party receives actual notice of the revocation. No person may exercise any power under this instrument if such person was, but is no longer, married to the Principal at the time of such purported exercise, or at such time as there is pending or in effect a legal or equitable action for, or decree or order of, annulment, divorce, separation, or separate maintenance, between the spouse and the Principal.
Multiple Power Holders. If more than one person simultaneously holds a Power of Attorney under this document, the Power must be exercised unanimously. If one or more joint holders of my power of attorney, if any, fails to qualify, is incapacitated, dies or otherwise ceases to act, the remaining joint holders (or sole holder as the case may be) of my power of attorney will hold the office, alone or jointly, as the case may be.
Definitions
As used in this instrument, the following terms, whether or not capitalized, will be given the following meanings, unless the context very clearly indicates otherwise.
a. The term "including" means "including but not limited to." The term "includes" means "includes but is not limited to." The term "include" means "include but are not limited to." Any "examples" given are by way of illustration and not by way of limitation, unless otherwise stated.
b. As used in this instrument, whenever the context so indicates, the masculine, feminine or neuter gender, and the singular or plural number, will include the others.
****
UNLESS YOU DIRECT OTHERWISE ABOVE, THIS POWER OF ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UNTIL IT IS REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING OUT THE ALTERNATIVE NOT CHOSEN:
(A) This Power of Attorney is not affected by my subsequent disability or incapacity.
(B) This Power of Attorney becomes effective upon my disability or incapacity.
YOU SHOULD CHOOSE ALTERNATIVE (A) IF THIS POWER OF ATTORNEY IS TO BECOME EFFECTIVE ON THE DATE IT IS EXECUTED.
IF NEITHER (A) NOR (B) IS CROSSED OUT, IT WILL BE ASSUMED THAT YOU CHOSE ALTERNATIVE (A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not contained in this power of attorney, I will be considered disabled or incapacitated for purposes of this power of attorney if a physician certifies in writing at a date later than the date this power of attorney is executed that, based on the physician's medical examination of me, I am mentally incapable of managing my financial affairs. I authorize the physician who examines me for this purpose to disclose my physical or mental condition to another person for purposes of this power of attorney. A third party who accepts this power of attorney is fully protected from any action taken under this power of attorney that is based on the determination made by a physician of my disability or incapacity.
I agree that any third party who receives a copy of this document may act under it. Revocation of the Durable Power of Attorney is not effective as to a third party until the third party receives actual notice of the revocation. I agree to indemnify the third party for any claims that arise against the third party because of reliance on this Power of Attorney.
If any agent named by me dies, becomes legally disabled, resigns, or refuses to act, I name the following (each to act alone and successively, in the order named) as successor(s) to that agent:
A. First Alternate Agent
Name:
Faith N. Money (Faith)
Address, Soc. Sec. No. & Phone (if available):
221B New Minglewood Avenue
Cucamonga, CA 90210
(900) 123-4567
B. Second Alternate Agent
Name:
Infidelity Trust
Address, Soc. Sec. No. & Phone (if available):
999 Sugar Magnolia Ave.
Gray Folded, CA 90111
(555) 551-5515
Date Signed:
Sunday, November 8, 1998
Moore Money, Principal
SIGNED AND ACKNOWLEDGED IN THE PRESENCE OF:
We, the undersigned persons, of lawful age, declare that this instrument was signed and acknowledged by Moore Money, the above-named Principal, as his Power of Attorney, in our presence, and we, at his request, and in his presence, and in the presence of each other, have subscribed our names to this instrument as attesting witnesses on the day and year last above written; and we certify that, in our opinion and belief, Moore Money is of sound mind.
Cynthia L. Lee, Witness
Loma Stooksberry, Witness
THE ATTORNEY IN FACT OR AGENT, BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.
§STATE OF TEXAS
§COUNTY OF TARRANT
On Sunday, November 8, 1998, the above and foregoing instrument was SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME, a Notary Public in and for the State of Texas, by Moore Money, known to me to reside in Ripple County, Texas, and by the two witnesses whose names appear above, all three of whom are personally known to me to be over eighteen years of age, and, being by me first duly sworn, each of such persons declared that the statements therein contained are true and correct and that the foregoing instrument was signed for the purposes and consideration therein expressed.
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
Receipt Acknowledged and Office Accepted
Date Signed:
Lotta Money, Attorney-in-Fact
DECLARATION OF GUARDIAN IN THE EVENT OF LATER INCOMPETENCE OR NEED OF GUARDIAN
In accordance with Tex. Prob. Code §679, I, Moore Money, make this Declaration of Guardian, to operate if the need for a guardian for me later arises.
1. I designate Lotta Money to serve as guardian of my person.
I designate Faith N. Money (Faith) to serve as first alternate guardian of my person.
2. I designate Lotta Money to serve as guardian of my estate.
I designate Infidelity Trust to serve as first alternate guardian of my estate.
I designate Faith N. Money (Faith) to serve as second alternate guardian of my estate.
3. If any guardian or alternate guardian dies, does not qualify, or resigns, the next named alternate guardian becomes my guardian.
4. I expressly disqualify the following persons from serving as guardian of my person: my son, Cosmic Charlie.
5. I expressly disqualify the following persons from serving as guardian of my estate: my son, Cosmic Charlie.
Date Signed:
Sunday, November 8, 1998
Moore Money
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, First Witness
Date Signed:
Sunday, November 8, 1998
Loma Stooksberry, Second Witness
SELF-PROVING AFFIDAVIT
Before me, the undersigned authority, on this date personally appeared the declarant, Moore Money, and Cynthia L. Lee and Loma Stooksberry as witnesses, and all being duly sworn, the declarant said that the above instrument was his Declaration of Guardian and that the declarant had made and executed it for the purposes expressed in the declaration. The witnesses declared to me that they are each 14 years of age or older, that they saw the declarant sign the declaration, that they signed the declaration as witnesses, and that the declarant appeared to them to be of sound mind.
Moore Money, Affiant (Declarant)
Cynthia L. Lee, Affiant (Witness)
Loma Stooksberry, Affiant (Witness)
Subscribed and sworn to before me by the above named declarant and affiants on this Sunday, November 8, 1998 .
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
AFTER RECORDING RETURN TO:
Noel C. Ice
Cantey & Hanger, L.L.P.
2100 Burnett Plaza
801 Cherry Street
Fort Worth, Texas 76102-6898
PREPARED IN THE LAW OFFICE OF:
Cantey & Hanger, L.L.P. (Noel C. Ice)
2100 Burnett Plaza
801 Cherry Street
Fort Worth, Texas 76102-6898
Front Desk (817) 877-2800
Metro (817) 429-3815
Direct Line (817) 877-2885
FAX (817) 877-2807
INFORMATION CONCERNING THE DURABLE
POWER OF ATTORNEY FOR HEALTH CARE
THIS IS AN IMPORTANT LEGAL DOCUMENT. BEFORE SIGNING THIS DOCUMENT, YOU SHOULD KNOW THESE IMPORTANT FACTS:
Except to the extent you state otherwise, this document gives the person you name as your agent the authority to make any and all health care decisions for you in accordance with your wishes, including your religious and moral beliefs, when you are no longer capable of making them yourself. Because "health care" means any treatment, service, or procedure to maintain, diagnose, or treat your physical or mental condition, your agent has the power to make a broad range of health care decisions for you. Your agent may consent, refuse to consent, or withdraw consent to medical treatment and may make decisions about withdrawing or withholding life-sustaining treatment. Your agent may not consent to voluntary inpatient mental health services, convulsive treatment, psychosurgery, or abortion.
A physician must comply with your agent's instructions or allow you to be transferred to another physician.
Your agent's authority begins when your doctor certifies that you lack the capacity to make health care decisions. Your agent is obligated to follow your instructions when making decisions on your behalf. Unless you state otherwise, your agent has the same authority to make decisions about your health care as you would have had.
It is important that you discuss this document with your physician or other health care provider before you sign it to make sure that you understand the nature and range of decisions that may be made on your behalf. If you do not have a physician, you should talk with someone else who is knowledgeable about these issues and can answer your questions. You do not need a lawyer's assistance to complete this document, but if there is anything in this document that you do not understand, you should ask a lawyer to explain it to you.
The person you appoint as agent should be someone you know and trust. The person must be 18 years of age or older or a person under 18 years of age who has had the disabilities of minority removed. If you appoint your health or residential care provider (e.g., your physician or an employee of a home health agency, hospital, nursing home, or residential care home, other than a relative), that person has to choose between acting as your agent or as your health or residential care provider; the law does not permit a person to do both at the same time. You should inform the person you appoint that you want the person to be your health care agent. You should discuss this document with your agent and your physician and give each a signed copy. You should indicate on the document itself the people and institutions who have signed copies. Your agent is not liable for health care decisions made in good faith on your behalf.
Even after you have signed this document, you have the right to make health care decisions for yourself as long as you are able to do so and treatment cannot be given to you or stopped over your objection. You have the right to revoke the authority granted to your agent by informing your agent or your health or residential care provider orally or in writing or by your execution of a subsequent durable power of attorney for health care. Unless you state otherwise, your appointment of a spouse dissolves on divorce.
This document may not be changed or modified. If you want to make changes in the document, you must make an entirely new one.
You may wish to designate an alternate agent in the event that your agent is unwilling, unable, or ineligible to act as your agent. Any alternate agent you designate has the same authority to make health care decisions for you.
THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS SIGNED IN THE PRESENCE OF TWO OR MORE QUALIFIED WITNESSES. THE FOLLOWING PERSONS MAY NOT ACT AS WITNESSES:
(1) the person you have designated as your agent;
(2) your health or residential care provider or an employee of your health or residential care provider;
(3) your spouse;
(4) your lawful heirs or beneficiaries named in your will or a deed; or
(5) creditors or persons who have a claim against you.
I acknowledge receipt of this disclosure statement prior to execution of the Durable Power of Attorney for Health Care, and I affirm that I have read and understand the information contained in this disclosure statement.
Moore Money
DURABLE POWER OF ATTORNEY FOR HEALTH CARE
DESIGNATION OF HEALTH CARE AGENT(2)
I, Moore Money appoint:
Name:
Lotta Money
Address, Soc. Sec. No. & Phone (if available):
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
as my agent to make any and all health care decisions for me, except to the extent I state otherwise in this document. This durable power of attorney for health care takes effect if I become unable to make my own health care decisions and this fact is certified in writing by my physician.
LIMITATIONS ON THE DECISION-MAKING AUTHORITY OF MY AGENT ARE AS FOLLOWS: My Agent will honor and be bound by any Directive To Physicians that I have made under The Texas Natural Death Act,(3) if, but only if, that Directive would otherwise require (under the circumstances then existing) that life-sustaining procedures be withheld or withdrawn. The fact that I may have executed a Directive to Physicians will not limit the power of my Agent to act under this Durable Power For Health Care, unless the Directive to Physicians would otherwise operate to require that life-sustaining procedures be withheld or withdrawn.
DESIGNATION OF ALTERNATE AGENT. (You are not required to designate an alternate agent but you may do so. An alternate agent may make the same health care decisions as the designated agent if the designated agent is unable or unwilling to act as your agent. If the agent designated is your spouse, the designation is automatically revoked by law if your marriage is dissolved.)
If the person designated as my agent is unable or unwilling to make health care decisions for me, I designate the following persons to serve as my agent to make health care decisions for me as authorized by this document, who serve in the following order:
A. First Alternate Agent
Name:
Faith N. Money (Faith)
Address, Soc. Sec. No. & Phone (if available):
221B New Minglewood Avenue
Cucamonga, CA 90210
(900) 123-4567
The original of this document is kept at
Name:
Address, Soc. Sec. No. & Phone (if available):
xxxxxxsssdfwereeeexxxxxxxxxxxxxxx
The following individuals or institutions have signed copies:
Moore Money and Lotta Money
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
Lotta Money
2525 Mars Hotel
999 West L.A. Freeway
New Minglewood, TX 76999
(817) 999-9999
Soc. Sec. No. 007-999-9999
Noel C. Ice
Offices of Cantey & Hanger, L.L.P., 2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102-6898, (817) 877-2800, (817) 877-2885 (Direct Line).
xxxxxxsssdfwereeeexxxxxxxxxxxxxxxDURATION. I understand that this power of attorney exists indefinitely from the date I execute this document unless I establish a shorter time or revoke the power of attorney. If I am unable to make health care decisions for myself when this power of attorney expires, the authority I have granted my agent continues to exist until the time I become able to make health care decisions for myself.
(IF APPLICABLE) This power of attorney ends on the following date: Not Applicable.
PRIOR DESIGNATIONS REVOKED. I revoke any prior durable power of attorney for health care.
ACKNOWLEDGMENT OF DISCLOSURE STATEMENT. I have been provided with a disclosure statement explaining the effect of this document. I have read and understand that information contained in the disclosure statement.
I sign my name to this durable power of attorney for health care on
Sunday, November 8, 1998 at Fort Worth, Tarrant County, Texas.
Moore Money, Principal
STATEMENT OF WITNESSES.
I declare under penalty of perjury that the principal has identified himself or herself to me, that the principal signed or acknowledged this durable power of attorney in my presence, that I believe the principal to be of sound mind, that the principal has affirmed that the principal is aware of the nature of the document and is signing it voluntarily and free from duress, that the principal requested that I serve as witness to the principal's execution of this document, that I am not the person appointed as agent by this document, and that I am not a provider of health or residential care, an employee of a provider of health or residential care, the operator of a community care facility, or an employee of an operator of a health care facility.
I declare that I am not related to the principal by blood, marriage, or adoption and that to the best of my knowledge I am not entitled to any part of the estate of the principal on the death of the principal under a will or by operation of law.
Witness Signature:
Print Name:
Cynthia L. Lee
Date Signed:
Sunday, November 8, 1998
Address:
2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102.
Witness Signature:
Print Name:
Loma Stooksberry
Date Signed:
Sunday, November 8, 1998
Address:
2100 Burnett Plaza, 801 Cherry Street, Fort Worth, Texas 76102.
§STATE OF TEXAS
§COUNTY OF TARRANT
On the date last above written, the above and foregoing instrument was SUBSCRIBED, SWORN TO AND ACKNOWLEDGED BEFORE ME, a Notary Public in and for the state of Texas, by Moore Money and the two witnesses whose names last appear above, each of whom personally appeared before me, and who are personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the foregoing instrument and, being by me first duly sworn, declared that the statements th
erein contained are true and correct and that the foregoing instrument was signed for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND OFFICIAL SEAL OF OFFICE on the day and the year last above written.
Affix Imprint of Notary Stamp Showing Name of Notary and Commission Expiration Date Immediately Under Signature
Signature of Notary
DIRECTIVE TO PHYSICIANS
Made Under The Texas Natural Death Act(4)
Directive made and signed on the date of my signature as set forth below.
I, Moore Money, being of sound mind, willfully and voluntarily make known my desire that my life will not be artificially prolonged under the circumstances set forth in this directive.
1. If at any time I should have an incurable or irreversible condition caused by injury, disease, or illness certified to be a terminal condition by two physicians, and if the application of life-sustaining procedures would serve only to artificially postpone the moment of my death, and if my attending physician determines that my death is imminent or will result within a relatively short time without the application of life-sustaining procedures, I direct that those procedures be withheld or withdrawn, and that I be permitted to die naturally.
2. In the absence of my ability to give directions regarding the use of those life-sustaining procedures, it is my intention that this directive be honored by my family and physicians as the final expression of my legal right to refuse medical or surgical treatment and accept the consequences from that refusal.
3. RESERVED.
4. This directive is in effect until it is revoked.
5. I understand the full import of this directive and I am emotionally and mentally competent to make this directive.
6. I understand that I may revoke this directive at any time.
Date Signed:
Sunday, November 8, 1998
Moore Money
City, County, and State of Residence: New Minglewood, Ripple County, Texas.
Two witnesses must sign the directive in the spaces provided below.
I am not a person designated by Moore Money ("the declarant") to make a treatment decision. I am not related to the declarant by blood or marriage. I would not be entitled to any portion of the declarant's estate on the declarant's death. I am not the attending physician of the declarant or an employee of the attending physician. I have no claim against any portion of the declarant's estate on the declarant's death. Furthermore, if I am an employee of a health care facility in which the declarant is a patient, I am not involved in providing direct patient care to the declarant and am not an officer, director, partner, or business office employee of the health care facility or of any parent organization of the health care facility.
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, First Witness
Date Signed:
Sunday, November 8, 1998
Loma Stooksberry, Second Witness
UNIFORM ANATOMICAL GIFT ACT
DONOR FORM
Donor's full name: Moore Money
Street address: 2525 West L.A. Freeway, New Minglewood, TX 76999, (817) 999-9999
Social Security Number: 009-999-9999
Date of Birth: 10/1/29
Place of Birth: Desert City, Lion's Den County, Texas
Donor's next of kin: Lotta Money
Relationship to donor: Wife
Street address of next of kin: 2525 West L.A. Freeway, New Minglewood, TX 76999, (817) 999-9999
In hope that I may help others, I hereby make this anatomical gift, if medically acceptable, to take effect upon my death. The words and marks below indicate my desires:
I give to the Living Bank any needed organs and tissues.
In the event that the Living Bank is unable to accept this gift by reason of the time or place of my death, or for any other reason declines to accept this gift, then I direct that this gift may be received by any institution of similar purpose that is authorized by law to accept this gift. One such institution would be Midwest Organ Bank, 1900 W. 47th Place, Ste. 400, Westwood, KS 66205, (913) 262-1666.
Signed by the donor and two witnesses of legal age, in the presence of each other.
Date Signed:
Sunday, November 8, 1998
Moore Money, Donor
Date Signed:
Sunday, November 8, 1998
Lotta Money (Wife of Donor), First Witness
Date Signed:
Sunday, November 8, 1998
Cynthia L. Lee, Second Witness
Instructions When this form is completed and returned to The Living Bank, a donor card will be sent to you, to be carried with your driver's license at all times. The form and card are legal documents in all 50 states.
The Living Bank
P. O. Box 6725
Houston, Texas 77265
(800) 528-2971
(713) 528-2971
The form must be signed by yourself and two witnesses of legal age. At least one witness must be a parent or legal guardian if the donor is a minor. The donor and witnesses must sign the form in one another's presence. Your next of kin is preferred as a witness, assuring that he or she knows of your decision.
Funeral and Burial Instructions
Moore Money
Choose those provisions from the list below that describe your desires by initialing the applicable blanks in the left hand column and by filling in any other needed information in the blanks provided in the right hand column.
Initials
FUNERAL
according to the ritual of [identify religious or other organization].
[OR]
as follows
[Specify.]
[OR]
I direct that my funeral and burial be conducted in accordance with the instructions previously given by me in that certain agreement dated
entered into between myself and
[name and address of funeral home.]
Initials
INTERNMENT/CREMATION
I further direct that my remains be
[Specify. E.g., buried in the family plot at (name and address of cemetery) ]
[OR]
I direct that my body be cremated, and that the ashes be placed in
[describe container or other receptacle for ashes] and thereafter be
[Specify. E.g., retained at the
(name of mausoleum or memorial park) at
(address) or other disposition. E.g., scattered over the Gulf of Mexico.]
Initials
PURCHASE OF HEADSTONE/MONUMENT
I direct my Executor to purchase, for a sum not to exceed $ ,
a [headstone or marker or monument] for my grave, on which there will be inscribed the words, "
"
[or state any other suitable description of type of headstone, marker, or monument that you desire.] This
[headstone or marker or monument] will be placed on my grave as soon as practicable.
[AND/OR]
Agency Alternative To the Above
§711.002 of the Texas Health and Safety Code provides
§ 711.002. Disposition of Remains; Duty to Inter
(a) Unless a decedent has left directions in writing for the disposition of the decedent's remains as provided in Subsection (g), the following persons, in the priority listed, have the right to control the disposition, including cremation, of the decedent's remains, will inter the remains, and are liable for the reasonable cost of interment:
(1) the person designated in a written instrument(5) signed by the decedent;
(2) the decedent's surviving spouse;
(3) any one of the decedent's surviving adult children;
(4) either one of the decedent's surviving parents;
(5) any one of the decedent's surviving adult siblings; or
(6) any adult person in the next degree of kinship in the order named by law to inherit the estate of the decedent.
(b) The written instrument referred to in Subsection (a)(1) will be in substantially the following form: . . .
****
My Executor is directed to take all actions necessary to comply with these instructions. No different funeral or burial arrangements may be made or entered into by my heirs or by my Executor.
Date Signed:
Moore Money
1. *All references herein to the "IRC" are to the Internal Revenue Code of 1986, as amended, unless otherwise indicated.
2. 1Tex. Rev. Civ. Stat. art. 4590h-1.
3. 1Health and Safety Code Chapter 672.
4. 2Texas Health and Safety Code, Chapter 672.
5. 3Special Notes From Counsel: The provisions of this instrument, if completed, serve as the written direction described in the statute quoted in the box above. If (1) you did not complete any of the foregoing provisions of this instrument, or did not sign it, and (2) would prefer to give a disposition power to someone who would not otherwise have that power under the statute, then we will prepare the statutory form for you, if you request it.
COMPLETE POWER OF ATTORNEY DATA
What is a Power of Attorney?
A Power of Attorney is a document that lets you appoint someone to represent you.
If you sign a Power of Attorney, you are the principal. The person you appoint to represent you is called the agent or attorney-in-fact.
How can a Power of Attorney help me?
A Power of Attorney lets you authorize someone to handle a specific task, like signing documents for you while you are away. For example, your agent can sign sale documents or contracts for the purchase of a house, or to sell your car.
Or, your Power of Attorney can authorize your agent to handle on-going tasks.
Here are examples of tasks you can have your agent do:
make bank deposits, withdrawals or other transactions
trade stocks and bonds
pay your bills
buy or sell property
hire people to take care of you
file your tax returns
arrange the distribution of retirement benefits
negotiate and sign contracts
apply for benefits like SSI or Medi-Cal
Your agent can do almost anything the Power of Attorney permits. You can also limit the kinds of financial decisions you want your agent to be able to make.
Can my agent write or change my Will?
No. Your agent can establish a trust, but cannot make or change your Will (Probate Code Section 4264).
Can my agent use my assets?
No. Unless you specifically make a gift to him or her, it is against the law for your agent to make gifts to him or herself.
If you are 65 or older, and your agent takes your property without authorization, s/he can be charged with elder abuse.
What if I want to make a gift to my agent?
You can make a gift to your agent. However, if your Power of Attorney is a “Durable Power of Attorney,” i.e. one the remains in effect even if you become incompetent, a gift to your agent after you become incompetent may be restricted by law. This is because, if you are incompetent, it would be the agent who is deciding to make the gift of your property to him or herself. You may want to talk to a lawyer first.
Is it safe to use a Power of Attorney?
It is safe if the person you appoint is trustworthy and competent. Be careful to appoint someone you trust completely. That person may be able to access your bank accounts, sell your house, buy and sell stock in your name, cancel your insurance, or perform other important and sensitive transactions.
Can I appoint more than one agent?
Yes. Sometimes people appoint two or more people who make decisions for you together.
Or, you can appoint alternate agents. The alternate can step in if the other agent is unable or unwilling to serve.
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Once the Power of Attorney is in effect, can I still make decisions on my own?
Yes. You can make all the financial decisions you used to before you had a Power of Attorney.
Can the agent do those things for me, too?
Yes, your agent can.
When does my Power of Attorney go into effect?
You decide when it goes into effect. You can make it go into effect immediately (when you have all the needed signatures), or only if you lose the ability to make financial decisions.
How long does a Power of Attorney last?
You can decide if you want your Power of Attorney to expire on a certain date, or after your agent does a specific task. Or, your Power of Attorney can be durable. This means it will last either until you cancel it or until you die.
Where can I get a Power of Attorney form?
You can get a blank Power of Attorney form from:
a stationery store or other store that sells pre-printed legal forms
your estate planning lawyer, or
Section 4401 of the Probate Code.
If you use a preprinted form, we recommend you use one that uses the same words as the Power of Attorney from Probate Code, § 4401. This is the form that banks, escrow companies, stockbrokers, and other institutions know best.
Some institutions, like banks, have their own Power of Attorney forms.
How do I know what to put in my Power of Attorney?
First, decide exactly what powers you want to give to your agent.
Then, ask yourself if you trust that person. Are there alternatives to a Power of Attorney?
Next, ask a lawyer for advice, or read about Powers of Attorney so you will understand what you are doing before you sign anything.
If you have one or more people you trust, and you know what powers you want to give them, you can find a preprinted document that matches your needs.
How can I be sure my Power of Attorney is valid?
You must sign the Power of Attorney. You can ask someone to sign for you, but you have to watch him or her do it.
The document must be acknowledged by a notary public or signed by at least 2 adult witnesses. An agent cannot be a witness.
If you want the Power of Attorney to be durable, it must say either:
"This Power of Attorney shall not be affected by subsequent incapacity of the principal", or
"This Power of Attorney shall become effective upon the incapacity of the principal",
or similar words that show you want the document to be valid even if you become incapacitated.
Your Power of Attorney must comply with the provisions of the California Probate Code from Section 4000 through Section 4065.
What if I create a Power of Attorney and later the Court appoints a conservator for my estate?
Unless the Court or the conservator says otherwise, your agent can continue using the Power of Attorney to handle your affairs.
Your agent must tell you and the conservator about everything s/he does in your name.
What can I do if there is a dispute about a Power of Attorney?
You can end or cancel the Power of Attorney at any time. (See: Can I cancel or change my Power of Attorney? below.)
If your friends, relatives or officials are aware of problems with a Power of Attorney, they can file a petition with the Probate Department. The petition can ask the court to review what the agent has done. The Court can decide to investigate further.
Can I cancel or change my Power of Attorney?
Yes. Cancel it in writing. Then, give your statement or new Power of Attorney to any institutions [like banks or stockbrokers] that had the old Power of Attorney.
Until you do this, they can still use your original document.
What if the agent is having problems getting others to recognize the Power of Attorney?
The agent can ask the Court for help by filing a petition to ask the Court for confirmation that s/he is acting as your lawful agent.
Or, if a bank or brokerage firm does not accept the Power of Attorney, your agent can ask the Court to order the institution to honor his/her authority.
See Probate Code Section 4540.
A Power of Attorney is a document that lets you appoint someone to represent you.
If you sign a Power of Attorney, you are the principal. The person you appoint to represent you is called the agent or attorney-in-fact.
How can a Power of Attorney help me?
A Power of Attorney lets you authorize someone to handle a specific task, like signing documents for you while you are away. For example, your agent can sign sale documents or contracts for the purchase of a house, or to sell your car.
Or, your Power of Attorney can authorize your agent to handle on-going tasks.
Here are examples of tasks you can have your agent do:
make bank deposits, withdrawals or other transactions
trade stocks and bonds
pay your bills
buy or sell property
hire people to take care of you
file your tax returns
arrange the distribution of retirement benefits
negotiate and sign contracts
apply for benefits like SSI or Medi-Cal
Your agent can do almost anything the Power of Attorney permits. You can also limit the kinds of financial decisions you want your agent to be able to make.
Can my agent write or change my Will?
No. Your agent can establish a trust, but cannot make or change your Will (Probate Code Section 4264).
Can my agent use my assets?
No. Unless you specifically make a gift to him or her, it is against the law for your agent to make gifts to him or herself.
If you are 65 or older, and your agent takes your property without authorization, s/he can be charged with elder abuse.
What if I want to make a gift to my agent?
You can make a gift to your agent. However, if your Power of Attorney is a “Durable Power of Attorney,” i.e. one the remains in effect even if you become incompetent, a gift to your agent after you become incompetent may be restricted by law. This is because, if you are incompetent, it would be the agent who is deciding to make the gift of your property to him or herself. You may want to talk to a lawyer first.
Is it safe to use a Power of Attorney?
It is safe if the person you appoint is trustworthy and competent. Be careful to appoint someone you trust completely. That person may be able to access your bank accounts, sell your house, buy and sell stock in your name, cancel your insurance, or perform other important and sensitive transactions.
Can I appoint more than one agent?
Yes. Sometimes people appoint two or more people who make decisions for you together.
Or, you can appoint alternate agents. The alternate can step in if the other agent is unable or unwilling to serve.
top of page ↑
Once the Power of Attorney is in effect, can I still make decisions on my own?
Yes. You can make all the financial decisions you used to before you had a Power of Attorney.
Can the agent do those things for me, too?
Yes, your agent can.
When does my Power of Attorney go into effect?
You decide when it goes into effect. You can make it go into effect immediately (when you have all the needed signatures), or only if you lose the ability to make financial decisions.
How long does a Power of Attorney last?
You can decide if you want your Power of Attorney to expire on a certain date, or after your agent does a specific task. Or, your Power of Attorney can be durable. This means it will last either until you cancel it or until you die.
Where can I get a Power of Attorney form?
You can get a blank Power of Attorney form from:
a stationery store or other store that sells pre-printed legal forms
your estate planning lawyer, or
Section 4401 of the Probate Code.
If you use a preprinted form, we recommend you use one that uses the same words as the Power of Attorney from Probate Code, § 4401. This is the form that banks, escrow companies, stockbrokers, and other institutions know best.
Some institutions, like banks, have their own Power of Attorney forms.
How do I know what to put in my Power of Attorney?
First, decide exactly what powers you want to give to your agent.
Then, ask yourself if you trust that person. Are there alternatives to a Power of Attorney?
Next, ask a lawyer for advice, or read about Powers of Attorney so you will understand what you are doing before you sign anything.
If you have one or more people you trust, and you know what powers you want to give them, you can find a preprinted document that matches your needs.
How can I be sure my Power of Attorney is valid?
You must sign the Power of Attorney. You can ask someone to sign for you, but you have to watch him or her do it.
The document must be acknowledged by a notary public or signed by at least 2 adult witnesses. An agent cannot be a witness.
If you want the Power of Attorney to be durable, it must say either:
"This Power of Attorney shall not be affected by subsequent incapacity of the principal", or
"This Power of Attorney shall become effective upon the incapacity of the principal",
or similar words that show you want the document to be valid even if you become incapacitated.
Your Power of Attorney must comply with the provisions of the California Probate Code from Section 4000 through Section 4065.
What if I create a Power of Attorney and later the Court appoints a conservator for my estate?
Unless the Court or the conservator says otherwise, your agent can continue using the Power of Attorney to handle your affairs.
Your agent must tell you and the conservator about everything s/he does in your name.
What can I do if there is a dispute about a Power of Attorney?
You can end or cancel the Power of Attorney at any time. (See: Can I cancel or change my Power of Attorney? below.)
If your friends, relatives or officials are aware of problems with a Power of Attorney, they can file a petition with the Probate Department. The petition can ask the court to review what the agent has done. The Court can decide to investigate further.
Can I cancel or change my Power of Attorney?
Yes. Cancel it in writing. Then, give your statement or new Power of Attorney to any institutions [like banks or stockbrokers] that had the old Power of Attorney.
Until you do this, they can still use your original document.
What if the agent is having problems getting others to recognize the Power of Attorney?
The agent can ask the Court for help by filing a petition to ask the Court for confirmation that s/he is acting as your lawful agent.
Or, if a bank or brokerage firm does not accept the Power of Attorney, your agent can ask the Court to order the institution to honor his/her authority.
See Probate Code Section 4540.
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