This Form Courtesy of Attorney Paul Consbruck
DURABLE POWER OF ATTORNEY
I, [name], of [address], Jacksonville, Florida (hereinafter referred to as PRINCIPAL), designate [name], of [address], Florida (hereinafter referred to as AGENT), to be my attorney-in-fact and agent.
Authority of Agent. I hereby grant to AGENT full power and authority to exercise or perform any act, power, duty, right, or obligation whatsoever that I now have or may hereafter acquire, relating to any person, matter, transaction, or interest in property owned by me presently or in the future, including, without limitation, my interest in: all real property, including homestead property and property held in joint tenancy with right of survivorship, tenancy in common, or tenancy by the entireties; all personal property, tangible or intangible, jointly or individually owned; all property over which I hold a general, limited, or special power of appointment; choses in action; and all contractual or statutory rights or elections including those in any probate proceeding to which I may become entitled.
Except as otherwise limited by applicable law or by this durable power of attorney, AGENT has full power and authority to perform, without prior court approval, and may take all necessary actions to exercise, any power herein granted as fully as I might or could do if personally present. This power is not diminished even though AGENT may be acting individually or on behalf of any other person or entity interested in the same matters. All acts done under this power by AGENT shall bind me, my heirs, devisees, and personal representatives. This power is nondelegable. I hereby ratify and confirm that AGENT shall lawfully have, by virtue of this durable power of attorney, the powers herein granted, including but not limited to the authority to:
a. [list powers granted]
Interpretation and Governing Law. This instrument is to be construed and interpreted as a general durable power of attorney. The enumeration of specific powers herein is not intended to, nor does it, limit or restrict the general powers herein granted to AGENT. This instrument is executed and delivered in the State of Florida, and the laws of Florida shall govern all questions as to the validity of this power and the construction of its provisions. However, it is my intention that this power of attorney shall be exercisable in any other state or jurisdiction where I may have any property or interests in property.
Third-Party Reliance. Third parties may rely on the representations of AGENT as to all matters relating to any power granted to AGENT, and no person who may act in reliance on the representations of AGENT shall incur any liability to me or to my estate, beneficiaries, or joint owners as a result of permitting AGENT to exercise any power prior to receipt of a written notice of revocation, suspension, petition to determine my incapacity, partial or complete termination of this power, or my death. Any third party may rely on a duly executed counterpart of this instrument, or a copy certified by AGENT to be a true copy of the original hereof, as fully and completely as if such third party had received the original of this instrument.
Disability of Principal. This durable power of attorney shall not be affected by my subsequent incapacity, either physical or mental, except as provided in section 709.08, Florida Statutes, or any successor provision of law.
IN WITNESS WHEREOF, I have set my hand and seal on [month] ____, 2011.
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[name]
Principal
SIGNED, SEALED, AND DELIVERED
IN THE PRESENCE OF:
___________________________
___________________________
___________________________
Witness
___________________________
___________________________
___________________________
Witness
STATE OF FLORIDA
COUNTY OF DUVAL
The foregoing instrument was acknowledged before me on [date] ____, 2010 by [name], who identified this instrument as her Durable Power of Attorney and signed the instrument willingly. [name] is personally known to me or has produced___________________________ as identification.
___________________________
Notary Public – State of Florida
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(Seal)
