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South Dakota Address -6- owledgment (Notary Public) _________________________________ Name typed, printed, or stamped This Document Prepared by: _____________________________________Name _______________________________________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. _________________________________ Signature of person taking ackne of __________________________ ) ) ss County of ________________________ ) -5- The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by ___________________ State: ___________________________________ BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT. Notary's Acknowledgment Stat______________________ State: ___________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: _______________________________e, the Principal appears to be of sound mind and does not appear to be under duress. Witness Signature: ___________________________________ Name: ___________________________________ City: ____________Signature of ("Principal") On this day ______________ (date) I declare that the Principal indicated that he understands the nature of this document and is signing it freely and voluntarily. Furthermor___________ (name of Principal) has executed this Durable Power of Attorney on ____________ (date) at ____________________ (city), __________________________ (state). ________________________________ ful misconduct, while acting under the authority of this Power of Attorney. I may revoke this Power of Attorney at any time by providing written notice to my Agent. IN WITNESS WHEREOF, _______________d harmless. Agent shall not be liable for losses resulting from judgment errors made in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willttorney. If this Durable -4- Power of Attorney is terminated by operation of law, any person relying in good faith on the authority of this document, without notice of such termination, shall be hel third party until the third party has actual knowledge 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 a assets to be subject to a general power of appointment by my Agent. Any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) myr issuance of this power-ofattorney or as to the disposition of any proceeds paid to my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extenthen the remaining unaffected parts of the document shall still remain in full force and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use oe not intended to restrict or limit the definition or scope of powers granted herein in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, t for all funds handled and all acts performed as my Agent. This Power of Attorney shall be construed as broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers arreasonable compensation for any services provided as my Agent If so requested by myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accountingly. My Agent shall be entitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to herein, "disability" or "incapacity" shall mean a lack of capacity to receive and evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properfect thereafter until my death. This Power of Attorney shall not terminate on my subsequent disability, incapacity or lack of mental competence (except as provided by any applicable statute). As used the rights, powers, and authority of my Agent shall become effective immediately upon execution of this instrument. The rights, powers, and authority of this document shall remain in full force and efent may not disclaim assets, to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate. This Durable Power of Attorney and m any interest (subject to other provisions of this document), which might be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, Agse whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust exists at the time of such transfer. -3- 17. To disclair the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligations, including any obligations of support which my Agent may owe to others, excluding thogent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers of appointment I may hold in favor of my Agent, my Agent's estate, my Agent's creditors, ocalendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, assign or designate any of my assets, interests or rights, directly or indirectly, to my Atax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendar year, and this annual right shall be non-cumulative and shall lapse at the end of each guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers To Minors Act. Any gifts made shall be limited to gifts that qualify for the federal gift such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gift tax returns and documents. Gifts to minors may be made to the minor directly or parent, or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, tangible or intangible property, to such persons or organizations without regard to whethere and tax returns and necessary and/or related documents; to obtain or provide information to and from any agency, including governmental agencies, relating to tax matters and to negotiate, compromise 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or other governmental body, including, but not limited to, federal, state, local or other incomfuture. 13. To employ any professional and/or business assistance as may be appropriate, including but not limited to, attorneys, accountants, investment professionals, brokers and real estate agents.ks, bonds, debentures, commodities, options or any other investments. 12. To maintain and/or operate any business that I currently own or have an interest in or may own or have an interest in, in the ny other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the contents. 11. To exercise any and all rights, including proxy rights, with respect to stoc draft of the United States of America, including U.S. Treasury Securities. 10. To have access to any safe deposit box, vault or other storage area owned or leased by me alone or in conjunction with a, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perform any act necessary to deposit, -2- negotiate, sell or transfer any note, security, oruding, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments, obtaining bank statements, passbooks, drafts, warrants, money orders, certificatese accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any business with any banking or financial institution with respect to any of my accounts, inclng Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, checking accounts, savings accounts, certificates of deposit, investment accounts, brokeragental benefits (including but not limited to, medical, military and social security benefits), and to appoint anyone, including my Agent, to act as my "Representative Payee" for the purpose of receivig, but not limited to, Social Security and Medicare; to prepare applications, provide information, and perform any other reasonable request by any government or its agencies in connection with governmeive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension, retirement benefits, retirement plans, insurance benefits and government program includince and annuity contracts, insurance policies, including life insurance upon my life or the life of any other appropriate person and to make any elections and disclaimers under such policies. 8. To recht to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction. 7. To apply for, purchase, maintain and/or deal with insuranent or deed for such transactions. This includes the right to sell or encumber any homestead that I now own or may own in the future; the right to remove tenants and to recover possession; and the rigth all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible (now owned or acquired in the future by me) and to execute any necessary document, instrum or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvest and in any other manner (on such terms and at prices my Agent may deem proper) deal wind demands whatsoever, whether agreed to or disputed, now due or due in the future, owned by, due, owing payable, or belonging to, me or in which I have or may hereafter acquire any interest, to have,l sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposits, notes, interests, dividends, certificates of deposit, any and all documents of title a amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf against any other person or entity. 5. To receive, hold, possess and/or invest any and aland obligations and such other instruments in writing of whatever kind and nature as may be. -1- 3. To request, ask, demand, sue and take any and all legal steps necessary to recover and collect anyvings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien, judgments, security agreements and other debts cuments, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawal and deposit slips, certificates of deposit of, or investments with or through banks, saions, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deeds, security agreements, leases, mortgages, notes, insurance policies, receipts, title donto binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessary to enter into any such contract and/or agreement, including but not limited to applicatt's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and all lawful business of whatever kind or nature, on my behalf and in my name. 2. To enter ieby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attorney and the rights hereby granted. My Agenre in connection with or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever as I could do if personally present. I hery-in-fact for me and in my name, and in my behalf. My Agent shall have full power and authority to perform any act, power, duty, legal right or obligation whatsoever that I now have or may later acqui______________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: _____________________________________________________ my true and lawful attorneHIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an address at _________________________________UPON YOU. 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 TRS ON YOUR BEHALF, INCLUDING THE POWER TO SELL, MORTGAGE OR DISPOSE OF YOUR PROPERTY. ANY SUCH ACTION UNDERTAKEN BY YOUR AGENT, WITHIN THE SCOPE OF THIS POWER OF ATTORNEY DOCUMENT, IS LEGALLY BINDING THIS DOCUMENT ARE BROAD AND SWEEPING. BEFORE SIGNING THIS DOCUMENT, CONSIDER ITS CONSEQUENCES. YOU ("GRANTOR") ARE PROVIDING ANOTHER PERSON ("AGENT") WITH THE POWER TO HANDLE BUSINESS AND LEGAL MATTEhe instructions included with the forms packages offered for sale, generally include state specific instructions. -2- DURABLE POWER OF ATTORNEY Effective Immediately (CAUTION): THE POWERS GRANTED BY Please note that this information is not intended as and is not a substitute for legal advice. Furthermore, this information is general information that is not state specific. Whenever appropriate, the Durable Power of Attorney to be recorded as a public record, if necessary. Although, some states don't require that a Durable Power of Attorney be witnessed, it is always a very good idea to do so.ire it, especially if the Agent will be dealing with any real property. Notarization will make it more difficult for any third party to challenge the validity of the Power of Attorney and will allow tment, will be legally binding upon the Grantor. The Grantor can revoke a Durable Power of Attorney at any time. A Durable Power of Attorney should always be notarized, even if your state does not requhe Agent should be a competent adult. A Power of Attorney is a "powerful" instrument and should be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney docus not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principal does not need to be a lawyer. Almost anyone can be appointed an Attorney-In-Fact by a power of attorney. Tpacitated. This particular Form becomes effective immediately and remains in full force and effect even if the Principal (i.e. the Grantor) later becomes incapacitated. Note that the word "attorney" intally" competent person (called the "Principal" or "Grantor") to authorize someone else (called the "Agent" or "Attorney-InFact") to act on his or her behalf, even if the Principal later becomes incahese forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com -1- Information Durable Power of Attorney Effective Immediately A Durable Power of Attorney allows a natural "mearting point for you and should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of t At the bottom of the document, indicate the name and address of the person who prepared it. [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a sty careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has the power to handle business and legal matters on the Principal's behalf. [_] access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the tasks the Agent should complete. The Grantor should also be veresses should be adults. The Agent, the Agent's spouse or children, and the Notary should not be witnesses. [_] The Principal should keep the original document, as well as a copy. The Agent should havehe Durable Power of Attorney to be recorded as a public record, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. The witn Principal (i.e. the Grantor) becomes subsequently incapacitated. [_] The Principal (i.e. the person granting the power of Attorney) should sign the document before a Notary. Notarization will allow t Durable Power of Attorney Effective Immediately; (3) Durable Power of Attorney Effective Immediately [_] This Durable Power of Attorney becomes effective immediately and remains effective even if theInstructions & Checklist Durable Power of Attorney Effective Immediately [_] This package contains (1) Instructions & Checklist for Durable Power of Attorney Effective Immediately; (2) Information for South DakotaSouth Dakota ________________________________ Signature of person taking acknowledgment (Notary Public) _________________________________ Name typed, printed, or stamped -5- his _____ day of ____________________, ______ by __________________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. ________________________ State: ___________________________________ State of __________________________ ) ) ss County of ________________________ ) The foregoing instrument was acknowledged before me t_ City: __________________________________ State: ___________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: _______________ (city), __________________________ (state). ________________________________ Signature of Principal Witness Signature: ___________________________________ Name: __________________________________acting under the authority of this Power of Attorney. I may revoke this Power of Attorney at any time by providing written notice to my Agent. Signed on ________________ (date), at ___________________l not be liable for losses resulting from judgment errors made in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willful misconduct, while le Power of Attorney is terminated by operation of law, any person relying in good faith on the authority of this document, without notice of such termination, shall be held harmless. -4- Agent shal third party has actual knowledge 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 this Durabto a general power of appointment by my Agent. Any third party who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the(a) my income to be taxable to my Agent; (b) my Agent to have any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) my assets to be subject er-ofattorney or as to the disposition of any proceeds paid to my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extent necessary to prevent fected parts of the document shall still remain in full force and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use or issuance of this powrict or limit the definition or scope of powers granted herein in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, then the remaining unaf and all acts performed as my Agent. This Power of Attorney shall be construed as broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers are not intended to restn for any services provided as my Agent If so requested by myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accounting for all funds handledentitled to reimbursement of all reasonable expenses incurred as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to reasonable compensatioe and evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properly, as certified in writing by a licensed medical doctor. My Agent shall be on my subsequent disability, incapacity or lack of mental competence, except as provided by any applicable statute. As used herein, "disability" or "incapacity" shall mean a lack of capacity to receivin writing by a licensed medical doctor. The rights, powers, and authority of this document shall remain in full force and effect thereafter until my death. This Power of Attorney shall not terminate rectly or indirectly to my Agent or my Agent's estate. This Durable Power of Attorney and all rights and powers therein shall become effective upon my subsequent disability or incapacity as certified any other person, estate, trust, or other entity, as may be appropriate. However, Agent may not disclaim assets, to -3- which I would be entitled, if the result is that the disclaimed assets pass diust created by me, if such trust exists at the time of such transfer. 17. To disclaim any interest (subject to other provisions of this document), which might be transferred or distributed to me from ions, including any obligations of support which my Agent may owe to others, excluding those whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trof appointment I may hold in favor of my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligatassign or designate any of my assets, interests or rights, directly or indirectly, to my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers ar year, and this annual right shall be non-cumulative and shall lapse at the end of each calendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, To Minors Act. Any gifts made shall be limited to gifts that qualify for the federal gift tax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendt tax returns and documents. Gifts to minors may be made to the minor directly or parent, guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers angible or intangible property, to such persons or organizations without regard to whether such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gifncy, including governmental agencies, relating to tax matters and to negotiate, compromise or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, ther governmental body, including, but not limited to, federal, state, local or other income and tax returns and necessary and/or related documents; to obtain or provide information to and from any ageited to, attorneys, accountants, investment professionals, brokers and real estate agents. 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or otess that I currently own or have an interest in or may own or have an interest in, in the future. 13. To employ any professional and/or business assistance as may be appropriate, including but not limcontents. 11. To exercise any and all rights, including proxy rights, with respect to stocks, bonds, debentures, commodities, options or any other investments. 12. To maintain and/or operate any businosit box, vault or other storage area owned or leased by me alone or in conjunction with any other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the orm any act necessary to deposit, negotiate, sell or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. -2- 10. To have access to any safe depuments, obtaining bank statements, passbooks, drafts, warrants, money orders, certificates, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perfusiness with any banking or financial institution with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instrhecking accounts, savings accounts, certificates of deposit, investment accounts, brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any banyone, including my Agent, to act as my "Representative Payee" for the purpose of receiving Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, c any other reasonable request by any government or its agencies in connection with governmental benefits (including but not limited to, medical, military and social security benefits), and to appoint retirement benefits, retirement plans, insurance benefits and government program including, but not limited to, Social Security and Medicare; to prepare applications, provide information, and performppropriate person and to make any elections and disclaimers under such policies. 8. To receive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension,y reason of such transaction. 7. To apply for, purchase, maintain and/or deal with insurance and annuity contracts, insurance policies, including life insurance upon my life or the life of any other a may own in the future; the right to remove tenants and to recover possession; and the right to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me b(now owned or acquired in the future by me) and to execute any necessary document, instrument or deed for such transactions. This includes the right to sell or encumber any homestead that I now own orest and in any other manner (on such terms and at prices my Agent may deem proper) deal with all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible le, or belonging to, me or in which I have or may hereafter acquire any interest, to have, or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvts, notes, interests, dividends, certificates of deposit, any and all documents of title and demands whatsoever, whether agreed to or disputed, now due or due in the future, owned by, due, owing payabst any other person or entity. -1- 5. To receive, hold, possess and/or invest any and all sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposik, demand, sue and take any and all legal steps necessary to recover and collect any amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf againases, and satisfaction of mortgages, lien, judgments, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be. 3. To request, asal and deposit slips, certificates of deposit of, or investments with or through banks, savings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releeds, security agreements, leases, mortgages, notes, insurance policies, receipts, title documents, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawry to enter into any such contract and/or agreement, including but not limited to applications, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deall lawful business of whatever kind or nature, on my behalf and in my name. 2. To enter into binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessaause to be done by virtue of this power of attorney and the rights hereby granted. My Agent's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and l, tangible or intangible, or matter whatsoever as I could do if personally present. I hereby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or c act, power, duty, legal right or obligation whatsoever that I now have or may later acquire in connection with or relating to any person, item, transaction, thing, business, property, real or persona___________________________________ as my alternate or successor Agent, as necessary, to serve with the same powers, rights and discretions. My Agent shall have full power and authority to perform any-fact for me and in my name, and in my behalf. If the above named Agent is unable to serve for any reason, I appoint _____________________________________ maintaining an address at: ____________________________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: _____________________________________________________ my true and lawful attorney-inLE POWER OF ATTORNEY Effective upon Disability KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an address at _____________________________________revoke this power of attorney if you later wish to do so. AGENT: By accepting or acting under the appointment, the agent assumes the fiduciary and other legal responsibilities of an agent. -3- DURABbinding upon you. 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 al matters on your behalf, including the power to sell, mortgage or dispose of your property. Any such action undertaken by your agent, within the scope of this power of attorney document, is legally of attorney document are broad and sweeping. Before signing this document, consider its consequences. You ("principal") are providing another person ("agent") with the power to handle business and legic. Whenever appropriate, the instructions included with the forms packages offered for sale, generally include state specific instructions. -2- CAUTION! PRINCIPAL: The Powers granted by this power any real estate in Florida. Please note that this information is not intended as and is not a substitute for legal advice. Furthermore, this information is general information that is not state specifcord, if necessary. Although, some states don't require that a Durable Power of Attorney be witnessed, it is always a very good idea to do so. Two witnesses are necessary, if the Agent will deal with eal property. Notarization will make it more difficult for any third party to challenge the validity of the Power of Attorney and will allow the Durable Power of Attorney to be recorded as a public reis unable to serve or continue to serve as the Agent. A Durable Power of Attorney should always be notarized, even if your state does not require it, especially if the Agent will be dealing with any r of Attorney takes effect only after the Principal becomes disabled or incompetent, an alternate Agent can be designated, at the time this Power of Attorney is signed, in the event the original Agent the Principal is incapacitated when the Power of Attorney goes into effect, or the Agent undertakes the acts. The Principal can revoke a Durable Power of Attorney at any time. Since this Durable Powernt and should be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney document, will be legally binding upon the Principal. This is especially important if n acting as the attorney-in-fact for the Principal does not need to be a lawyer. Almost anyone can be appointed an attorney-in-fact by a power of attorney. A Power of Attorney is a "powerful" instrumecipal later becomes incapacitated. This particular Form becomes effective upon the disability or incapacity of the Principal. Note that the word "attorney" is not used here to mean "lawyer". The perso allows a natural "mentally competent " person (called the "Principal" or "Principal") to authorize someone else (called the "Agent" or "AttorneyIn-Fact") to act on his or her behalf, even if the Prinase and use of these forms, is subject to the Disclaimers and Terms of Use found at findlegalforms.com -1- Information Durable Power of Attorney Effective upon Disability A Durable Power of Attorneyhould only be a starting point for you and should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating a document with another party. [_] The purchserve as the Agent. This section can be removed, deleted (and initialed) or the words "no one" can be entered. [_] These forms are not intended and are not a substitute for legal advice. These forms susiness and legal matters on the Principal's behalf. [_] This document offers the option of nominating an alternate Agent in the event that the first choice as Agent is unable to serve or continue to he Agent should complete. The Grantor should also be very careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has the power to handle bginal document, as well as a copy. The Agent should have access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact) as to the tasks t real estate in Florida. The witnesses should be adults. Generally, anyone related by blood or marriage to the Principal, Agent or Notary should not be a witness. [_] The Principal should keep the oriecord, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. Two witnesses are necessary if the Agent will be dealing with anyincipal. [_] The Principal (i.e. the person granting the Power of Attorney) should sign the document before a Notary. Notarization will allow the Durable Power of Attorney to be recorded as a public rtion for Durable Power of Attorney Effective upon Disability; (3) Durable Power of Attorney Effective upon Disability [_] This Durable Power of Attorney becomes effective upon the Disability of the PrInstructions & Checklist Durable Power of Attorney Effective upon Disability [_] This package contains (1) Instructions & Checklist for Durable Power of Attorney Effective upon Disability; (2) Informa South DakotaSouth Dakota king acknowledgment (Notary Public) _________________________________ Name typed, printed, or stamped -5- ___________________ (name of Principal), who is personally known to me or who has produced ________________________________ as identification. _________________________________ Signature of person ta________ State of __________________________ ) ) ss County of ________________________ ) The foregoing instrument was acknowledged before me this _____ day of ____________________, ______ by _________________________________ Witness Signature: ___________________________________ Name: ___________________________________ City: __________________________________ State: ________________________________________________ Signature of Principal Witness Signature: ___________________________________ Name: ___________________________________ City: __________________________________ State: _________evoke this Power of Attorney at any time by providing written notice to my Agent. Signed on ________________ (date), at _______________________ (city), __________________________ (state). ___________e in good faith. However, Agent will be liable for breach of fiduciary duty, failure to act in good faith and/or willful misconduct, while acting under the authority of this Power of Attorney. I may rerson relying in good faith on the authority of this document, without notice of such termination, shall be held harmless. -4- Agent shall not be liable for losses resulting from judgment errors madto indemnify the third party for any claims that arise against the third party because of reliance on this power of attorney. If this General Power of Attorney is terminated by operation of law, any py who receives a copy of this document may act under it. Revocation of the power of attorney is not effective as to a third party until the third party has actual knowledge of the revocation. I agree any rights or ownership with respect to any life insurance policies I may own on the life of my Agent; and/or (c) my assets to be subject to a general power of appointment by my Agent. Any third parto my Agent based on this document. The powers granted to my Agent by this power-of-attorney are limited to the extent necessary to prevent (a) my income to be taxable to my Agent; (b) my Agent to have and effect and not be affected by any partial invalidity. No person needs to inquire as to the reasons for the use or issuance of this power-ofattorney or as to the disposition of any proceeds paid tn in any manner. If any part of this document is held to be invalid, illegal or unenforceable under applicable law, then the remaining unaffected parts of the document shall still remain in full forcey shall be construed broadly as a General Power of Attorney. The listing of specific terms, rights, acts or powers are not intended to restrict or limit the definition or scope of powers granted herei myself or any authorized personal representative or fiduciary acting on my behalf, my Agent shall provide an accounting for all funds handled and all acts performed as my Agent. This Power of Attornered as a result of carrying out any provision of this Power of Attorney. If desired, my Agent shall also be entitled to reasonable compensation for any services provided as my Agent If so requested byd evaluate information effectively, to communicate decisions, and/or to manage my financial resources and affairs properly. My Agent shall be entitled to reimbursement of all reasonable expenses incur document shall remain in full force and effect thereafter until my death or until my disability or incapacity. As used herein, "disability" or "incapacity" shall mean a lack of capacity to receive an This General Power of Attorney and the rights, powers, and authority of my Agent shall become effective immediately upon execution of this instrument. The rights, powers, and -3- authority of this, as may be appropriate. However, Agent may not disclaim assets, to which I would be entitled, if the result is that the disclaimed assets pass directly or indirectly to my Agent or my Agent's estate.ime of such transfer. 17. To disclaim any interest (subject to other provisions of this document), which might be transferred or distributed to me from any other person, estate, trust, or other entity my Agent may owe to others, excluding those whom I am legally obligated to support. 16. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust exists at the tmy Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, or (c) use any of my assets to discharge any of my Agent's legal obligations, including any obligations of support whichor rights, directly or indirectly, to my Agent, my Agent's estate, my Agent's creditors, or the creditors of my Agent's estate, (b) exercise any powers of appointment I may hold in favor of my Agent, lative and shall lapse at the end of each calendar year. However, my Agent may not, unless specifically authorized by this document, (a) gift, appoint, assign or designate any of my assets, interests o gifts that qualify for the federal gift tax annual exclusion, shall not exceed in value the federal gift tax annual exclusion amount in any one calendar year, and this annual right shall be non-cumu be made to the minor directly or parent, guardian or close friend of the minor or pursuant to the Uniform Gifts to Minors Act or the Uniform Transfers To Minors Act. Any gifts made shall be limited tor organizations without regard to whether such gifts are a part of my estate planning or otherwise, and if necessary, to file any state and federal gift tax returns and documents. Gifts to minors mayo tax matters and to negotiate, compromise or settle any matter with such agency. 15. To make gifts and charitable contributions of my real, personal, tangible or intangible property, to such persons d to, federal, state, local or other income and tax returns and necessary and/or related documents; to obtain or provide information to and from any agency, including governmental agencies, relating tessionals, brokers and real estate agents. 14. To prepare, or cause to be prepared, sign, and/or file any documents with any federal, state, local or other governmental body, including, but not limiteor may own or have an interest in, in the future. 13. To employ any professional and/or business assistance as may be appropriate, including but not limited to, attorneys, accountants, investment profg proxy rights, with respect to stocks, bonds, debentures, commodities, options or any other investments. -2- 12. To maintain and/or operate any business that I currently own or have an interest in by me alone or in conjunction with any other person, including access to their contents, and to examine, remove, keep or otherwise dispose of the contents. 11. To exercise any and all rights, includinl or transfer any note, security, or draft of the United States of America, including U.S. Treasury Securities. 10. To have access to any safe deposit box, vault or other storage area owned or leased afts, warrants, money orders, certificates, cashier checks, cash or vouchers payable to me by any person, firm, corporation or political entity; to perform any act necessary to deposit, negotiate, seln with respect to any of my accounts, including, but not limited to, making deposits and withdrawals, negotiating or endorsing any checks or other instruments, obtaining bank statements, passbooks, dr of deposit, investment accounts, brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions; to conduct any business with any banking or financial institutioentative Payee" for the purpose of receiving Social Security benefits. 9. To open, maintain and/or close bank accounts, including, but not limited to, checking accounts, savings accounts, certificatesor its agencies in connection with governmental benefits (including but not limited to, medical, military and social security benefits), and to appoint anyone, including my Agent, to act as my "Represe benefits and government program including, but not limited to, Social Security and Medicare; to prepare applications, provide information, and perform any other reasonable request by any government disclaimers under such policies. 8. To receive, deposit, hold, demand, deal with and/or sue to recover all payments I receive from any annuity, pension, retirement benefits, retirement plans, insurancurchase, maintain and/or deal with insurance and annuity contracts, insurance policies, including life insurance upon my life or the life of any other appropriate person and to make any elections and nts and to recover possession; and the right to ask for, demand, sue for, collect, recover and receive all monies which may become due and owing to me by reason of such transaction. 7. To apply for, pto execute any necessary document, instrument or deed for such transactions. This includes the right to sell or encumber any homestead that I now own or may own in the future; the right to remove tenat prices my Agent may deem proper) deal with all, any part or any interest in any real or personal property or asset whatsoever, tangible or intangible (now owned or acquired in the future by me) and y hereafter acquire any interest, to have, or use. 6. To maintain, manage, insure, lease, rent, sell, mortgage, improve, repair, exchange, invest, reinvest and in any other manner (on such terms and ait, any and all documents of title and demands whatsoever, whether agreed to or disputed, now due or due -1- in the future, owned by, due, owing payable, or belonging to, me or in which I have or mald, possess and/or invest any and all sums of money, accounts, debts, bonds, commercial papers, checks, drafts, causes of action, bequests, deposits, notes, interests, dividends, certificates of deposnecessary to recover and collect any amount or debt owed to me. 4. To adjust, compromise and settle any claim, against me or asserted on my behalf against any other person or entity. 5. To receive, hoents, security agreements and other debts and obligations and such other instruments in writing of whatever kind and nature as may be. 3. To request, ask, demand, sue and take any and all legal steps , or investments with or through banks, savings and loan, brokers, mutual fund companies or other institutions, proofs of loss, evidences of debts, releases, and satisfaction of mortgages, lien, judgmes, insurance policies, receipts, title documents, checks, drafts, letters of credit, stock certificates, proxies, warrants, commercial papers, withdrawal and deposit slips, certificates of deposit ofent, including but not limited to applications, assignments, bills of sale or lading, bonds, contracts, covenants, conveyances, deeds, options, trust deeds, security agreements, leases, mortgages, noton my behalf and in my name. 2. To enter into binding contracts on my behalf and to sign, endorse and execute any written agreement and document necessary to enter into any such contract and/or agreemney and the rights hereby granted. My Agent's powers and authority shall include, but not be limited to: 1. To conduct, engage in, and transact any and all lawful business of whatever kind or nature, as I could do if personally present. I hereby ratify and confirm all acts that my Agent, or my Agent's substitute or substitutes, shall lawfully do or cause to be done by virtue of this power of attortsoever that I now have or may later acquire in connection with or relating to any person, item, transaction, thing, business, property, real or personal, tangible or intangible, or matter whatsoever _______________ my true and lawful attorney-in-fact for me and in my name, and in my behalf. My Agent shall have full power and authority to perform any act, power, duty, legal right or obligation whadress at _______________________________________________ do hereby make and appoint ________________________________________ ("Agent") maintaining an address at: ______________________________________ the fiduciary and other legal responsibilities of an agent. -3- GENERAL POWER OF ATTORNEY KNOW ALL PERSONS BY THESE PRESENTS: I, ____________________________________ ("Principal") maintaining an adnyone to make medical and other health-care decisions for you. You may revoke this power of attorney if you later wish to do so. AGENT: By accepting or acting under the appointment, the agent assumesagent, within the scope of this power of attorney document, is legally binding upon you. If you have any questions about these powers, obtain competent legal advice. This document does not authorize ading another person ("agent") with the power to handle business and legal matters on your behalf, including the power to sell, mortgage or dispose of your property. Any such action undertaken by your structions. -2- CAUTION! PRINCIPAL: The Powers granted by this power of attorney document are broad and sweeping. Before signing this document, consider its consequences. You ("principal") are provirmore, this information is general information that is not state specific. Whenever appropriate, the instructions included with the forms packages offered for sale, generally include state specific inalforms.com as well), stays in effect even if the Grantor later becomes disabled or incapacitated. Please note that this information is not intended as and is not a substitute for legal advice. Furthestates don't require that a General Power of Attorney be witnessed, it is always a very good idea to do so. Another type of Power of Attorney, called a Durable Power of Attorneys (available at findlege it more difficult for any third party to challenge the validity of the Power of Attorney and will allow the General Power of Attorney to be recorded as a public record, if necessary. Although, some orney at any time. A General Power of Attorney should always be notarized, even if your state does not require it, especially if the Agent will be dealing with any real property. Notarization will makld be granted with care. Any action undertaken by the Agent, within the scope of the Power of Attorney document, will be legally binding upon the Grantor. The Grantor can revoke a General Power of Att does not need to be a lawyer. Almost anyone can be appointed an Attorney-In-Fact by a power of attorney. The Agent should be a competent adult. A Power of Attorney is a "powerful" instrument and shoueath of the Grantor or until the Grantor becomes disabled or incapacitated. Note that the word "attorney" is not used here to mean "lawyer". The person acting as the Attorney-In-Fact for the Principalpal" or "Grantor") to authorize someone else (called the "Agent" or "Attorney-InFact") to act on his or her behalf. This particular Form becomes effective immediately and remains effective until the dto the Disclaimers and Terms of Use found at findlegalforms.com -1- Information General Power of Attorney A General Power of Attorney allows a natural "mentally" competent person (called the "Princind should not be used without consulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of these forms is subject power to handle business and legal matters on the Principal's behalf. [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you a as to the tasks the Agent should complete. The Grantor should also be very careful in the selection of the Agent. The powers granted by this document are very broad and sweeping, as the Agent has thehould keep the original document, as well as a copy. The Agent should have access to the original document as needed. [_] The Principal should be careful in instructing the Agent (or attorney-in-fact)g with any real estate in Florida. The witnesses should be adults. Generally, anyone related by blood or marriage to the Principal, the Agent or the Notary should not be a witness. [_] The Principal sa public record, if necessary. [_] Although not always required, it is always a good idea to also have two witnesses sign the Power of Attorney. Two witnesses are necessary if the Agent will be dealinncipal (i.e. the person granting the Power of Attorney; sometimes called the Grantor) should sign the document before a Notary. Notarization will allow the General Power of Attorney to be recorded as er of Attorney [_] This General Power of Attorney becomes effective immediately and remains effective until the death of the Grantor or until the Grantor becomes disabled or incapacitated. [_] The PriInstructions & Checklist General Power of Attorney [_] This package contains (1) Instructions & Checklist for General Power of Attorney; (2) Information for General Power of Attorney; (3) General Pow South DakotaSouth Dakota ______________________ witnesses, this _______ day of __________________, 20____. __________________________________________ Notary public Self-proved Will Affidavit [SEAL] ___________________________ a notary public, and by _________________________________________, the testator, and by ___________________________________ , __________________________ , and ______________________________________________________ (Witness) Print Name: ___________________________________ Address: ______________________________________ Subscribed, sworn, and acknowledged before me _____ess: ______________________________________ _____________________________________________ (Witness) Print Name: ___________________________________ Address: ______________________________________ ____erwise competent to be a witness. _____________________________________________ (Testator) _____________________________________________ (Witness) Print Name: ___________________________________ Addr best of the witness's knowledge the testator was at that time 18 years of age or older, of sound mind, and under no constraint or undue influence and that each witness is over 18 years of age and othcuted it as the testator's free and voluntary act for the purposes expressed in it, that each of the witnesses, in the presence and hearing of the testator, signed the will as witness, and that to the perjury that the testator signed and executed the instrument as the testator's will, that the testator signed willingly (or willingly directed another to sign for the testator), that the testator exened to the attached or foregoing instrument in those capacities, personally appearing before the undersigned authority and being first duly sworn, declare to the undersigned authority under penalty of_____________________, and _______________________________, and ________________________________ and ________________________________, the testator and the witnesses, respectively, whose names are sigestator __________ Witness __________ __________ Witness Witness Page 9 of ______ Self-Proved Will Affidavit STATE OF __________________________ COUNTY OF ________________________ We, ___________________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ Initials: __________ T________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___gnature: Name: Address: City: State: ___________________________________ ___________________________________ ___________________________________ ___________________________________ ___________________nd resides at the address set forth after his or her name. Dated: ____________________, ______ Witness Signature: Name: Address: City: State: Witness Signature: Name: Address: City: State: Witness Si __________ Testator __________ Witness __________ __________ Witness Witness Page 8 of ______ influence; The maker is age 18 or older. Each of us is now age 18 or older, is a competent witness, ae date shown above. We understand this is the Testator's Will; We believe the maker is of sound mind and memory; We believe that this Will was not procured by duress, menace, fraud or undue Initials:ment and we, at the Testator's request and in the Testator's sight and presence and at testator's request, and in the sight and presence of each other, do hereby subscribe our names as witnesses on ththe page(s) which contain the witness signatures, was signed in our sight and presence by _____________________________ (the "Testator"), who declared this instrument to be his/her Last Will and TestaWill.) We, the undersigned, hereby certify and declare under penalty of perjury under the laws of the State of ____________________ that the above instrument, which consists of _____ pages, including _________________________ (Notice to Witnesses: Three (3) adults must sign as witnesses. Each witness must read the following clause before signing. The witnesses should not receive assets under this ake this under no constraint or undue influence and ask the Witnesses named below to witness my signature. Testator's Signature: _______________________________________________ Name: ________________elow to this Will, this _____ day of ____________________, ______. at ____________________ (city), that I declare this to be my Last Will and Testament, that I am of legal age and sound mind, that I millegal or unenforceable, any invalidity, illegality or unenforceability should affect only that provision and all other provision should remain effective. IN WITNESS WHEREOF, I have signed my name bm shall remain the separate property of a beneficiary hereunder, free from all matrimonial rights or controls by his or her spouse. 6. Severability. If any provision of this Will is declared invalid, any community of property, partnership or other form of sharing or division of property which may exist between any beneficiary and his or her spouse, and every gift together with the income therefro determined by such beneficiaries if they can agree, and if not, by my Executor. 5. Matrimonial Rights. No gift, or the income therefrom, under this Will shall be assigned or anticipated, or fall intoh. 4. Beneficiary Disputes. If any bequest requires that the bequest be distributed between or among two or more beneficiaries, the specific items of property comprising the respective shares shall beexpenses in connection with or arising out of that fiduciary's good faith actions or nonactions as the fiduciary, except for such actions or non-actions which constitute fraudulent conduct or bad faitof my estate, and my estate shall indemnify such natural person from any and all claims or Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 7 of ______ eth day after the date of my death. 3. Liability of Fiduciary. No fiduciary who is a natural person shall, in the absence of fraudulent conduct or bad faith, be liable individually to any beneficiary ival Requirement. For the purposes of determining the appropriate distributions under this Will, Each beneficiary shall be deemed not to have survived me unless the beneficiary is living on the thirtiadopted person and such adopted person's descendants, if, but only if, the adopted person is not more than twelve years of age on the date of the court order granting such adoption. 2. Thirty Day Surv the singular the plural, and vice versa. and any pronouns shall be taken to refer to the person or persons intended regardless of gender or number The terms "child" and "descendant" shall include an poses only and are not to be considered as forming a part of this Will in interpreting its provisions. Throughout this Will the use of any gender shall be deemed to include all genders, and the use ofns in this Will for the distribution of my estate shall be supplemented by the following: 1. Paragraph Titles and Gender. The titles given to the paragraphs of this Will are inserted for reference purf the beneficiaries and shall not be subject to any question or review, by any person, official, authority, court or tribunal whatsoever or whomsoever. ARTICLE X MISCELLANEOUS PROVISIONS The provisiortial exercise of their duties hereunder or as not being maintenance of an even-hand among the beneficiaries and all such exercise of their powers, authority and discretion shall be binding upon all owhether or not such exercise may have the effect of conferring an advantage on any one or more of the beneficiaries or would otherwise, but for the foregoing, be considered as being other than an impa Executor or Trustee shall exercise the powers, authority and discretion granted herein in what Executor or Trustee deems to be the best interest, whether monetary or otherwise, of the beneficiaries, tected in exercising any discretion granted to them in my Will and shall not be liable to the beneficiaries or their heirs or personal representatives by reason of the exercise of such discretion. Theand costs incurred in connection with administering my estate, including but not limited to attorney, accountant, agent, broker and other professional fees. The Executor or Trustee shall be fully pro and conditions as the Executor or Trustee may deem advisable and to refer to arbitration all such claims if the Executor or Trustee deem same advisable. 11. Pay all necessary and reasonable expenses _____ 10. Compromise, settle, waive or pay any claim or claims at any time owing by my estate or which my estate may have against others for such consideration or no consideration and upon such terms or continue any partnership or business in which I may have an interest at the time of my death. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 6 of _by any such person or by my estate resulting from any election, determination, designation or exercise of discretion, entered into by the Executor or Trustee in good faith. 9. Windup, dissolve, settleand binding upon all the beneficiaries hereof. The Executor or Trustee shall not be liable to any person, whether beneficiary or otherwise, by reason of any loss, claim, tax or other cost experienced legislature or government of any state, or by any other legislative or governmental body of any other country, state or territory, and such exercise of discretion by the Executor shall be conclusive tor's or Trustee's absolute discretion, any elections, determinations, and designations permitted by any statute or regulation enacted by the federal government of the United States of America, by thelity for any loss or damage. The Executor or Trustee shall not be liable or responsible for any injury to, consumption of or loss of any such property so used. 8. Make or refrain from making, in Executed as producing income. 7. Permit any beneficiaries of my estate to use any tangible personal property or real property, without paying any rent, without giving any bond or security and without liabie authorized investments for all purposes of my Will. No reversionary or future interest shall be sold prior to falling into possession and no such interest not actually producing income shall be treats in the form existing at the date of my death at Executor's or Trustee's absolute discretion without responsibility for loss to the intent that investments or assets so retained shall be deemed to b property or partly in both upon the basis of fair market value and cause any share to be composed of money, property or undivided fractional share in property. 6. Retain any of my investments or asse, or to postpone such conversion of my estate or any part or parts thereof for such length of time as they may think best. Make any division or distribution of my residuary estate in money or in othere not consisting of money at such time or times, in such manner and upon such terms, and either for cash or credit or for part cash and part credit as they may in their absolute discretion decide upond notwithstanding that one or more of the Executor or Trustee may be beneficially interested in the property or any part thereof so valued. 5. Sell, call in and convert into money any part of my estatmaking any such division, setting aside or payment and the decision of the Executor or Trustee shall be final and binding upon all persons concerned, notwithstanding any fluctuation in market value an division, setting aside or payment, and I expressly will and declare that the Executor or Trustee shall in their absolute discretion fix the value of my estate or any part thereof for the purpose of ake any division of my real or personal estate or set aside or pay any share or interest therein either wholly or in part in the assets forming my estate at the time of my death or at the time of such5 of ______ money on any such real estate upon the security of any mortgage or mortgages and to pay off any mortgage or mortgages which may be in existence at any time forming part of my estate. 4. Many mortgage or mortgages upon any real estate forming part of my estate or any part thereof, to borrow Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page tenancies, to expend money in repairs, alterations, rebuilding and improvements and generally to manage any such property. The Executor or Trustee shall also have the right to renew and keep renewed , including the cost of keeping such property in adequate condition and repair, in the manner and to the extent that the Executor or Trustee shall deem advisable. 3. To accept surrenders of leases andof any real property as part of the probate administration of my estate for such period as the Executor or Trustee shall determine; collect any income therefrom; and pay the taxes and expenses thereof leases or other instruments and documents as may be necessary to effect such a sale, mortgage, lease or other disposition. The power of sale herein is discretionary and not mandatory. 2. Take charge erms, credits and conditions as may be deemed advisable, without order of court and without notice to anyone. I also give to the Executor or Trustee power to execute and deliver such deeds, mortgages,nge, mortgage, or otherwise encumber or dispose of all or part of any real or personal property that may be included in my estate in such manner and for such purposes, for such prices, and upon such tby law or necessary or appropriate for proper administration of my estate and the Trust, the Executor and the Trustee shall have the right and power to: 1. Lease, sell, grant options, partition, exchasting authority of the Executor with regards to the Will and of any Trustee with regards to the administration of any Trust created by this Will, and in addition to other powers and authority granted without unnecessary intervention by the probate court. No bond, security or surety shall be required of any Executor serving hereunder. ARTICLE IX POWERS OF EXECUTOR & TRUSTEE In addition to the existate without adjudication, order or direction of the court having jurisdiction over my estate, using "informal", "unsupervised", or "independent" probate or equivalent legislation designed to operateortion thereof who may be acting as such from time to time whether original or substituted and whether one or more. To the extent permitted by law, the Executor shall have the right to administer my en the place and stead of the first aforementioned Executor. References to "Executor" in this my Will shall include each Executor, Executrix, and Personal Representatives of my Will, my estate or any p. If such person or entity cannot, does not or is unable to serve or continue to serve as Executor for any reason, I appoint ___________________________________, , to be the Executor of this my Will i______ Witness __________ __________ Witness Witness Page 4 of ______ ARTICLE VIII NOMINATION OF EXECUTOR I appoint ___________________________________, ("Executor") as the Executor of this my Willthe appointed Guardian apply to have custody of such child(ren) and act as the guardian of the property of such child pursuant to the provisions of applicable law. Initials: __________ Testator _______________________, as the Guardian of my minor child(ren) in the place and stead of the first aforementioned Guardian. It is my wish that before the expiration of ___ days from the date of my death _____________________________, as the Guardian of my minor child(ren). If such person cannot, does not or is unable to serve or continue to serve as Guardian for any reason, I appoint ________________hat beneficiary's Guardian, Conservator or Trustee. ARTICLE VII GUARDIAN If it becomes necessary to appoint a Guardian for any of my minor child(ren) under the age of eighteen years, I appoint ______rving hereunder. The Trustee shall provide an accounting to the beneficiaries under the Trust once a year. If a beneficiary is a minor or has a disability, the Trustee may provide such accounting to tnt ___________________________________, , to be the Trustee under this Will in the place and stead of the first aforementioned Executor. No bond, security or surety shall be required of any Trustee seE I appoint ___________________________________, as the Trustee under this Will. If such person or entity cannot, does not or is unable to serve or continue to serve as Trustee for any reason, I appoial to any beneficiaries under the Trust if Trustee, in Trustee's own opinion and judgment, feels that the `proceeds' may be subject to any type of seizure or other legal proceeding. ARTICLE VI TRUSTEion occurred within nine months following the date of my death and the beneficiary has not accepted any of the benefits so renounced. The Trustee may withhold the distribution of any income or principy power of appointment herein granted. As to any interest in the trust renounced by a beneficiary, the trust shall be construed as though such beneficiary predeceased me if the beneficiary's renunciats. this provision shall not be deemed to be a limitation upon the right of any beneficiary to renounce, in whole or in part, any provisions of the trust for the benefit of such beneficiary, or upon anme and owning such property. 5. The interest of any beneficiary in the Trust shall not be subject to any assignment, anticipation, creditor's claim, seizure, attachment or other manner of legal procesroperty to whomever and in the same proportions as, my Executor would have been required to distribute it had I died intestate, unmarried, and a resident of the state of ___________________ at such ti. If at any time prior to the termination of the Trust created under this Will or when the trust is ended, none of the intended beneficiaries of the trust is living, the Trustee shall distribute the p who shall be living at the time of the death of such child, in equal shares per stirpes. Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 3 of ______ 4nder the Trust created by this Will, and if such child leaves no descendants surviving him or her, then such share or the amount thereof then remaining shall be divided among any of my other children,ares for any descendants under the age of _____________ years as directed by this Will for any of my minor children. If any of my child(ren) should die before receiving the whole of his or her share u Trust created by this Will, then such share or the amount thereof then remaining shall be divided among the descendants of such child in equal shares per stirpes. The Trustee shall administer such sh Trust will terminate and the Trustee shall give that child any remaining income and principal of the Trust. If any of my child(ren) should die before receiving the whole of his or her share under thee as to that child alone and the Trustee shall give that child his or her share of the Trust, including any share of undistributed income. When my youngest child reaches the age of _______ years, thisrom the trust is not paid to or applied for the benefit of the child(ren) such portion shall be added to the principal. 3. As each minor child reaches the age of _______ years, the Trust will terminatts shall not be deducted from or charged to the child(ren)'s share of the final distribution at the termination of the trust. If during any year that the Trust is in effect any portion of the income f, such amounts paid to my child(ren) need not be equal among my children, but should be based on the individual need(s) of my child(ren) and on the availability of assets in the trust. Any such paymentheir maintenance, support, health and education (including college and professional education) until such time as each child is no longer a minor as defined herein. If deemed necessary by the Trusteeake the administration of the Trust easier. 2. The Trustee shall pay any minor child(ren) or their descendants such sums from the income or principal of the Trust as the Trustee deems appropriate for ny minor children shall be held in trust by the Trustee and treated as part of the Trust assets. In Trustee's discretion, the Trust assets may be converted into cash or other instruments in order to mthe care, health, support, maintenance and education of any minor child(ren). The share of the proceeds of any life insurance policy on my life, any pension plan, contract or other policy passing to ar the benefit of my child(ren). 1. The Trust assets shall be retained, held, managed, invested, administered and distributed by the Trustee, under the provisions of this Will, in order to provide for ets that have passed under this Will to any minor child(ren) to the Trustee named in this Will, to invest and to hold in trust, as a private trust, (herein referred to as "Trust" or "Trust assets") for the age of ____________ years, those children shall be deemed and referred to as "minor child(ren)" for purposes of this Will and the Trust created thereby. I direct the Executor to transfer all assroper recipient thereof. Receipt of any such distribution shall be a sufficient discharge to the Executor. ARTICLE V TRUST FOR MINOR CHILDREN If at the time of my death, any of my child(ren) are unde at Initials: __________ Testator __________ Witness __________ __________ Witness Witness Page 2 of ______ the time of the distribution or to any other person the Executor may consider to be a p make any distribution for any such person directly to the beneficiary or to a parent, guardian, conservator, committee of such person, trustee of such person, person with whom the beneficiary residescted otherwise by law, if any person should become entitled to any share in my estate before attaining the age of majority or while under any other disability, I authorize the Executor to neverthelesse State of ________________________, then in effect, as if I had died intestate at the time fixed for distribution under this provision. Except as may be specifically otherwise provided herein or dire_________________ If any such beneficiary does not survive me, my residuary estate shall be distributed to my heirs-at-law, their identities and respective shares to be determined under the laws of thres per stirpes to: ___________________________________________ ____________________________________________________________________________ ___________________________________________________________ld is named, then the distribution shall be in equal shares per stirpes. If none of the named child(ren) or their descendants, survive me, I direct that my residuary estate be distributed in equal shaing any real property and personal property, be distributed, bequeathed and given to my child(ren) _____________________________________________________________________ (name(s)). If more than one chi) ___________________________________ (name(s)). If more than one child is named, then the distribution shall be in equal shares per stirpes. Residuary Estate I direct that my residuary estate, includry does not survive me, this bequest shall be distributed with my residuary estate. Primary Residence All my interest in my primary residence or homestead, if any, shall be distributed to my child(rennot survive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiaive me, this bequest shall be distributed with my residuary estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does hat the following specific bequests be made from my estate. _____________________________________________ shall be distributed to ___________________________________. If this beneficiary does not survnsferred to or acquired by such purchaser or transferee upon or after my death pursuant to any agreement with respect to such property. ARTICLE IV DISPOSITION OF PROPERTY Specific Bequests I direct t________ __________ Witness Witness Page 1 of ______ This direction shall not extend to or include any such taxes that may be payable by a purchaser or transferee in connection with any property trae taxes are owed by my estate or by any beneficiary. The Executor shall not seek reimbursement from any beneficiary for the payment of the taxes. Initials: __________ Testator __________ Witness __n connection with any insurance on my life or any gift or benefit given or conferred by me either during my lifetime or by survivorship. The payment of the taxes shall be made regardless of whether thessary to pay said inheritance taxes. The payment of the taxes shall be made regardless of whether the taxes are owed on property passing under this Will or any codicil hereto, outside of this Will, iowed because of my death shall be paid out of the residue of my estate. The Executor shall create, out of the residue, a separate fund for the purpose of paying any inheritance taxes in the amount necnses and expenses of last illness be first paid out of and charged to the capital of my general estate. All taxes (including income taxes and inheritance taxes) and any interest and penalties thereon ts and markers, regardless of any limitation fixed by statute or rule of court and without order of any court. ARTICLE III PAYMENT OF DEBTS AND EXPENSES I direct that my just debts, testamentary expes as the Executor deems proper for my funeral, cremation or burial and interment, including the disposition of the ashes or the acquisition of any burial site and the erection and engraving of monumen____________ Born on _________________ Name: _______________________________________ Born on _________________ ARTICLE II FUNERAL & BURIAL EXPENSES I authorize the Executor of my Will to pay such sum______________________ (name of ex-spouse). I am not married. I have the following child(ren): Name: _______________________________________ Born on _________________ Name: ___________________________), _______________________ (state), revoke my former Wills and Codicils and publish and declare this to be my Last Will and Testament. ARTICLE I MARRIAGE & CHILDREN I am divorced from _______________ut of this document should be discussed with a tax professional. Last Will And Testament Of ______________________ I, _________________________________________ (name), of ____________________ (county an attorney first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising ot a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without consulting referred to as the "Marital Deduction". If the recipient spouse is not a U.S. citizen, the deduction is limited (it was $100,000 in 2003). This information and these forms are not intended and are nooperty you are holding in trust; any joint property you own In addition, each individual may leave an unlimited amount to his or her spouse upon death without any federal estate tax liability. This isry, art, and other personal effects); [] partnership (business) interests; [] individual retirement accounts and qualified employee benefit plans; [] the face value of any life insurance policy; [] pr of all of the assets in your estate. Assets may include the following: [] real estate; [] stocks and bonds; [] bank accounts; [] tangible personal property (household furnishings and furniture, jewellevel, Information about Wills ­ Page 2 you really shouldn't use this will and should consult with tax professionals and an attorney. Before using this Will, it may be helpful to determine the valueto federal estate tax. As your estate approaches $2,000,000 in value and exceeds that amount, the greater your need for professional estate tax planning advice If your assets come near the $2,000,000 ividual's estate. For a person dying in 2006 to 2008, that credit is $2,000,000. The credit is available to each individual and his or her spouse. Estates totaling $2,000,000 or more could be subject tors should have an understanding of tax laws. Federal tax law provides that upon the death of an individual, there is a credit against the estate tax otherwise due on a portion of the value of an ind in any life situation where this Will is to be used as the principal estate planning document. If you have a large estate, you may need more complicated planning to reduce or limit death taxes. Testaesses or to require the witnesses to testify. New Hampshire permits self proving, but requires the affidavit to be in a specific format similar to the one included in our wills. The Will is for anyonee "proven" in court, like any other will. In Ohio, Maryland, California and the District of Columbia, the courts have some latitude to accept a will as self proved, to require an affidavit of the witnavit will be of no use in those states. However, including the affidavit in those states will not invalidate the Will (since it is a separate document from the Will). In those states it will have to b undue influence, lack of testamentary capacity, or prior revocation. A few states like Louisiana, Maryland, Ohio and Vermont (as of 2003) do not have statutes permitting self proving wills. The affidWill were followed. The Affidavit can also be useful if witnesses are not available when they are needed.. However, even with the Affidavit, the Will may still be subject to contest on such grounds asthat each saw the Testator sign the will and that the formalities for signing a Will were followed. The Affidavit may eliminate the need to have witnesses testify, that the formalities in signing the r the death of the Testator. Before the adoption of more modern laws, all wills were proved by having one or more of the witnesses come into court and testify under oath, or through sworn affidavits, all required formalities were observed when the Will was signed. The Affidavit does not affect the validity or legality of the Will. However, it can speed up the admission of the Will to probate afteated and will not be governed by this Will. The Will has an enclosed self-proving affidavit, which contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notary, thatts held jointly with rights of survivorship, assets with beneficiary designations (such as life insurance or employee benefit plans), and assets held in trust generally will not be required to be probor") as specified by the Testator. This Will does not avoid probate for the Testator's estate. It merely directs how the assets, which are individually owned by the Testator, will be distributed. Assee and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com Information about Wills This Will distributes the assets of the person making the Will (the "Testat local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising out of this document should be discussed with a tax professional. [_] The purchas state to state. These forms should only be a starting point for you and should not be used or signed without consulting an attorney first to make sure it fits your particular situation. Advice from aability for any specific purpose or as to their legal effect or completeness. [_]These forms are not intended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from to make sure it meets local requirements. Checklist & Instructions ­ Page 5 [_] These forms are provided "as is" and no implied or express warranties have been made or are provided as to their suittime and from place to place. All wills should be reviewed by a lawyer before they are signed. If the Testator moves to another state, the current will should be checked by a lawyer in their new stateercentages, make sure that the total of all of the beneficiaries' percentages equal 100%. Check the totals before signing the Will. State and federal laws, which affect estate planning, can vary over invalid if a spouse receives nothing or only a small portion of the estate. Consult an attorney if you wish to disinherit a spouse or any children. If any part of the Will calls for distribution in pnges, if the Testator has a child or if a named beneficiary or one of the Executors dies. Most state laws guarantee a minimum share of an estate to a spouse when the other spouse dies. The Will may been changes are desired, the original and all copies should be destroyed and an entirely new Will should be signed. New wills are commonly necessary when, for example, the Testator's marital status cha a competent tax advisor. If it becomes necessary to change the Will, do not modify it by adding, deleting, or modifying words on the face of the Will. Such changes are usually disregarded. Instead whll is not designed to reduce taxes. Estate taxes, if any, are based on the size of the total taxable estate and other matters. The tax results of the choices made in this Will should be discussed witheld in trust. In addition, the distribution of retirement plan benefits, life insurance proceeds and survivor benefits arising in other contracts and plans are not normally governed by a will. This Wir, would automatically pass to another person by operation of law or by any contract. For example, the Will does not dispose of property held in joint tenancy with rights of survivorship or property hept by the Testator and may also (if Testator so wishes) be provided to the person named as Executor / Personal Representative. This Will does not dispose of property that, on the death of the Testatoinal "copy" of a will should be prepared. While photocopies may be used for reference purposes, only the original can be admitted to probate. Copies are rarely accepted. A copy of the Will should be khe original of the Will should be kept in a secure location such as a safe deposit box at a bank or lawyer's office. Unlike other legal instruments where multiple originals are prepared, only one orig banks or trust companies) before naming them as Trustee, to make sure that they are willing and can serve. If you select a bank or trust company, be sure to check into their fees for such services. Tustee. It is very important to pick a person (or bank or trust company) that can be trusted to manage and administer the Trust that may be set up for your child(ren). It is best to talk to people (andre of the chil(ren). It is best to talk to people before naming them as the Guardian of the child(ren), to make sure that they are willing and can serve. Great care should be taken in selecting the Tr& Instructions ­ Page 4 The Guardian should be picked carefully as this person may have custody of the Testator's child(ren). It is also very important to pick a person that can be trusted to take caefore naming them as a Personal Representative, to make sure that they are willing and can serve. If you select a bank or trust company, be sure to check into their fees for such services. Checklist to pick a person (or bank or trust company) that can be trusted to handle financial matters and to deal appropriately with family members. It is best to talk to people (and banks or trust companies) bding i.e. not counting the self-proving affidavit) should be entered by hand in the bottom right of each page. The Personal Representative / Executor, should be picked carefully. It is very important ary or other person authorized to take acknowledgments and administer oaths. The affidavit states that all required formalities were observed when the Will was signed. The total number of pages (excluoving affidavit (called "Proof of Will" in some states) and attach it to the end of the Will. The Affidavit contains the Testator's acknowledgment and the affidavit of the witnesses, made before a Notines appear. The page with the self-proving affidavit, if included, should not be counted because the affidavit is not a part of the Will itself. The Testator and the witnesses should sign the self-prity of the Will at a later date (i.e. if this Will revokes an earlier Will). The Witnesses should indicate the total number of pages in the Will, including the page(s) on which the witness signature l is signing the Will freely and willingly. Wherever requested, the date should be filled in (preferably by hand), with the date of the actual signing. This step could be crucial to determine the validill. All witnesses must sign their names in the presence of the Testator and each other and of the notary public. The witnesses must be satisfied that the Testator is an adult of sound mind and he/sheit is a good idea for the Testator to initial the bottom of each page of the Will. This can prevent subsequent substitution of pages. The witnesses should also initial the bottom of each page of the Will. For example, the Testator can say: "The document I am about to sign is my Last Will and Testament. I am signing it freely and voluntarily" or similar words. Although not required in most states, or should orally declare that the document that is about to be signed, is intended to be the Testator's Last Will and Testament. However, the witnesses don't need to read or know the contents of the W executors should not be witnesses. All witnesses and the notary should watch the Testator sign the Will. The notary public is needed for the self-proved affidavit. Before signing the Will, the Testate of the witnesses is deemed to be invalid for any reason or if one of the witnesses can't be located. The witnesses should not be beneficiaries under the Will. For example children, spouses, heirs orWill in the presence of three (3) qualified, competent, disinterested and adult witnesses and a notary public. The signature of a third witness can provide additional protection if the signature of on and knows about relatives and others who might be entitled to a share of the estate. Checklist & Instructions ­ Page 3 Although most states only require two witnesses, the Testator should sign the and must be of legal age (i.e. eighteen in most states). Being of "sound mind" usually means that the Testator knows that he/she is signing a Will, is familiar with the property and the value thereofds to be completed and signed, by the Testator, all Witnesses and a Notary in front of each other. The Testator (i.e. the person who is writing the Will) must be of "sound mind" when signing the Willitness signatures and info. Affidavit: The enclosed Affidavit (although technically not part of the Will) states that all required formalities were observed when the Will was signed. The Affidavit neegnature Block: Testator needs to fill out: [] day month year city; [] signature; [] name Witnesses: Witnesses must provide and fill out: [] name of state; [] number of pages; [] name of testator; [] wowers of Executor and Trustee empowers them to deal with matters like taxes, taking care of the property, and making distributions to the beneficiaries Article X: Contains miscellaneous provisions. Sisonal Representative will pay whatever is left to the beneficiaries named in the will. Testator must provide and fill out [] the name of executor (spouse); [] name of alternate executor. Article IX: Ptator's property. The Personal Representative is also responsible for paying outstanding debts, administration expenses and taxes out of the testator's estate. After paying debts and expenses, the Perestator to name an Executor to administer the estate, and an alternate in case the first choice cannot serve. The Executor will have the responsibility (after the testator's death) of managing the tesian has to apply to be officially appointed as guardian of child(ren). Article VIII: Deals with the appointment of the Testator's Personal Representative (i.e. Executor) and alternate; It allows the Tith appointment of the Guardian and an alternate for the minor children. Testator must provide and fill out [] the name of Guardian; [] name of alternate Guardian; [] number of days within which Guard will administer the assets passing under the Will for any child(ren) under a certain age. Testator must provide and fill out [] the name of Trustee; [] name of alternate Trustee. Article VII: Deals wlaws the will is made. Article VI: Deals with appointment of Trustee and Trustee's specific duties/responsibilities. It allows the Testator to name a person and an alternate to act as the Trustee that when children should not be considered minors any longer Checklist & Instructions ­ Page 2 for purposes of the Trust (this needs to be entered four (4) times in this section); [] state under whose be given if child(ren) predecease Testator; [] state under whose laws the will is made Article V: Deals with the creation of a trust for any minor children. Testator must provide and fill out: [] age of child(ren) to whom the primary residence (if any) is given; [] name of child(ren) to whom the residuary estate will be given; [] name of "alternate" beneficiaries to whom the residuary estate willrovide and fill out: [] description of property (or dollar amount); [] name(s) of person/entity property is given to (three blank paragraphs are provided, but you can add as many as you need); [] nameproperty. Allows Testator to give specific dollar amounts or other property to specific persons or charities and gives any primary residence and the residuary estate to the child(ren). Testator must psary. Article II: Authorizes payment of funeral and burial expenses. Article III: Authorizes payments of debts and expenses. Article IV: Disposes of specific property, primary residence and residuary must provide and fill out [] name of ex-spouse; [] name of child(ren) and date of birth for each child. Three spaces are provided for names of children. You can add or remove spaces for names as necesains preliminary information about the will. Testator must provide and fill out: [] name, [] county and [] state Article I: Gives the name of the ex-spouse and the name(s) of any child(ren). Testator vided and filled out in the space provided. The enclosed Affidavit also needs to be completed. Title: Enter name of Testator in blank space under title "Last Will and Testament of". Introduction: Contl. This Will is suitable for estates worth less than $2,000,000. This Will is divided into various sections. The content of each section is explained below. Some sections require information to be prohe Will allows the appointment of a Guardian for any minor child(ren) and a Trustee to administer the minor children's assets. The Will also allows the Testator to make specific gifts to others as weldren, and includes a self-proved affidavit. It distributes the assets of the Testator (i.e. person making the will) to the child(ren). If the children are minors at the time of the Testator's death, t; (2) Information about Wills; (3) Will ­ Divorced Person (not remarried) with Minor Children with self-proved affidavit. This Will is for a Divorced (not remarried) Person with one or more minor chilChecklist and Instructions Will - Divorced (not remarried) Person with Minor Children This package contains (1) Checklist and Instruction for Will ­ Divorced Person (not remarried) with Minor Children South DakotaSouth Dakota _____________, __________. ______________________________ (Notary Public) My commission exp ires: __________________. 3 sses ____________________________, and _________________________ personally appeared before the undersigned officer and signed the foregoing instrument in my presence. Dated this _____________ day of ature) Print Name: ___________________________________ Address: ______________________________________ On this the __________ day of ________ 20___, the declarant, ________________________, and witne_______________________ (Witness Signature) Print Name: ___________________________________ Address: ______________________________________ _____________________________________________ (Witness Sign_________________________________ ______________________________________ Zip Code: ___________________________ The declarant voluntarily signed this document in my presence. 2 ____________________________________ __________________________________________ (Declarant's Signature) Name: ____________________________________________________________________ Address: ___________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Date: ____e). ____________________________________________________________________________ ____________________________________________________________________________ __________________________________________of the printed directives and want to write your own, or if you want to write directives in addition to the printed provisions, or if you want to express some of your other thoughts, you can do so hereatment" that may be withheld or withdrawn. _________ I do not intend to include this treatment among the "life-sustaining treatment" that may be withheld or withdrawn. (If you do not agree with any e withheld or withdrawn.") With respect to artificial nutrition and hydration, I wish to make clear that (initial only one): _________ I intend to include this treatment among the "life-sustaining tr or veins. If you do not wish to receive this form of treatment, you must initial the statement below which reads: "I intend to include this treatment, among the 'life-sustaining treatment' that may bordance with accepted medical standards as then in effect. (Artificial nutrition and hydration is food and water provided by means of a nasogastric tube or tubes inserted into the stomach, intestines,ibility of restoring consciousness to me, then provide life-sustaining treatment. 1 _________ MAXIMUM TREATMENT. Preserve my life as long as possible, but do not provide treatment that is not in accsible, then do not provide me with life-sustaining treatment, and if life-sustaining treatment is being provided to me, terminate it. If and so long as you believe that treatment has a reasonable possstoring to me the ability to think and act for myself. _________ TREAT UNLESS PERMANENTLY UNCONSCIOUS. If you believe that I am permanently unconscious and are satisfied that this condition is irreverstaining treatment is begun, terminate it. _________ TREATMENT FOR RESTORATION. Provide life-sustaining treatment only if and for so long as you believe treatment offers a reasonable possibility of rey of the following directives, space is provided below for you to write your own directives). _________ NO LIFE-SUSTAINING TREATMENT. I direct that no life-sustaining treatment be provided. If life-susions regarding my medical care. With respect to any life-sustaining treatment, I direct the following: (Initial only one of the following optional directives if you agree. If you do not agree with an CARE: I, ______________________________________ willfully and voluntarily make this declaration as a directive to be followed if I am in a terminal condition and become unable to participate in decie to use this form, please note that the form provides signature lines for you, the two witnesses whom you have selected and a notary public. TO MY FAMILY, PHYSICIANS, AND ALL THOSE CONCERNED WITH MYocument at any time by notifying your physician and other health-care providers. You should give copies of this document to your physician and your family. This form is entirely optional. If you choosstakes. This document will remain valid and in effect until and unless you revoke it. Review this document periodically to make sure it continues to reflect your wishes. You may amend or revoke this dou live or die. Prepare this document carefully. If you use this form, read it completely. You may want to seek professional help to make sure the form does what you intend and is completed without mito participate in your own medical decisions and you are in a terminal condition. This document may state what kind of treatment you want or do not want to receive. This document can control whether ys and Terms of Use found at findlegalforms.com Living Will DECLARATION This is an important legal document. This document directs the medical treatment you are to receive in the event you are unable 2 estate planning matters. Any possible tax consequences arising out of this document should be discussed with a tax professional. [_] The purchase and use of these forms is subject to the Disclaimerithout consulting an attorney first to make sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with Living Will Information & Instructions ­ Page tended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed wided "as is" and no implied or express warranties have been made or are provided as to their suitability for any specific purpose or as to their legal effect or completeness. [_]These forms are not inn to the attending physician or other health-care provider. The attending physician or health-care provider shall make the revocation a part of the declarant's medical record. [_] These forms are provrd to contain revocation. A declarant may revoke a declaration at any time and in any manner without regard to the declarant's mental or physical condition. A revocation is effective upon communicatioding physician and other health-care providers shall act in accordance with the declaration or comply with the transfer requirements of § 34-12D-11. 34-12D-8. Revocation of declaration -- Medical recosician and one other physician to be in a terminal condition and no longer able to make decisions regarding administration of life-sustaining treatment. If the declaration becomes operative, the attenration may, but need not, be in the following form (see form below): 34-12D-5. When declaration becomes operative. A declaration becomes operative when the declarant is determined by the attending phytion and hydration is to be provided, withheld, or withdrawn shall be governed by the law of this state which would apply in the absence of a declaration. 34-12D-3. Declaration -- Sample form. A declato receive or not receive artificial nutrition and hydration. If the declaration does not state the declarant's preferences with respect to artificial nutrition and hydration, whether artificial nutriuals. The signing may be in the presence of a notary public who shall thereafter notarize the declaration. A declaration shall state the declarant's preferences regarding whether the declarant wishes tion governing the withholding or withdrawal of life-sustaining treatment. The declaration shall be signed by the declarant, or another at the declarant's direction, and witnessed by two adult individe, we have included useful excerpts from the South Dakota Statutes relating to Living Wills. 34-12D-2. Declaration -- Requirements as to execution. A competent adult may at any time execute a declaraction for South Dakota Living Will; (2) South Dakota Living Will. This South Dakota Living Will is based on Title 34 Chapter 12D Section 34-12D-2 et. Seq. of the South Dakota Code. For your convenienc_____________________________ _____________________________________________________________ -2- Information and Instructions South Dakota Living Will This package contains (1) Information and Instru___________________ Witness #2: Signature: ___________________________________ Date: ____________ Print Name: ______________________ Telephone Number: ____________ Residence Address: _______________________ Date: ____________ Print Name: ______________________ Telephone Number: ____________ Residence Address: _____________________________________________ __________________________________________owledged this durable power of attorney in my presence, and that he/she appears to be of sound mind and not under duress, fraud, or undue influence Witness #1: Signature: ___________________________________ (Notary Public) OR WITNESS STATEMENT I declare that the person who signed or acknowledged this Durable Power of Attorney for Health Care is personally known to me, that he/she signed or ackn__ ) ) ) -1- Subscribed, sworn to, and acknowledged before me by ________________________________, the principal, this ______ day of ____________, 20_____. (Seal) _________________________________r, of sound mind, and under no constraint or undue influence. ________________________________________ (Signature of Principal) NOTARY The State of South Dakota The County of _______________________ty that I sign it willingly (or willingly direct another to sign for me), that I execute it as my free and voluntary act for the purposes therein expressed, and that I am eighteen years of age or olde______________________________________________, the principal, sign my name to this instrument this ________ day of ____________ (month) 20 __________, and do hereby declare to the undersigned authoriey- in- fact, or if he or she is unable, unwilling or unavailable to act, by my successor attorney-in- fact, unless the attending physician determines that I have decisional capacity. I, _____________ no longer make my own medical decisions, and is not affected by physical disability or mental incompetence. The determination of whether I can make my own medical decisions is to be made by my attornuccessor agent) to make decisions for me regarding the withholding or withdrawal of artificial nutrition and hydration in all medical circumstances. This power of attorney becomes effective when I canr attorney- in-fact, and authorize him/her to make all and any health care decisions for me, including decisions to withhold or withdraw any form of life support. I expressly authorize my agent (and st) of ____________________________________________________________. (address and telephone number of successor attorney- in- fact) I have discussed my wishes with my attorney- in- fact and my successoble to act on my behalf or if I revoke that person's authority to act as my attorney- in-fact, I hereby appoint ____________________________________________________, (name of successor attorneyin- facake health care decisions on my behalf and to consent to, to reject, or to withdraw consent for medical procedures, treatment or intervention. In the event the person I appoint above refuses or is una________________________________, (name of attorney- in-fact) of _____________________________________________________ (address and telephone number of attorney- in- fact) as my attorney- in-fact to m____________________________________, (name of principal) of _____________________________________________________________ (address) an adult of sound mind, willfully and voluntarily hereby appoint __ a tax professional. [_] The purchase and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com -1- Power of Attorney for Health Care I, _____________________your particular situation. You should also consult an attorney whenever a document is negotiated with another party. Any possible tax consequences arising out of this document should be discussed withuld only be a starting point for you and should not be used without consulting with an attorney first. Before using or signing this document you should have an attorney review it to make sure it fits or as to their legal effect or completeness. [_]These forms are not intended and are not a substitute for legal and/or tax advice. Laws vary from time to time and from state to state. These forms shoDakota Power of Attorney for Health Care Form. [_] These forms are provided "as is" and no implied or express warranties have been made or are provided as to their suitability for any specific purpose of Attorney for Health Care is partly based on Title 59 Section 27A16-18 et. Seq. of the South Dakota Statutes. The following are useful excerpts from the South Dakota Statutes relating to the South r Health Care This package contains (1) Information and Instruction for South Dakota Power of Attorney for Health Care; (2) South Dakota Power of Attorney for Health Care Form. This South Dakota Power be discussed with a tax professional. [_] The purchase and use of these forms is subject to the Disclaimers and Terms of Use found at findlegalforms.com Information South Dakota Power of Attorney fo sure it fits your particular situation. Advice from a local attorney is always recommended when dealing with estate planning matters. Any possible tax consequences arising out of this document shouldd/or tax advice. Laws vary from time to time and from state to state. These forms should only be a starting point for you and should not be used or signed without cons ulting an attorney first to makenties have been made or are provided as to their suitability for any specific purpose or as to their legal effect or completeness. [_]These forms are not intended and are not a substitute for legal an an Advance Health Care Directive. The first form is the Power of Attorney for Health Care and the second form is the Living Will. [_] These forms are provided "as is" and no implied or express warraSouth Dakota Advance Health Care Directive This package contains both a South Dakota Power of Attorney for Health Care and a South Dakota Living Will. Together these forms are also sometimes known as South DakotaSouth Dakota Quitclaim Deed - 2 (s) acted, executed the instrument. WITNESS my hand and official seal. NOTARY SEAL _______________________________ Signature of Notary Public _______________________________ Printed Name of Notary o me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person_________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged t_____________ Type or Print Name of Grantor State of South Dakota County of ______________ } ss. On ______________________, 20,___ before me, _________________________________, personally appeared _ts thereon. Quitclaim Deed - 1 IN WITNESS WHEREOF, Grantor has executed this Quitclaim Deed on __________________, 20 __. ____________________________________________ _______________________________that neither Grantor nor Grantor's heirs, successors and/or assigns shall have claim or demand any right or title to the property described above, or any of the buildings, appurtenances and improvemen and restrictions of record. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto Grantee, Grantee's heirs, successors and/or assigns forever; so of ________________________________, State of South Dakota described as follows: [Insert legal description] SUBJECT TO all, if any, valid easements, rights of way, covenants, conditions, reservationse, all right, title, interest and claim to the plot, piece or parcel of land, with all the buildings, appurtenances and improvements thereon, if any, in the City of __________________________, County f _______________________ DOLLARS ($___________) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor hereby CONVEYS AND QUITCLAIMS to Grante_________________________________ and ________________________________ ("Grantee") whose address is _____________________________________________________. FOR A VALUABLE CONSIDERATION, in the amount oLL MEN BY THESE PRESENTS THAT: THIS QUITCLAIM DEED, made and entered into on ___________________, 20_____, between ____________________________ ("Grantor") whose address is _________________ _________se found at findlegalforms.com Recording requested by: and when recorded, please return this deed and tax statements to: Escrow No.: For recorder's use only Title Order No.: QUITCLAIM DEED KNOW Asulting with an attorney first. An Attorney should be consulted before negotiating any document with another party. [_] The purchase and use of these forms is subject to the Disclaimers and Terms of Uded or may be charged additional fees [_] These forms are not intended and are not a substitute for legal advice. These forms should only be a starting point for you and should not be used without con check your local requirements with your local Recorder's (or similar) office. [_] Depending on the type of document, additional requirements may apply. Nonconforming documents may be returned unrecor_] Documents referencing land should include a legal description of the land. Verify that the legal description is correct. [_] A Quitclaim Deed may require other documents to be filed with it. Pleasen the Quitclaim Deed. Among other things, Notarization will allow the Quitclaim Deed to be recorded as a public record. Without filing, the Quitclaim Deed may not be effective against third parties. [Instructions & Checklist for Quitclaim Deed South Dakota (Individual) [_] This package contains (1) Instructions and Checklist for Quitclaim Deed (2) Quitclaim Deed [_] The Grantor should date and sig South DakotaSouth Dakota _____________ Name of Survivor: _______________________________ Address: ____________________________________________ City: _______________________________________________ State: __________________________________urposes (strike any of the following you do not want): (1) Transplant (2) Therapy (3) Research (4) Education Date: __________________ Signature of Survivor: __________________________________ Printed_______________ ________________________________________________________________________ ________________________________________________________________________ III. The gift is for the following pthe applicable box): Give any needed organs, tissues, or parts, OR Give the following organs, tissues, or parts only: _______________________ _________________________________________________________ity and state). I. I survive the decedent as (mark the appropriate box): spouse; adult son or daughter; parent; adult brother or sister; grandparent; or guardian of the decedent. II. I hereby (mark this anatomical gift from the body of __________________________________(name of decedent) who died on _____________, 20___ at_______________________________ in ____________________________________ (corney should be consulted for all serious legal matters. Anatomical Gift by Next of Kin or Guardian of the Person Pursuant to the Uniform Anatomical Gift Act and the law of this state, I hereby make rruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way out of the use of these materials. An att direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business inteals are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or publishers of the forms, be responsible or liable for anym. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any of the materials for your particular needs. The materieated by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.con for the removal of a part from the body of the decedent, the physician, surgeon, technician, or enucleator removing the part knows of the revocation. Disclaimer No Attorney-Client relationship is cr a member of the person's class or a prior class. An anatomical gift by a person authorized under subdivision may be revoked by any member of the same or a prior class if, before procedures have beguoposing to make an anatomical gift knows of a refusal or contrary indications by the decedent. (3) The person proposing to make an anatomical gift knows of an objection to making an anatomical gift byAn anatomical gift may not be made by a person listed above if any of the following occur: (1) A person in a prior class is available at the time of death to make an anatomical gift. (2) The person pre decedent; (3) either parent of the decedent; (4) an adult brother or sister of the decedent; (5) a grandparent of the decedent; and (6) a guardian of the person of the decedent at the time of death ker for an authorized purpose, unless the decedent, at the time of death, has made an unrevoked refusal to make that anatomical gift: (1) the spouse of the decedent; (2) an adult son or daughter of th Gift Form An anatomical gift may be made any member of the following classes of persons, in the order of priority listed, may make an anatomical gift of all or part of the decedent's body or a pacemas made on behalf of the decedent by the next of kin or guardian. Included in this kit are the following: General Instructions for preparing your Anatomical Gift (by next of kin or guardian) Anatomicalt. As the next of kin or guardian, you can prepare and execute an Anatomical Gift on behalf of the decedent. This kit is designed to fulfill the obligations of the Uniform Anatomical Gift Act for giftFindLegalForms.com Information Donation Pursuant to the Uniform Anatomical Gift Act (by Next of Kin or Guardian) A loved one has died and you believe that he/she would desire to make an Anatomical Gif South Dakota