HomeMy WebLinkAbout10-00500267- 00075576STATUTORY DURABLE POWER
OF ATTORNEY
NOTICE: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND
SWEEPING. THEY ARE EXPLAINFL) IN [HE: DURABLE POWER OF ATTORNEY
ACT. CHAPTER XI1. TEXAS PROBATE: CODE. IF YOU HAVE ANIr' QUESTIONS
ABOUT THESE POWERS. OBTAIN COMPETENT LEGAL ADVICE. THIS
DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL. AND
OTHER HEAL'T`H-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS
POWER OF ATTORNEY IF YOU LA ITR u'ISH TO DO SO.
I, Marcelino Diaz Barrera. 6106 Raintree Dr., Pearland. TX 77-581, appoint Marta
Diaz Kvie. 6106 Raintree Dr.. Pearland. TX 77581 as my agent (attorney-in-tact) to act
for me in any lawful way with respect to all of the following pokers except for a power
that I have crossed out below.
TO WITI IHOLD A POWER, YOt_' MUST CROSS OI `T EACH POWER
WITHHELD.
Real Property Transactions:
Tangible personal property transactions:
t;t Commodity and option tF
Banking and other financial institution transactions:
tyt / Business ope
f'.j l t.'1T11 . .
1 tw "Benefits t~ovn s Medicaid. oF other t
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IF NO POWER LISTED ABOVE. IS CROSSED OUT. TFIIS DOCUMENT
SHALL BE CONSTRUED AND INTERPRETED AS A GENERAL POWER OF
ATTORNEY AND MY AGENT (ATTORNEY IN FACT) SHALL HAVE TIFF.
POWER AND At ITHORITY TO PERFORM OR UNDERTAKE ANY ACTION I
COULD PERFORM OR t`NDERT IKE IF I WERE PERSONALLY PRESENT.
SPECIAL INSTRUCT IONS:
Special instructions applicable to gifts (initial in from ofthe following sentence to
have it apply):
I grant my agent (attorney in fact) the power to apple my property to make gifts.
except that the amount ofa gift to an individual may not exceed the amount of annual
exclusions allowed from the federal gift tax for the calendar year of the gift.
ON THE FOLLOWING LINES YOU MAY GIVE SPECIAL INSRTUCTIONS
LIMITING OR EXTENDING THE POWERS GRANTED TO YOUR AGENT.
My agent (attorney in fact) is empowered to perform the fallowing:
1) Burrow money at an interest rate agreeable to the attorney in fact or agent and pledge
as security real or personal property of the principal necessary to borrow. pay, renew, or
extend the time of payment of a debt of the principal.
(iNLESS YOU DIRECT OTHERWISE ABOVE. THIS POWER OF
ATTORNEY IS EFFECTIVE IMMEDIATELY AND WILL CONTINUE UN FIL IT IS
REVOKED.
CHOOSE ONE OF THE FOLLOWING ALTERNATIVES BY CROSSING
OUT THE ALTERNATIVE NOT CHOSEN:
(A) This power of attorney is not affected by my Subsequent disability or
incapacity.
(B) This power of attorney becomes effective upon my disability or
incapacity.
YOU SHOULD CFIOOSF. ALTERNATIVE (A) IF TEAS POVI'ER OF
ATTORNEY IS TO BECOME FFFECFIVF. ON THE DATF IT IS EXECUTFD.
IF NEITHER (A) NOR (B) IS CROSSED OUT. IF WILE. BE: ASSIAII-I'D FHAT
YOU CHOSE ALTFRN AI`IVF 1A).
If Alternative (B) is chosen and a definition of my disability or incapacity is not
contained in this power of attorney. I shall be considered disabled or incapacitated for
purposes of this power ofattorne\ if a physician certifies in writing at a date later than
the date this power of attorney is executed that. based on the physician's medical
examination of me, I am mentally incapable of managing my financial affairs. 1
authorize the physician who examines me for this purpose to disclose my physical or
mental condition to another person for purposes of this power ofattorney. A third party
who accepts this power of attorney is fully protected from any action taken under this
power of attorney that is based on the determination made by a physician of my disability
or incapacity.
I agree that any third party who receives a copy of this document may act under it.
Revocation of this durable power of attorney is not effective as to a third party until the
third party receives actual notice of the revocation. I agree to indemnify the third party
for any claims that arise against the third party because of reliance on this power of
attorney.
If my agent named by me dies. becomes legally disable, resigns, or refuses to act,
name the following (each to act along and successively, in the order named) as
successor(s) to that agent: None noted.
Signed this day of~ 2009
Marcelino Diaz Barrera
This document was acknowledged before me on this 5th day of .Ianuarv. 2009, by
.Marcelino Diaz Barrera.
NOTARY PUBLIC V
~`rl AMBER SAENZ Notary Public
~1. State of Texas
My Comnussion E[+ires 11-12.2011
W WP "o
Printed Name of NotarN
My Commission Expires: I I \ 1
THE ATTORNEY IN FACT OR AGENT. BY ACCEPTING OR ACTING
UNDER THE APPOINTMENT. ASSUMES THE FIDUCIARY AND 0"1-HER LEGAL
REPONSIBILITIES OF AN AGENT.