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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 {f 7 ~tE~f}~s (1 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.