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HomeMy WebLinkAbout2Misc Letters • . • - • _ "' . ^ . , ,, ,.. ., ,,,,,../..., ... ... ,,,,,,,,, „y,,,, , ,,,, ,,,,,,,...,,... , , . 4.110,,..„ . .. .... . . .. .. „ , . . ' '=^ ~a. .,.......„.....,,,,„.......,..... ... . �� / „. . . . .•. . ..., ....„ Ai., ., . - , / _- - __-. - . . � 5 � • RETURN TO: JohnT.Chandler,Esq. JOSEPH E.SMITH,CLERK OF THE CIRCUIT COURT 44047 900 Virginia Avenue,Ste.7 FAIN# COUNTY FILE# 440471D 02/23/2018 D1:20:57 PM Fort Pierce,FL 34982 OR BOOK 4100 PAGE 2492-2494 Doc Type:PA RECORDING: $27.00 PREPARED BY: • John T.Chandler,Esq. 900 Virginia Ave.Ste.7 Fort Pierce,Florida 34982 • (772)464-3774 DURABLE POWER OF ATTORNEY . By this Durable Power of Attorney. I. ALPHEUS FORBES. of 4500 Juanita Avenue,Fort Pierce, in St. Lucie County. Florida, appoint my wife. LISA ANDREWS FORBES. my true and lawful attorney("Agent")for me in my name,place, and stead to do anything regarding my estate,property and personal affairs that I could do myself ill'were competent and not incapacitated. This Durable Power of Attorney shall not be affected by any physical or mental disability that I may softer,except as provided by statute,and it shall be exercisable from this date. All acts done under this power by my attorney-in-fact shall bind me, my heirs,devisees, and personal representatives. This power of attorney is non-delegable. All of my property and interest in property are subject to this Durable Power of Attorney. Without limiting the broad powers conferred by the preceding provisions,I authorize my attorney-in-fact to: 1. Collect all sums of money and other property that may be payable or belonging to me and execute receipts, releases, cancellations,or discharges. 2 Settle any account in which I have any interest and pay or receive the balance of that account. 3. Borrow money on the terms and with the security as my attorney-in-fact thinks lit and execute all notes, mortgages, and other instruments that my attorney-M-fact finds necessary or desirable. 4. BANKING AND OTHER FINANCIAL INSTITUTION: • (a) Establish.continue,modify,or terminate an account or other banking arrangement with a financial institution. (b) Contract for services available liom a financial institution,including renting a safe-deposit box or space in a vault. (c) Withdraw, by check, order, electronic funds transfer; or otherwise, money or property of the principal deposited with or left in the custody of a financial institution. (d) Receive statements of account, vouchers, notices,.and similar documents from a financial institution and act with respect to them. (e) Purchase cashier's checks, official checks, counter checks, bank drafts, money orders, and similar instruments. (t) Endorse and negotiate cheeks, cashier•:; checks. official chocks; drafts, and other negotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions,and accept a draft drawn by a person upon the principal and pay it when due. (g) Apply for. receive, and use debit cards, electronic transaction authorizations, and traveler's checks from a financial institution. (h) Use. charge. or draw upon any line of credit. credit card, or other credit established by the principal with a financial institution. (i) Consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution. • 5. ' Sell or redeem any of my assets,including but not limited to my homestead(term shall include the present homestead that I now have or any homestead in which I may hereafter acquire any right,title or interest)or any other real estate owned by pie, bonds, shares of stock, mutual finds. annuities, warrants. or debentures; execute all assignments and deeds or other instruments necessary or proper for transferring them to the purchaser or purchasers;give good receipts and discharges for all money payable with regard to therm and to execute, acknowledge, and sign all forms, documents, claims, and affidavits that are necessary, desirable or required in regard to the title of any motor vehicle, or vehicles that I now,own or may hereafter acquire. 6. Manage,lease,and superintend any of my real estate. FILE Copy A • . 7. INVESTMENT ACCOUNTS:As provided in Section 709.2208(2)of the Florida Statues,for purposes of this subsection, the term "investment instruments" means stocks, bonds, mutual funds, and all other types of securities and financial instnnnents, whether held directly, indirectly, or in any other manner, including shares or interests in a private investment fnd,including,but not limited to,a private investment fund organized as a limited partnership,a limited liability company, a statutory or common law business trust,a statutory trust,or a real estate investment trust,joint venture,or any other general or limited partnership; derivatives or other interests of any nature in securities such as options, options on futures, and variable forward contracts; mutual funds;common trust funds;money market finds;hedge funds;private equity or venture capital funds; insurance contracts; and other entities or vehicles investing in securities or interests in securities whether registered or otherwise,except commodity futures contracts and call and put options on stocks.and stock indexes. (a) Buy.sell,and e:.change investment instruments. (b) ' Establish.continue,modify,or terminate an account with respect to investment instruments. � (c) Pledge investment instruments as security to borrow.pay,renew,or extend the time of payment of a debt orf the principal. • (d) Receive certificates and other evidences of ownership with respect to investment instruments. (c) Exercise voting rights with respect to investment instruments in person or by proxy,enter into voting trusts, and consent to limitations on the right to vote. (1) Sett c omnodst tuiure::contract and:4di and put options on st,eks and stock indexes. 8. Execute on my behalf any tax return, make any tax elections or consents that I could make, and act for me in any examination, audit, hearing. conferences. or litigation relating to taxes, including the authority to tile and prosecute refund claims and enter into any settlements. 9. Engage,employ,and dismiss any agents,clerks,servants,or other persons as niy attorney-in-fact,in her sole discretion,shall consider necessary or advisable. 10. Prosecute,defend.and settle all actions or other legal proceedings with regard to any of my assets in any manner. 11. Organize, either singly or in conjunction with others, a corporation, partnership,or other entity, and transfer assets to that entity. 12. Make gifts of any of my property in connection with estate,gift, income,or generation-skipping tax planning procedures for me consistent with my general testamentary intent. Provided,however,that gifts to my attorney-in-fact shall not exceed the annual exclusion as described in Internal Revenue Code§2503(b)as amended from time to time. 13. Exercise any power of revocation or amendment retained by me over ally living trust of which I am or may become grantor as may be required or advisable to better accomplish my intent as expressed therein and transfer any of my assets to the trustee of any living trust of which I am or may become grantor and create a living trust for me,consistent with my general testamentary interest. 14. Disclaim any assets passing to me. 15. Enter any safe deposit box standing in my name,alone or jointly,and remove any or all contents. 16. HEALTHCARE SURROGATE. Make all healthcare and medical treatment decisions for me. including but not limited to, [Mose defined in Chapter 765. 1-1,rid: Sist;a:ie. including the right to accep, or refuse medical treatments for me;in consultation with my physicians and full power and authority to arrange for and consent. 17. Authorize my admission to a medical,nursing,residential,or similar facility and enter into agreements for my care. 18. Authorize my admission to a mental health facility for psychiatric or psychological evaluation,treatment,or care,release tine from such a facility,and have access to all of my clinical records while I am a patient at such a facility. 19. Collect and receive all sums of money and other property that may be payable to me by reason of my participation in a qualified retirement plan,by reason of my being the beneficiary of a participant in a qualified retirement plan,or that may be payable to me,as owner or beneficiary,from an Individual Retirement Account. 20. Make on my behalf any elections or choices available to me and give on my behalf any consents required,by reason of either my participation in or my being the beneficiary of a participant in a qualified retirement plan,-and make any elections or choices available to me and give on my behalf any consents required under ally Individual Retirement Account of which I am the owner or beneficiary, including the right to withdraw money and make investment decisions. 21. Establish for my benefit one or more Individual Retirement Accounts with any trustee or custodian. 22. Transfer any of my assets to the trustee or custodian of an Individual Retirement Account established for niy benefit. � tL. At. 23. Execute and fluid on my behalf an irrevocable Income Gap Trust to enable me to qualify for Medicaid benefits or any governmental assistance program. The powers conferred on my attorney-in-fact extend to all of my right,title,and interest in property in which I may have an interest jointly with any other persons,whether in an estate by the entireties,joint tenancy,or tenancy in common. Third parties who act in reliance on the authority granted to my attorney-in-tact under this durable power of attorney and in accordance with the instructions of the attorney-in-fact shall be, and hereby are, held harmless by me from any loss suffered or liability incurred as a result of actions taken before receipt of written notice of revocation,suspension,or partial or compete termination of this power; notice of a petition to determine incapacity,or my death. In the event of the institution of'a proceeding for my incapacity, I direct that this instrument be tiled with the clerk of the court in such proceeding and thereafter produced by same to evidence my expressed desire that my wife, LISA ANDREWS FORBES serve as iuy guardian should I be adjudicated incompetent or incapacitated. The foregoing designation of a "premed guardian"is made pursuant to the provisions of Florida Statues Section 744.3045. . I intend for my agent to be treated as I would regarding the use and disclosure of my individually identifiable health information or ot1, medical records. "''this rck:ase authcrit; applies to f,ny irnfonnat;on governed by the Health Insurance Portability and Accountability Act of 1996(aka HPPA);42 USC 1420D and 45 CFR 160-164. My attorney-in-fact shall exercise this durable power of attorney only for my benefit and not to benefit herself except as provided ill paragraph 15. My attorney-in-fact shall not be liable for any acts or decisions made by her in good faith and under the terms of this durable power of attorney. This instrument is executed by me in the state of Florida, but it is my intention that this power of attorney shall be exercisable in any other state or jurisdiction in which I have any property or interest in property. Photo static copies of this instrument shall have the same force and effect as the original. I hereby confirm all acts of my attorney-in-fact under this power. Any act that is done under this power between the revocation of this instrument and notice of that revocation to my attorney-in-fa'ct shall be valid unless the person chinning the benefit of the act had notice of that revocation. IN WITNESS WHEREOF,I have set my hand and seal on this 29"'day of May,2012. SIGNED,SEALED,ANF DELIVERED IN THE PRESENCE OF• c' ''..-:/b--- . 101".CH be - . .. ALPHEUS FORBES • 'i' •.1„. 14/./..._e, r.-- i . ,16 DY E! ERRING' ON f v L STATE OF FLORIDA COUNTY OF ST.LUCIE .j The foregoing instrument was acknowledged before me on this 29"day of May,2012, by ALPHEUS FORBES, who identified this instrument as her Durable Power of Attorney and signed the instrument willingly. ALPHEUS FORBES is either 0 personally knowin to me or ®has produced FLORIDA DRIVER LICENSE as identification. oto":P"� JUDY E.HERRINGTON cT Alt� -�C i j�1 ''' "'' EXP R P to. P9lic-State ot7orida -J �l4..OFFI.���e Bended lido Budget Notary Services I �9 ry , J U , „. . • INSTRUCTIONS FOR SIGNING BY AUTHORITY OF A POWER OF ATTORNEY 1. When using a power of attorney you sign the name of ALPHEUS FORBES by handwriting as follows (this is a legally preferred method): Alpheus Forbes, by Lisa Andrews Forbes his attorney in fact. 2. Alternately, you may sign as follows so long as the person with whom you are dealing will accept this style: Alpheus Forbes, by • Lisa Andrews Forbes, POA 3. As another alternative, you may sign as follows so long as the person with whom you are dealing will accept this style: Alpheus Forbes, by Lisa Andrews Forbes, by Power of Attorney 4. As an absolute minimum, you may sign as follows so long as the person with whom you are dealing will accept this style: Alpheus Forbes by Lisa Andrews Forbes 5. COPY OF POWER OF ATTORNEY: When dealing on behalf of another under the authority of the power of attorney, always have the power of attorney available for review by the person or company with whom you are dealing. They may also wish to make a copy. Always retain the original.