Power of Attorney

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DURABLE POWER OF ATTORNEY FOR FINANCIAL MANAGEMENT

WARNING TO PERSON EXECUTING THIS DOCUMENT – THE POWERS YOU GRANT BELOW CONTINUE TO BE EFFECTIVE SHOULD YOU BECOME DISABLED OR INCOMPETENT

CAUTION: This is an important legal document and upon proper execution will create a Durable Power of Attorney. This gives the person whom you designate as your Agent broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you.

These powers will continue to exist even if you become disabled or incompetent. You do have the right to terminate or revoke the Power of Attorney and any or all powers granted within at any time up to the point of your incapacity.

This document does not authorize anyone to make medical or other health care decisions. You may execute a health care proxy (also known as a health care or medical power of attorney) to do this.

If there is anything about this document that you do not understand, you should ask a lawyer to explain it to you.

THIS DURABLE POWER OF ATTORNEY for financial management is given by me, Chana Pinto (the "Principal"), presently of ____________________, _______________, in ______________________, on this ________ day of ________________, ________.

  1. Nature of Power
  2. This durable Power of Attorney is not terminated by subsequent incapacity of the Principal except as provided in chapter 709, Florida Statutes.
  3. Previous Power of Attorney
  4. I REVOKE any previous durable power of attorney granted by me.
  5. Agent
  6. I APPOINT Joshua Pinto, of ____________________, ____________________, ___________, to act as my Agent.
  7. Governing Law
  8. This document will be governed by the laws of the State of Florida. Further, my Agent is directed to act in accordance with the laws of the State of Florida at any time he or she may be acting on my behalf.
  9. Liability of Agent
  10. My Agent will not be liable to me, my estate, my heirs, successors or assigns for any action taken or not taken under this document, except for willful misconduct or gross negligence.
  11. Effective Date
  12. This Power of Attorney will start immediately and will continue notwithstanding a finding of my mental incapacity or mental infirmity which may occur after my execution of this Power of Attorney.
  13. Powers of Agent
  14. My Agent has authority to do anything on my behalf that I may lawfully do by an agent (the "General Power").
  15. Specific Powers
  16. Without restricting its generality in any way, the following power(s) are specifically included within the foregoing General Power:

    Initials

    1. X____Real Estate Transactions
    2. To deal with any interest I may have in real property, including homestead property, and sign all documents on my behalf concerning my interest, including, but not limited to, real property I may subsequently acquire or receive. These powers include, but are not limited to, the ability to:
      1. Purchase, sell, exchange, accept as gift, place as security on loans, convey with or without covenants, rent, collect rent, sue for and receive rents, eject and remove tenants or other persons, to pay or contest taxes or assessments, control any legal claim in favor of or against me, partition or consent to partitioning, mortgage, charge, lease, surrender, manage or otherwise deal with real estate and any interest therein. However, if I am married, my Agent may not mortgage or convey homestead property without joinder of my spouse; and
      2. Execute and deliver deeds, transfers, mortgages, charges, leases, assignments, surrenders, releases and other instruments required for any such purpose.
    3. X____Maintain Property and Make Investments
    4. To retain any assets owned by me at the date this Durable Power of Attorney becomes effective, and the power to reinvest those assets in similar investments. In addition, my Agent may invest my assets in any new investments, of his or her choosing, regardless of whether or not they are authorized by any applicable legislation.
    5. X____Banking Transactions
    6. To do any act that I can do through an Agent with a bank or other financial institution. This power includes, but is not limited to, the power to:
      1. Open, maintain or close bank accounts (including, but not limited to, checking accounts, savings accounts, and certificates of deposit), brokerage accounts, retirement plan accounts, and other similar accounts with financial institutions;
      2. Conduct any business 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 instruments with respect to any such accounts, obtaining bank statements, passbooks, drafts, money orders, warrants, and certificates or vouchers payable to me by any person, firm, corporation or political entity;
      3. Borrow money from any banking or financial institution if deemed necessary by my Agent, and to manage all aspects of the loan process, including the placement of security and the negotiation of terms;
      4. Perform 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;
      5. Have access to any safe deposit box that I might own, including its contents; and
      6. Create and deliver any financial statements necessary to or from any bank or financial institution.
    7. X____Business Operating Transactions
    8. To take any action my Agent deems necessary with any business that I may own or have an interest in by doing any act which can be done through an Agent. This power includes, but is not limited to, the power to execute, seal and deliver any instrument; participate in any legal business of any kind; execute partnership agreements and amendments; to incorporate, reorganize, consolidate, merge, sell, or dissolve any business; to elect or employ officers, directors and agents; and to exercise voting rights with respect to any stock I may own, either in person or by proxy.
    9. X____Insurance Transactions
    10. To do any act that I can do through an Agent with any insurance policy. This power includes, but is not limited to, the power to pay premiums, start, modify or terminate policies, manage all cash payouts, borrow from insurers and third parties using insurance policies as collateral, and to change the beneficiaries on any insurance policies on my life. Unless my Agent was already a beneficiary of any policy before the signing of this document, my Agent cannot name himself or herself as a beneficiary of such policy.
    11. X____Claims and Litigation Matters
    12. To institute, maintain, defend, compromise, arbitrate or otherwise dispose of, any and all actions, suits, attachments or other legal proceedings for or against me. This power includes, but is not limited to, the power to: appear on my behalf, and the power to settle any claim against me in whichever forum or manner my Agent deems prudent, and to receive or pay any resulting settlement.
    13. X____Tax Matters
    14. To act for me in all matters that affect my local, state and federal taxes and to prepare, sign, and file documents with any governmental body or agency, including, but not limited to, authority to:
      1. Prepare, sign and file income and other tax returns with federal, state, local and other governmental bodies, and to receive any refund checks; and
      2. Obtain information or documents from any government or its agencies, and represent me in all tax matters, including the authority to negotiate, compromise, or settle any matter with such government or agency.
    15. X____Government Benefits
    16. To act on my behalf in all matters that affect my right to allowances, compensation and reimbursements properly payable to me by the Government of the United States or any agency or department thereof. This power includes, but is not limited to, the power to prepare, file, claim, defend or settle any claim on my behalf and to receive and manage, as my Agent sees fit, any proceeds of any claim.
    17. X____Retirement Benefit Transactions
    18. To act for me and represent my interests in all matters affecting any retirement savings or pension plans I may have. This power includes, but is not limited to, the power to continue contributions, change contribution amounts, change investment strategies and options, move assets to other plans, receive and manage payouts, and add or change existing beneficiaries. My Agent cannot add himself or herself as a beneficiary unless he or she is already a designated beneficiary as of the signing of this document.
    19. X____Family Care
    20. To make whatever expenditures are required for the maintenance, education, benefit, medical care and general advancement of me, my spouse and dependent children, and other persons that I have chosen or which I am legally required to support, any of which may include my Agent. This power includes, but is not limited to, the power to pay for housing, clothing, food, travel and other living costs.
    21. X____Chattel and Goods Transactions
    22. To purchase, sell or otherwise deal with any type of personal property I may currently or in the future have an interest in. This includes, but is not limited to, the power to purchase, sell, exchange, accept as gift, place as security on loans, rent, lease, to pay or contest taxes or assessments, mortgage or pledge.
    23. X____Estate Transactions
    24. To do any act that I can do through an Agent with regard to all matters that affect any trust, probate estate, conservatorship, or other fund from which I may receive payment as a beneficiary. This power includes the power to disclaim any interest which might otherwise be transferred or distributed to me from any other person, estate, trust, or other entity, as may be appropriate. However, my Agent cannot 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.
    25. X____Living Trust Transactions
    26. To transfer any of my assets to the trustee of any revocable trust created by me, if such trust is in existence at the time of such transfer. This property can include real property, stocks, bonds, accounts, insurance policies or other property.
    27. X____Gift Transactions
    28. To make gifts to my spouse, children, grandchildren, great grandchildren, and other family members on special occasions, including birthdays and seasonal holidays, including cash gifts, and to such other persons with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.
    29. X____Charity Transactions
    30. To continue to make gifts to charitable organizations with whom I have an established pattern of giving (or if it is appropriate to make such gifts for estate planning and/or tax purposes), in such amounts as my Agent may decide in his or her absolute discretion, having regard to all of the circumstances, including the gifts I made while I was capable of managing my own estate, the size of my estate and my income requirements.
    31. X____Employ Required Professionals
    32. To appoint and employ any agents, servants, companions, or other persons, including nurses and other health care professionals for my care and the care of my spouse and dependent children, and accountants, attorneys, clerks, workers and others for the management, preservation and protection of my property and estate, at such compensation and for such length of time as my Agent considers advisable.
  17. Agent Compensation
  18. My Agent will receive no compensation except for the reimbursement of all out of pocket expenses associated with the carrying out of my wishes.
  19. Co-owning of Assets and Mixing of Funds
  20. My Agent may continue to co-own assets and have any funds owned by him or her mixed with my funds to the same extent that the co-owning of assets and mixing of funds existed before operation of this Power of Attorney.
  21. Personal Gain from Managing My Affairs
  22. My Agent is not allowed to personally gain from any transaction he or she may complete on my behalf.
  23. Delegation of Authority
  24. My Agent may not delegate any authority granted under this document.
  25. Agent Restrictions
  26. This Power of Attorney is not subject to any conditions or restrictions other than those noted above.
  27. Notice to Third Parties
  28. Any third party who receives a valid copy of this Power of Attorney can rely on and act under it. A third party who relies on the reasonable representations of my Agent as to a matter relating to a power granted by this Power of Attorney will not incur any liability to the Principal or to the Principal’s heirs, assigns, or estate as a result of permitting the Agent to exercise the authority granted by this Power of Attorney up to the point of revocation of this Power of Attorney. Revocation of this Power of Attorney will not be effective as to a third party until the third party receives notice and has actual knowledge of the revocation.
  29. Severability
  30. If any part of any provision of this document is ruled invalid or unenforceable under applicable law, such part will be ineffective to the extent of such invalidity only, without in any way affecting the remaining parts of such provisions or the remaining provisions of this document.
  31. Acknowledgment
  32. I, Chana Pinto, being the Principal named in this Durable Power of Attorney hereby acknowledge:
    1. I have read and understand the nature and effect of this Durable Power of Attorney;
    2. I recognize that this document gives my Agent broad powers over my assets, and that these powers will continue past the point of my incapacity;
    3. I am of legal age to grant a Durable Power of Attorney; and
    4. I am voluntarily giving this Durable Power of Attorney and recognize that the powers given in this document will become effective as of the date of my incapacity or as specified within.

IN WITNESS WHEREOF I hereunto set my hand and seal at the City of ____________________ in the State of _____________, this ________ day of ________________, ________.


SIGNED, SEALED, AND DELIVERED

     

in the presence of:

     
       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

   

__________________________________

___________________________________

   

Chana Pinto (Principal)

       

Witness: ______________________ (Sign)

     

Witness Name: ______________________

     

Address: ___________________________

     

___________________________________

   

NOTARY ACKNOWLEDGMENT


STATE OF __________
. The foregoing instrument was acknowledged before me, by means of ___ physical presence or ___ online notarization, this ________ day of ________________, ________, by Chana Pinto, who is personally known to me or who has produced ____________________ as identification.



________________________________
Notary Public

________________________________
(print name)


ACCEPTANCE OF APPOINTMENT

STATE OF: ____________________
CITY OF: ________________

Before me, the undersigned authority, personally appeared Joshua Pinto ("Affiant"), who swore or affirmed that:
  1. Affiant is the Agent named in the Durable Power of Attorney executed by Chana Pinto ("Principal") on this ________ day of ________________, ________.
  2. This Durable Power of Attorney is currently exercisable by Affiant. The Principal is domiciled in _______________, ___________.
  3. To the best of the Affiant’s knowledge after diligent search and inquiry:
    1. The Principal is not deceased; and
    2. There has been no revocation, partial or complete termination by the occurrence of an event referenced in the durable power of attorney, or suspension by initiation of proceedings to determine incapacity or to appoint a guardian.
  4. Affiant agrees not to exercise any powers granted by the Durable Power of Attorney if Affiant attains knowledge that it has been revoked, partially or completely terminated, suspended, or is no longer valid because of the death of the Principal.

Dated: ______________________
Name of Affiant: Joshua Pinto

Signature of Affiant: ______________________________

Address: _______________________________________________

Sworn to (or affirmed) and subscribed before me this _____ day of _____________, _______, by Joshua Pinto. (Affiant)

_______________________________
(Signature of Notary)

_______________________________
Print, Type, or Stamp Commissioned Name of Notary Public

Personally Known OR Produced Identification ___________________________ (Type of Identification)

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