About this Form: This power of attorney document enables a married couple to designate a third party agent to act on the couple's behalf. This form is non-durable, meaning that the authority vested in the agent will terminate if either the husband or wife becomes disabled or incompetent. This power of attorney is limited in that it restricts the agent's authority only to those powers specified in the document, which are property and finance related.

If the husband seeks to appoint his wife as his agent, and vice versa, then the couple should not use this form. The couple should choose the state-specific power of attorney form for the state in which they reside, and the husband and wife each should execute separate forms designating the other as agent.


Power of Attorney by Husband and Wife

(Designating a Third Party to Act on the Couple's Behalf)

We, ____________________ and ____________________, husband and wife, who reside at __________________________ [street address], in the city of ______________, county of ______________, state of ______________, do constitute and appoint ____________________, who resides at __________________________ [street address], in the city of ______________, county of ______________, state of ______________, our true and lawful attorney in fact, for us in our name, place, and stead to do all or any of the following:

1. To exercise, do, or perform any act, right, power, duty, or obligation whatsoever that we now have or may acquire the legal right, power, or capacity to exercise, do, or perform in connection with, arising out of, or relating to any person, item, thing, transaction, business property, real or personal, tangible or intangible, or matter whatsoever.

2. To ask, demand, sue for, recover, collect, receive, and hold and possess all such sums of money, debts, dues, bonds, notes, checks, drafts, accounts, deposits, legacies, bequests, devises, interests, dividends, stock certificates, certificates of deposit, annuities, pension and retirement benefits, insurance benefits and proceeds, documents of title, choses in action, personal and real property, intangible and tangible property and property rights, and demands whatsoever, liquidated or unliquidated, as are now, or shall hereafter become due, owing, payable, owned, or belonging to or by us or in which we have or may acquire an interest, and to have, use, and take all lawful ways and means and legal and equitable remedies, procedures, and writs in our names for the collection and recovery of them, and to compromise, settle, and agree for the same, and to make, execute, and deliver for us and in our names all indorsements, acquittances, releases, receipts, or other sufficient discharges for the same.

3. To bargain, contract, and agree for; to purchase, receive, and take possession of; and to lease, let, demise, transfer, sell, exchange, assign, convey, encumber, and hypothecate lands, tenements, and hereditaments of whatever kind and nature, or any interest in them, on such terms and conditions, and under such covenants, as he or she shall deem fit.

4. To enter upon and take possession of such lands, buildings, tenements, and other structures, or parts of them, and collect and receive the rents, profits, or income from them, and to manage, repair, alter, or reconstruct all such buildings or structures.

5. To bargain and agree for; to buy, sell, exchange, mortgage, and hypothecate; and to deal in or with, goods, wares, merchandise, choses in action, and any other property in possession or in action, or any interest in them.

6. To execute, sign, indorse, acknowledge, and deliver deeds, leases, assignments, transfers, covenants, agreements, hypothecations, mortgages, deeds of trust, reconveyances, releases and satisfactions of mortgages, judgments, and other debts, escrow instructions, notices, receipts, commercial paper, investment securities, bills of lading, warehouse receipts and other documents of title, security agreements and evidences of debt, and such other instruments in writing of whatever kind and nature as he or she may deem necessary and proper.

7. To insure or cause insurance to be taken on buildings, structures, goods, merchandise, and other commodities, or any part of them, at premiums and for any risk as he or she may deem proper.

The undersigned give and grant to the attorney in fact named full power and authority to do and perform every act and thing required or proper to be done in the exercise of any of the rights and powers granted, as fully to all intents and purposes as we might or could do if personally present, with full power of substitution or revocation and with full authority to deal with any property authorized whether held by us or either of us separately, severally, or jointly, ratifying and confirming all that our attorney in fact, or his [or her] substitute or substitutes, shall lawfully do or cause to be done by virtue of the authority granted here.

This instrument is to be construed and interpreted as a general power of attorney. The enumeration of specific items, acts, rights, or powers here does not limit or restrict, and is not to be construed or interpreted as limiting or restricting, the general powers granted here.

The rights, powers, and authority of the attorney in fact to exercise any and all of the rights and powers granted shall commence and be in full force and effect on ___________________ [Date], and such rights, powers, and authority shall remain in full force and effect thereafter until ___________________________________ [specify length of time, date of termination, contingency on which powers terminate, or method of termination such as by written notice].

In witness, we have duly executed this instrument on ____________________ [Date].



________________________________           _____________________
Signature of Wife                                                 Date



________________________________           _____________________
Signature of Husband                                           Date


STATEMENT OF WITNESSES

On the date written above, I declare under penalty of perjury under the laws of ______________ [specify name of state] that the individuals who signed or acknowledged this document are personally known to me (or proved to me on the basis of convincing evidence) to be the principals, that the principals signed or acknowledged this power of attorney in my presence, that the principals appear of sound mind and under no duress, fraud, or undue influence, and that I am not the person appointed as attorney-in-fact by this document. I am not related to either principal by blood, marriage or adoption, and to the best of my knowledge, am not entitled to any part of the estate of either principal upon the death of either one under a will now existing or by operation of law.


________________________________           _____________________
Signature of Witness #1                                         Date

________________________________
Printed Name of Witness #1


________________________________           _____________________
Signature of Witness #2                                         Date

________________________________
Printed Name of Witness #2


CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.


State of _________________
County of ___________________

On __________________ before me, ___________________________________ (here insert name and title of the officer), personally appeared ___________________________________, ___________________________________, ___________________________________, ___________________________________, who 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 to 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(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of ________________ [name of state] that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

 

_______________________________         (Seal)
Signature

 

ACKNOWLEDGMENT OF AGENT

BY ACCEPTING OR ACTING UNDER THE APPOINTMENT, THE AGENT ASSUMES THE FIDUCIARY AND OTHER LEGAL RESPONSIBILITIES OF AN AGENT.

__________________________________
[Typed or Printed Name of Agent]


__________________________________
[Signature of Agent]



PREPARATION STATEMENT

This document was prepared by the following individual:

__________________________________
[Typed or Printed Name]

__________________________________
[Signature]

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