How to write your Durable Power of Attorney Agreement
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Writing the Durable Power of Attorney Agreement document
I, First Last, the undersigned, residing at Address do hereby appoint Designated Agent Name ("Designated Agent") of Designated Agent’s Full Address as my attorney in fact to handle all of my obligations and duties that I handle on a daily basis. Designated Agent Name is hereby granted the power of delegation and substitution in regard to the administration of my obligations and duties. This Durable Power of Attorney shall become effective on the date below and shall remain in effect until my death.
This Durable Power of Attorney may be rescinded by either party by providing written notice to both the undersigned and the Designated Agent. I hereby revoke, as of the date on this agreement, all previous powers of attorney in existence, except for any Health Care Directive(s), which shall remain in full force. Once executed by all listed parties and notarized, this document shall be interpreted as my durable power of attorney and my authorization for my Designated Agent to have the full power and authority to act on my behalf as it relates to all of my property and affairs. In addition to the above powers and duties, I also wish my Designated Agent to make provisions for the following property and affairs.
Insert additional actions to be taken on behalf of the undersigned. I do hereby indemnify and hold harmless the person acting as my Designated Agent from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against Designated Agent directly or indirectly arising from or in connection with the execution of this Durable Power of Attorney as well as any error or omission made in good faith by my Designated Agent while carrying out such duties. Designated Agent shall not be held responsible for delay or failure in performance hereunder caused by acts of third parties, nature, strikes, embargoes, fires, war or other causes beyond Designated Agent’s reasonable control. If any provision of this agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby.
This agreement and any disputes arising hereunder shall be governed by the laws of State, without regard to conflicts of law principles. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this agreement shall not operate as a waiver of any such right or power. Designated Agent shall be compensated for his/her services at a rate or as determined by law, and shall be reimbursed for all expenses deemed ordinary and necessary that are incurred during the execution of any duties as my Designated Agent.
Each party represents and warrants that, on the date first written above, they are authorized to enter into this Agreement in entirety and duly bind their respective principals by their signature below:
This document was acknowledged before me on this Current Day day of Current Month, Current Year by Insert Designated Agent Name (Notary's full legal name).
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Frequently Asked Questions
How do I customize this contract to fit my business needs?
Customizing this contract involves editing the document to include your business details, terms, and conditions. The templates are designed to be flexible, allowing you to insert your company's name, address, and other relevant information. You can modify clauses to reflect your unique business practices and legal requirements.
Is this contract compliant with laws and regulations?
The legal contract templates are written by legal professionals and designed to comply with current laws and regulations at the time of their writing. However, laws can vary by jurisdiction and change over time, so it's recommended to have your contract reviewed by a local attorney to ensure it meets all legal requirements specific to your region and industry. Templates are licensed as self-help information and not as legal advice.
Can I use the same contract for different clients or projects?
You can use the same contract for different clients or projects. The templates are versatile and easily adapted for various scenarios. You will need to update specific details such as client names, project descriptions, and any unique terms for each new agreement to ensure that each contract accurately reflects the particulars of the individual client or project.
What should I do if I encounter a clause or term I don't understand?
If you encounter a clause or term in the contract that you need help understanding, you can refer to guidance notes explaining each section's purpose and use. For more complex or unclear terms, it's advisable to consult with a legal professional who can explain the clause and help you determine if any modifications are necessary to suit your specific needs.
How do I ensure that the contract is legally binding and enforceable?
To ensure that the contract is legally binding and enforceable, follow these steps:
- Complete all relevant sections: Make sure all blanks are filled in with accurate information.
- Include all necessary terms and conditions: Ensure that all essential elements, such as payment terms, deliverables, timelines, and responsibilities, are clearly defined.
- Signatures: Both parties must sign the contract, and it is often recommended that the contract be witnessed or notarized, depending on the legal requirements in your jurisdiction.
- Consult a legal professional: Before finalizing the contract, have it reviewed by an attorney to ensure it complies with applicable laws and protects your interests.
By Ian Lauder
Disclaimers
Proposal Kit, Inc. makes no warranty and accepts no responsibility for the suitability of any materials to the licensee's business. Proposal Kit, Inc. assumes no responsibility or liability for errors or inaccuracies. Licensee accepts all responsibility for the results obtained. The information included is not legal advice. Names in use cases have been fictionalized. Your use of the contract template and any purchased packages constitutes acceptance and understanding of these disclaimers and terms and conditions.