Durable Power of Attorney
I, Searcy L. Jr. Barnett, a resident of 6610 N. 93rd Avenue, Glendale AZ 85305, D.O.B.: Insert Date of Birth (the “Principal”), hereby confer Power of Attorney upon Shyronda Johnson, a resident of 6610 N. 93rd Avenue, Glendale AZ 85305, D.O.B.: Insert Date of Birth (the “Agent”).
Principal, an individual, hereby appoints the above-named Agent/Attorney-in-Fact to act in name and place of Principal to exercise any or all of the following powers concerning:
- Personal Finances: to withdraw and deposit funds from bank accounts belonging to Principal and to enter and remove the contents of all safe deposit boxes rented by Principal; to ask, demand, sue for, recover, collect, and receive each and every sum of money, debt, account, legacy, bequest, interest, dividend, annuity and demand which now is or hereafter shall become due, owing or payable, belonging to or claimed by Principal and to use and take any lawful means for the recovery thereof by legal process or otherwise, and to execute and deliver a satisfaction or release therefore, together with the right and power to compromise or compound any claim or demand; to borrow money and to execute and deliver notes with or without security; and to loan money and receive notes with such security as Attorney-in-Fact shall deem proper;
- Real Property, or any interest therein or any improvements thereon: to contract for, purchase, receive and take possession thereof and of evidence and title thereto; to lease the same for any term or purpose, including leases for business residence; to sell, exchange, subdivide, grant or convey the same with or without warranty, covenant or restrictions; to mortgage, transfer in trust, or otherwise encumber the same to secure payment of a note or performance of any obligation or agreement;
- Personal Property: to contract for, buy, sell, exchange, transfer, endorse and in any legal manner deal in and with the same; and to mortgage, transfer in trust, or otherwise encumber the same to secure payment of a note of performance of any obligation or agreement.
- Business Transactions of any kind, and as the act and deed of Principal to sign, execute, acknowledge and deliver any deed, lease, assignment of lease, covenant, indemnity, agreement, mortgage, deed of trust, assignment of mortgage, or beneficial interest under deed of trust, subdivision or plat, extension or renewal of any obligation, subordination or waiver of priority, bill of lading, bill of sale, bond, note, receipt, check, evidence of debt, full or partial release of mortgage judgment or other debt, and such other instruments in writing of any kind or class as may be necessary or proper in the premises.
- Military decisions of any kind.
- Health inclusive of mental health decisions of any kind.
- To do and perform every and all acts required, necessary or appropriate to be done in and about the premises as fully to all intents and purposes as Principal might or could do if personally present, hereby ratifying all that Attorney-in-Fact shall lawfully do or cause to be done by virtue of this Durable Power of Attorney.
Effective Date: the date from which this document is operational, Insert Date. This Power of Attorney will be in place until the death of Principal or revocation. The Principal may revoke this document in writing at any time before the expiration date for no reason or for cause, or if the Attorney-in -Fact exceeds or violates the scope and authority granted by this document. If the Principal becomes disabled or incapacitated, the Attorney-in-Fact may continue acting as such despite the disability, incapacity or the expiration date.
Compensation of Attorney-in-Fact: none.
I, Searcy L. Jr. Barnett, the Principal, sign my name to this Power of Attorney this Insert Date day of Insert Month and Year and, being first duly sworn, do declare to the undersigned authority that I sign and execute this instrument as my Power of Attorney and that I sign I willingly, or willingly direct another to sign for me, that I execute it as my free and voluntary act for the purposes expressed in the Power of Attorney, and that as required by A.R.S. § 14-5501, I am eighteen years of age or older, of sound mind, and under no constraint or undue influence.
I, Insert Name of Witness, the witness, sign my name to the foregoing Power of Attorney being first duly sworn, and do declare to the undersigned authority the Principal signs and executes this instrument as the Principal’s Power of Attorney and that the Principal signs it willingly, or willingly directs another to sign for the Principal, and that I, in the presence and hearing of the Principal sign this Power of Attorney as witness to the Principal’s signing, and to the best of my knowledge the Principal is eighteen years of age or older, of sound mind, and under no constraint or undue influence.
The State of Insert Name of State
County of Insert Name of County
Subscribed, sworn to and acknowledged before me by Searcy L. Jr. Barnett, the Principal, and subscribed and sworn to me by Insert Name of Witness, witness, this Insert Date day of Insert Month and Year.
Insert Name of Notary
IMPORTANT INFORMATION FOR AGENT
When you accept the authority granted under this Power of Attorney, a special legal relationship is created between you and the Principal. This relationship imposes upon you legal duties that continue until you resign or the Power of Attorney is terminated or revoked. You must:
- Do what you know the Principal reasonably expects you to do with the Principal’s property or, if you do not know the Principal’s expectations, act in the Principal’s best interest;
- Act in good faith;
- Do nothing beyond the authority granted in this Power of Attorney; and
- Disclose your identity as an agent whenever you act for the Principal by writing or printing the name of the Principal and signing your own name as “agent” in the following manner:
Searcy L. Jr. Barnett by Shyronda Johnson as Agent
Unless the Special Instructions in this Power of Attorney state otherwise, you must also:
- Act loyally for the Principal’s benefit;
- Avoid conflicts that would impair your ability to act in the Principal’s best interest;
- Act with care, competence and diligence;
- Keep a record of all receipts, disbursements, and transactions made on behalf of the Principal;
- Cooperate with any person that has authority to make health care decisions for the Principal to do what you know the Principal reasonably expects or, if you do not know the Principal’s expectations, to act in the Principal’s best interest; and attempt to preserve the Principal’s estate plan if you know the plan and preserving the plan is consistent with the Principal’s best interest.
Termination of Agent’s Authority
You must stop acting on behalf of the Principal if you learn of any event that terminates this Power of Attorney or your authority under this Power of Attorney. Events that terminate a Power of Attorney or your authority to act under a Power of Attorney include:
- Death of the Principal;
- The Principal’s revocation of the Power of Attorney or your authority;
- The occurrence of a termination event stated in the Power of Attorney;
- The purpose of the Power of Attorney is fully accomplished; or
- If you are married to the Principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this Power of Attorney state that such an action will not terminate your authority.
Liability of Agent
The meaning of the authority granted to you is defined in the Arizona Revised Statutes, Title 14, Chapter 5, Article 5. If you violate the Arizona Revised Statutes, Title 14, Chapter 5, Article 5, or act outside the authority granted, you may be liable for any damages caused by your violation.
If there is anything about this document or your duties that you do not understand, you should seek legal advice.
AGENT’S CERTIFICATION AS TO THE VALIDITY OF POWER OF ATTORNEY AND AGENT’S AUTHORITY
State of Arizona
County of Maricopa
I, Shyronda Johnson, certify under penalty of perjury that Searcy L. Jr. Barnett granted me authority as an agent or successor in a Power of Attorney dated Insert Date.
I further certify to my knowledge:
- The Principal is alive and has not revoked the Power of Attorney or my authority to act under the Power of Attorney and the Power of Attorney and my authority to act under the Power of Attorney have not terminated;
- If the Power of Attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;
- If I was named as a successor agent, the prior agent is no longer able or willing to serve.
SIGNATURE AND ACKNOWLEDGEMENT OF AGENT
Agent’s Signature: ______________________________ Date: ______________________________
6610 N. 93rd Ave, Glendale, Maricopa, AZ 85305
This Power of Attorney was acknowledged before me on Insert Date, by Shyronda Johnson.
Signature of Notary: ______________________________
My commission expires: ____________________
This document prepared by: Searcy L. Jr. Barnett
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