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Durable Power of Attorney

Your Durable Power of Attorney for Property Management

Your Power of Attorney allows your named Agent to make financial decisions about matters that the Trust does not control in the event you become incapacitated. Examples of such matters include retirement plans, Social Security benefits, Medicare/MediCal, dealings with the IRS (such as signing of your tax returns), your accounts which are not titled in your Trust, performance on your individual contracts, and any other matter not controlled by the Trust.

You may designate that this document becomes effective Immediately as to your chosen Agent, or you may designate that this document becomes effective only upon your Incapacity.

A person is considered “incapacitated” if that person is under a legal disability, or by reason of illness or mental or physical disability on account of which he or she is unable to give prompt and intelligent consideration to financial and administrative matters, or make sound decisions about financial affairs. A determination of Incapacity is generally made by either (1) two licensed physicians who certify in writing that such person is under a legal disability, or (2) by an order of a court appointing a conservator for that person.

Although your Financial Power of Attorney “endures” your incapacity, this document dies with you: it is no longer effective after your death.

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