HomeMy WebLinkAboutPower of AttorneyGENERAL DURABLE POWER OF ATTORNEY
KNOW ALL PERSONS BY THESE PRESENTS, that I, DELMAR1E
MOORE, the principal, of Golden, Colorado, hereby revoke all former general powers
of attorney executed by me as principal and hereby designate my husband, DON T.
MOORE, of Golden, Colorado, my attorney in fact and agent (subsequently called "my
agent") in my name and for my benefit:
1. GENERAL GRANT OF POWER
To exercise or perform any act, power, duty, right, or obligation
whatsoever that I now have or may hereafter acquire, relating to any person, matter,
transaction, or property, real or personal, tangible or intangible, now owned or hereafter
acquired by me, including, without limitation, the specifically enumerated powers
hereinafter set forth; and I grant to my agent full power and authority to do everything
necessary in exercising any of the powers herein granted as fully as I might do if
personally present, with full power of substitution or revocation, hereby ratifying and
confirming all that my agent shall lawfully do or cause to be done by virtue of this
power of attorney and the powers herein granted:
1.1 POWERS OF COLLECTION
To forgive, demand, sue for, recover, collect, receive, and hold all sums of
money, debts, commercial paper, checks, drafts, accounts, deposits, legacies, bequests,
devises, notes, stock certificates, bonds, dividends, certificates of deposit, annuities,
pension, profit sharing, retirement, social security, insurance, and other contractual
benefits and proceeds, and all property and property rights, real or personal, intangible
and tangible, now or hereafter owned by me or due and payable to me or in which 1
have an interest; to take all lawful means and equitable and legal remedies and
proceedings in my name; and to execute and deliver for me, on my behalf, and in my
name, all endorsements, releases, receipts, or other sufficient discharges for the same;
1.2 POWER TO ACQUIRE AND SELL
To acquire, purchase, exchange, grant options to sell, and sell and convey
real or personal property, tangible or intangible, or interests therein, on such terms and
conditions as my agent shall deem proper;
1.3 MANAGEMENT POWERS
To maintain, repair, improve, invest in, manage, insure, rent, lease,
encumber, and in any manner deal with any real or personal property, tangible or
intangible, or any interest therein, in my name and for my benefit, upon such terms and
conditions as my agent shall deem proper;
1.4 BANKING POWERS
To make, receive, and endorse checks and drafts, deposit and withdraw
funds, and acquire and redeem certificates of deposit, in banks, savings and loan
associations, and other institutions; and to take out loans and execute or release such
deeds of trust or other security agreements as may be necessary and proper in the
exercise of the rights and powers herein granted;
1.5 SAFE DEPOSIT BOXES
To have access at any time or times to any safe deposit box rented by me,
wheresoever located, and to remove all or any part of the contents thereof, and to
surrender or relinquish said safe deposit box; and any institution in which any such safe
deposit box may be located shall not incur any liability to me or my estate as a result of
permitting my agent to exercise this power;
1.6 MOTOR VEHICLES
To apply for a certificate of title upon, and endorse and transfer title
thereto, for any automobile, truck, pickup, van, motorcycle, or other motor vehicle; and
to represent in such transfer assignment that the title to said motor vehicle is free and
clear of all liens and encumbrances except those specifically set forth in such transfer
assignment;
1.7 BUSINESS INTERESTS
To conduct or participate in any lawful business of whatever nature for me
and in my name; execute partnership agreements, operating agreements and
amendments to either; incorporate, reorganize, merge, consolidate, recapitalize, sell,
liquidate, or dissolve any business; elect or employ officers, directors, managers and
agents; carry out the provisions of any agreement for the sale of any business interest or
the stock therein; and exercise voting rights with respect to stock, either in person or by
proxy, and exercise stock options;
1.8 TAX POWERS
To prepare, sign, and file joint or separate income tax returns or
declarations of estimated tax for any year or years; to prepare, sign, and file gift tax
returns with respect to gifts made by me for any year or years; to consent to any gift
and to utilize any gift -splitting provision or other tax election; and to prepare, sign, and
file any claims for refund of any tax;
1.9 POWER TO DISCLAIM
To renounce and disclaim within the time permitted by law and in
accordance with the provisions of Section 2518 of the Internal Revenue Code of 1986,
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as amended (or in any corresponding provision of any subsequent federal tax laws), any
gift, legacy, bequest or devise, or any interest therein, passing to me or for my benefit,
outright, in trust, or otherwise (I request but do not direct that my agent exercise such
power to renounce and disclaim in such a manner as to minimize any federal estate tax
that may be charged my estate and that of my husband in order that property passing to
our issue will be reduced as little as possible by such tax.);
1.10 GIFTS
To make gifts to my husband and my issue, or any of them, in amounts to
be determined by my agent, in my agent's sole discretion, after taking into
consideration my needs and my resources at the time any such gift is contemplated;
provided, however, that the aggregate of any such gifts to any individual in any
calendar year shall not exceed that amount which on the date of the gift is the annual
exclusion per person set forth in Section 2503(b) of the Internal Revenue Code of 1986,
as amended (or in any corresponding provision of any subsequent federal tax laws); and
1.11 REVOCABLE LIVING TRUST
To transfer all or any of my assets to the Trustee or Trustees of the
DELMARIE MOORE REVOCABLE TRUST, executed on June 20, 2002, as it may be
amended or restated from time to time.
2. NOMINATION OF GUARDIAN AND CONSERVATOR
I nominate my agent to act as my Guardian and as Conservator of my
estate if such appointments become necessary.
3. INTERPRETATION
This instrument is to be construed and interpreted as a durable power of
attorney. The enumeration of specific powers herein is not intended to, nor does it,
limit or restrict the general powers herein granted to my agent.
4. EXCLUDED POWERS
The grant of powers under this instrument shall specifically exclude any
fiduciary powers which I may possess at any time this instrument is in force and effect.
5. THIRD -PARTY RELIANCE
Third parties may rely upon the representations of my agent as to all
matters relating to any power granted to my agent, and no person who may act in
reliance upon the representations of my agent or the authority granted to my agent shall
incur any liability to me or my estate as a result of permitting my agent to exercise any
power.
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6. DISABILITY OF PRINCIPAL
This durable power of attorney shall not be affected by my disability;
provided, however, that if a guardian or conservator is appointed for me, during the
continuance of such appointment, my agent shall consult with such guardian regarding
matters concerning my personal care and account to such conservator regarding matters
concerning my financial affairs.
7. PROOF OF INCAPACITY AND PROOF OF DEATH
For the purposes of this instrument, an individual shall be treated as being
under legal or other disability, incompetent, or incapacitated if and as long as (I) a
guardian or conservator of such individual's person or estate duly appointed by a court
of competent jurisdiction continues to serve, or (2) two medical doctors (licensed to
practice under the laws of the state where the individual is domiciled) certify in writing
that such individual lacks sufficient understanding or capacity to make or communicate
responsible decisions concerning his or her property and affairs. Third parties may rely
on the presentation of a death certificate, court order, or medical doctors' written
statement as establishing death or disability of an individual without the necessity of
further inquiry. No person acting in reliance upon such documents shall incur any
liability to me or to my estate thereby.
IN WITNESS WHEREOF, I have executed this General Durable Power of
Attorney in three counterparts and have directed that photographic copies of this power
be made, which shall have the same force and effect as an original.
DATED
f
_a , 2002.
i r}
DELMARIE MOORE, Principal
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STATE OF COLORADO
) ss.
COUNTY OF DENVER
This General Durable Power of Attorney was acknowledged before me
this 20th day of June , 2002, by DELMARIE MOORE.
2950098.1.DUC
Witness my hand and official seal.
My commission expires
10/03/2005
SPECIMEN SIGNATURE OF AGENT:
DON T. MOORE
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