Power of Attorney Form for Notary

STATUTORY DURABLE POWER OF ATTORNEY & AGENCY AGREEMENT

DOCUMENT ID: POA-CORP-2024-09-V1
EFFECTIVE DATE: [Effective Date]
VERSION: 1.0
GOVERNING JURISDICTION: [State/Province], [Country]

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STATUTORY & LEGAL COMPLIANCE NOTICE

CAUTION TO THE PRINCIPAL: THE POWERS GRANTED BY THIS DOCUMENT ARE BROAD AND SWEEPING. THEY ARE DEFINED IN THE STATUTORY ACTS OF THE GOVERNING JURISDICTION. THIS DOCUMENT DOES NOT AUTHORIZE THE AGENT TO MAKE MEDICAL OR OTHER HEALTH-CARE DECISIONS FOR YOU. YOU MAY REVOKE THIS POWER OF ATTORNEY IF YOU LATER WISH TO DO SO. IF THERE IS ANYTHING ABOUT THIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER TO EXPLAIN IT TO YOU. THIS DOCUMENT IS INTENDED TO BE LEGALLY BINDING UPON EXECUTION AND NOTARIZATION.

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1. PARTIES & RECITALS

THIS POWER OF ATTORNEY is executed on this [Day] of [Month], [Year], by:

THE PRINCIPAL: [Principal Full Legal Name / Company Name], a [Legal Entity Type, e.g., Individual or Corporation] residing at or having its principal place of business at [Principal Address] (hereinafter referred to as the "Principal").

THE AGENT: [Agent Full Legal Name], a [Legal Entity Type] residing at or having its principal place of business at [Agent Address] (hereinafter referred to as the "Agent").

WHEREAS, the Principal desires to appoint the Agent as its attorney-in-fact to act in the Principal's name, place, and stead for the purposes defined herein; and

WHEREAS, the Agent agrees to accept such appointment and to act in a fiduciary capacity consistent with the best interests of the Principal.

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2. EXHAUSTIVE OPERATIVE CLAUSES & LEGAL TERMS

2.1 SCOPE OF SERVICES & GRANT OF AUTHORITY

The Principal hereby grants to the Agent full power and authority to exercise or perform any act, duty, or right that the Principal now has or may hereafter acquire, including but not limited to: (a) Real Property: To buy, sell, lease, mortgage, or otherwise manage real estate. (b) Financial Transactions: To operate bank accounts, execute checks, and manage investment portfolios. (c) Business Operations: To exercise all rights and perform all duties regarding any business interest owned by the Principal, including voting shares of stock and entering into commercial contracts. (d) Legal Claims: To institute, prosecute, defend, or settle any legal proceedings on behalf of the Principal.

2.2 COMPENSATION & PAYMENT TERMS

The Agent shall be entitled to reasonable compensation for services rendered under this Power of Attorney. (a) Hourly Rate/Flat Fee: The Principal shall pay the Agent at a rate of [Amount in USD] per [Hour/Month/Milestone]. (b) Invoicing: The Agent shall submit monthly itemized invoices to the Principal. (c) Late Interest: Any payments not made within thirty (30) days of receipt shall accrue interest at a rate of 1.5% per month or the maximum rate permitted by law. (d) Reimbursement: The Principal shall reimburse the Agent for all reasonable out-of-pocket expenses incurred in the performance of duties hereunder.

2.3 TERM & TERMINATION

(a) Effective Date: This Power of Attorney shall become effective on [Effective Date]. (b) Durability: This is a DURABLE Power of Attorney and shall not be affected by the subsequent disability or incapacity of the Principal. (c) Termination for Convenience: The Principal may revoke this Power of Attorney at any time by providing written notice to the Agent. (d) Termination for Breach: Either party may terminate this agreement immediately upon a material breach by the other party, subject to a ten (10) day cure period if the breach is capable of being cured.

2.4 INTELLECTUAL PROPERTY OWNERSHIP & WORK MADE FOR HIRE

The Agent agrees that any and all works of authorship, inventions, improvements, or other intellectual property created by the Agent in the course of performing duties for the Principal shall be considered "work made for hire" as defined by the Copyright Act. All right, title, and interest in such property shall vest exclusively in the Principal. To the extent any such work does not qualify as "work made for hire," the Agent hereby irrevocably assigns all rights, title, and interest therein to the Principal.

2.5 MUTUAL CONFIDENTIALITY & NON-DISCLOSURE

The Agent shall maintain the strict confidentiality of all non-public information concerning the Principal’s business, finances, or personal affairs (the "Confidential Information"). The Agent shall not disclose Confidential Information to any third party without the express written consent of the Principal, except as required by law or to fulfill the Agent's duties hereunder.

2.6 REPRESENTATIONS & WARRANTIES

(a) By Principal: The Principal represents that they have the legal capacity and authority to execute this document and grant the powers herein. (b) By Agent: The Agent represents that they are not disqualified by law from serving as an attorney-in-fact and shall perform all duties with the highest degree of care and loyalty.

2.7 LIMITATION OF LIABILITY & INDEMNIFICATION

(a) Limitation: The Agent shall not be liable to the Principal for any error in judgment or for any loss arising out of the Agent’s actions, except in cases of willful misconduct or gross negligence. (b) Indemnification: The Principal agrees to indemnify and hold the Agent harmless from any and all claims, liabilities, or expenses (including reasonable attorney fees) incurred by the Agent in the good faith performance of their duties under this agreement.

2.8 DISPUTE RESOLUTION & ARBITRATION

Any controversy or claim arising out of or relating to this Power of Attorney shall be settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be [City, State]. The prevailing party shall be entitled to recover its reasonable attorney fees and costs.

2.9 GOVERNING LAW & JURISDICTION

This document shall be governed by and construed in accordance with the laws of the State of [State/Province], without regard to its conflict of law principles.

2.10 MISCELLANEOUS

(a) Severability: If any provision of this document is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. (b) Counterparts: This document may be executed in counterparts, each of which shall be deemed an original. (c) Entire Agreement: This document constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior agreements.

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3. EXECUTION & FORMAL SIGNATURE BLOCKS

IN WITNESS WHEREOF, the parties have executed this Durable Power of Attorney as of the date first written above.

FOR THE PRINCIPAL: Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role] Company: [Company Legal Name] Date: [Date]

FOR THE AGENT (ACCEPTANCE): Signature: _____________________________________ Printed Name: [Authorized Signatory Name] Title: [Title / Role] Date: [Date]

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4. NOTARY ACKNOWLEDGMENT

STATE OF ____________________ COUNTY OF __________________

On this _____ day of ___________, 20, before me, the undersigned Notary Public, personally appeared [Principal Full Legal Name], known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that they executed the same for the purposes therein contained.

WITNESS my hand and official seal.

_____________________________________ (Seal) NOTARY PUBLIC My Commission Expires: ________________

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5. STEP-BY-STEP EXECUTION & FILING GUIDE

1. Preparation of Document:
   • Open this document in Microsoft Word or Google Docs.
   • Use the Find and Replace function (Ctrl+H) to locate all bracketed fields (e.g., [Principal Full Legal Name]) and input the specific factual data.
2. Verify Signatory Authority:
   • If the Principal is a corporation, ensure the signatory has a board resolution or corporate bylaws authorizing the grant of Power of Attorney.
3. Physical or Digital Execution:
   • Physical: Print two copies. Both parties must sign in the presence of a Notary Public.
   • Digital: If using DocuSign or Adobe Sign, ensure the "Notary with Remote Online Notarization (RON)" feature is enabled to comply with state laws regarding electronic notarization of POAs.
4. Notarization:
   • The Principal must sign in the presence of the Notary. In many jurisdictions, the Agent's signature of acceptance must also be notarized to be recorded.
5. Recording & Filing:
   • If this POA grants authority over Real Estate, the original document must be filed with the County Recorder’s Office or Land Registry where the property is located.
6. Record Retention:
   • The Principal should retain the original. The Agent should retain a certified copy. Institutional third parties (banks, title companies) will typically require a "Certified True Copy" or a viewing of the original.