The URL can be used to link to this page

Home My WebLink About03-30-07 \ ;2/-07- 31L GENERAL POWER OF ATTORNEY WITH HEAL TH CARE POWERS BY NOTICE o (~~ ---,." :-to -"_:..;~-; r-~ c:.:::;, = -...I " MARY M. WENGER :::.'" ;:J:J ___I (..) D /'"~-. THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSONYWrIDESI~ATE ; - (YOUR "AGENT") BROAD POWERS TO HANDLE YOUR PROPERTY, WHICH MAY INC:t1JDE P~ERS ' TO SELL OR OTHERWISE DISPOSE OF ANY REAL OR PERSONAL PROPERTY W~!1fdUT ADgo.NCE: NOTICE TO YOU OR APPROVAL BY YOU. 0 THIS POWER OF ATTORNEY DOES NOT IMPOSE A DUTY ON YOUR AGENT TO EXERCISE GRANTED POWERS, BUT WHEN POWERS ARE EXERCISED, YOUR AGENT MUST USE DUE CARE TO ACT FOR YOUR BENEFIT AND IN ACCORDANCE WITH THIS POWER OF ATTORNEY. YOUR AGENT MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME, EVEN AFTER YOU BECOME INCAPACITATED, UNLESS YOU EXPRESSLY LIMIT THE DURATION OF THESE POWERS OR YOU REVOKE THESE POWERS OR A COURT ACTING ON YOUR BEHALF TERMINATES YOUR AGENT'S AUTHORITY. YOUR AGENT MUST KEEP YOUR FUNDS SEPARATE FROM YOUR AGENT'S FUNDS. A COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS YOUR AGENT IS NOT ACTING PROPERLY. THE POWERS AND DUTIES OF AN AGENT UNDER A POWER OF ATTORNEY ARE EXPLAINED MORE FULLY IN 20 PA C.S. CH. 56 (20 PA C.S. 95601 ET SEa.). IFTHERE ISANYTHINGABOUTTHIS FORM THAT YOU DO NOT UNDERSTAND, YOU SHOULD ASK A LAWYER OF YOUR OWN CHOOSING TO EXPLAIN IT TO YOU. I HAVE READ OR HAD EXPLAINED TO ME THIS NOTICE AND I UNDERSTAND ITS CONTENTS. lfli~"1 m~ ary enger, Princip 1-/9-0"7 Date I, Mary M. Wenger, of 222 Messiah Circle, Room 420, Mechanicsburg, Pennsylvania, do hereby appoint my sons, Ronald M. Wenger and Kenneth L. Wenger, each, individually or jointly with the other, my lawful agent to act for me and in my name and on my behalf. I GIVE TO MY SAID AGENT FULL POWER AND AUTHORITY TO DO EVERYTHING REGARDING MY PERSONAL AND REAL PROPERTY AND MY AFFAIRS AS I COULD DO MYSELF IF ABLE. Included in the general powers granted to my agent, but not limited thereto, are the numbered items set forth below. (A) With respect to my intangible personal property, including bank depository accounts, brokerage accounts and the like, my agent shall have the power to: (1) Engage in banking and financial transactions; (2) Engage in stock, bond and other securities transactions; v- (3) Engage in commodity and option transactions; (4) Perform any act necessary to deposit, negotiate, redeem, sell, or transfer any note, bond, security, or draft of the United States of America, or any of its agencies, instrumentalities or establishments, including U.S. Treasury securities and U.S. Savings Bonds; (5) Borrow money. (B) With respect to tangible personal property, my agent shall have the power to engage in tangible personal property transactions. (C) With respect to real estate, my agent shall have the power to engage in real property transactions. (D) With respect to my health care, my agent shall have the power to: (1) Arrange for, authorize, consent to or to withhold medical, therapeutical and surgical procedures for me, including the administration of drugs; (2) Authorize and apply for my admission into medical, nursing, residential, rehabilitation, convalescent, or other similar facilities on my behalf, and to sign any consent or admission forms required by such facilities which are consistent with this power, and to enter into agreements for my care by such facilities or elsewhere for my lifetime or for lesser periods of time as my agent may designate, including the retention of nurses for my care. (3) Give informed consent for healthcare decisions on my behalf and, as my Personal' Representative under the Health Insurance Portability and Accountability Act of 1996, to request, receive and review my protected health information regarding my physical and mental health, to authorize the disclosure and use of such protected health information as provided in 45 CFR 9 164, and if required to do so, to execute any releases or other documents required in order to obtain such protected health information. (E) With respect to gift giving, estate planning, and trusts, my agent shall have the power to: (1) Create a trust for my benefit; (2) Make additions to an existing trust for my benefit; (3) Withdraw and receive the income or corpus of a trust; (4) Disclaim any interest in property or renounce fiduciary positions; (5) Claim an elective share of an estate. (6) Make unlimited gifts and to assign or transfer income and/or assets, including transfers to my agent(s), consistent with prudent estate planning and financial management. It is my intention in authorizing my agent to make unlimited gifts for this to be a specific provision for such unlimited gifts as referred to in 20 Pa. C.S.A. 5601.2(c), and I specifically authorize and empower my agent to make gifts, including gifts to my agent, my agent's spouse, and my agent's issue, in such amounts and at such times and to such donees as shall be determined by my agent provided however that all such gifts shall be consistent with prudent estate planning and financial management from the collective perspectives of me and my family. My agent shall have the powers, in making any and all gifts, that are specified in 20 Pa. C.S.A. 5601.2(d) and furthermore, to make gifts to the extent and to the person permitted by the most liberal of laws and regulations applicable to Medicaid programs or other relevant medical assistance or other governmental benefit programs; (7) Make limited gifts, as provided for in 20 Pa. C.S.A. 5601.2(b) and 5602(a)(1), in addition to unlimited gifts under (E)(6) above; (8) Continue any program of gifts that I may have begun by giving property without consideration to persons, including my agent, outright or to Trusts which have been previously created for their benefit. (F) My agent shall also have the power to do the following: (1) Enter safe deposit boxes; (2) Engage in insurance transactions; (3) Pursue tax matters; (4) Hire and fire agents and employees on my behalf; (5) Pursue claims and litigation; (6) Engage in retirement plan transactions; (7) Handle interests in estates and trusts; (8) Receive government benefits. (9) Appoint a successor agent in writing who would serve upon the death of the last to die of the agents appointed herein. I hereby revoke all previous powers of attorney executed by me. I confirm everything my agent shall and may do on my behalf. I incorporate herein the definitions of that terminology used in this power of attorney which are set forth in 20 Pa. C.SA 5603 at the time of the execution of this document. Anyone to whom this power of attorney is presented may rely upon it until receipt of written notice of its revocation. In the event of my incompetency, this power of attorney will not be revoked but will become irrevocable. However, this power of attorney will become void upon written evidence of the appointment of a guardian of my estate or written notice of my death. ~7 <(j}"-i') (SEAL) Mary M. Wenger COMMONWEALTH OF PENNSYLVANIA N0Bl1I SeIII COMMONWEALTH OF PENNSYLVANIA Belay Bamhart,NotaryPublc I 55 North ComwaII Twp.,lJlbenon Cc:u1ly COUNTY OF C A...A fY\ 1o€4'-\A.V\.d : MyCormIlsslon ExpIresJan. '0, 2010 Member, Pennsylvania AssociatIOn of Notaries On this l~y of Ju.V"\~r ~ ,2007, before me, the subscriber, a Notary Public in and for said State and County, personally appear the above named Mary M. Wenger and In due form of law acknowledged the execution of the foregoing Power of Attorney for the purposes therein and desired the same to be recorded as such. Witness my hand and notarial seal the day and year aforesaid. ~~~u~ ACKNOWLEDGMENT BY AGENT I, the undersigned, have read the attached Power of Attorney and am the person identified as the agent for the principal. I hereby acknowledge that in the absence of a specific provision to the contrary in the Power of Attorney or in 20 Pa. C.S. when I act as agent: I shall exercise the powers for the benefit of the principal. I shall keep the assets of the principal separate from my assets. I shall exercise reasonable caution and prudence. I shall keep a full and accurate record of all actions, receipts and disbursements on behalf of the principal. ~ ~.~re- Ronald M. Wenger, Agent I QA) U 4V-1 Date 19, tod, . Kenneth L. Wenger, Agent Date