HomeMy WebLinkAbout03-1057JRZ - 5.1 medlicott.2 December 7, 2000
GENERAL POWER OF ATTORNEY
NOTICE
THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE PERSON
YOU DESIGNATE, (YOUR AGENT) BROAD POWERS TO HANDLE YOUR PROPERTY,
WHICH MAY INCLUDE POWERS TO SELL OR OTHERWISE DISPOSE OF ANY REAL
OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE TO YOU OR APPROVAL BY
YOU.
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.
IF THERE IS ANYTHING ABOUT THIS 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
UNDERSTAND ITS CONTENTS.
Dated:
EXPLAINED TO ME THIS NOTICE AND I
incipal J -
I, DEBORA~ MEDLICOTT, of Presbyterian Home, Holidaysburg,
Pennsylvania, do hereby nominate, constitute and appoint ORRSTOWN
BANK of Shippensburg, Cumberland County, Pennsylvania, as my
attorney-in-fact, hereinafter called "Agent," for me and on my
behalf and hereby state that this power of attorney shall not be
affected by my subsequent disability or incapacity.
My said Agent may exercise any power or take any action on my
behalf as fully and completely as I could do myself, which my
Agent, in my Agent's sole discretion, believes to be in my best
interest, including, without being limited to, the powers and
actions hereinafter described:
To have access to my safety deposit box;
To draw checks against any bank account in my name; to
make deposits or withdrawals and to transfer funds from
one account to another; to open and close bank accounts
and to sign signature cards and any other documents
required for such purpose;
o
To pay my bills and other financial obligations and to
collect monies owed to me;
o
To borrow money for me for any purpose, including the
acquiring of United States Treasury securities redeemable
at par for Federal estate tax purposes, or to lend my
money, on such terms and with such security, if any, as
my Agent deems advisable;
o
To manage, lease, sell or transfer any real estate or
interest therein belonging to me, and to purchase real
estate upon such terms and for such prices as my Agent
deems advisable;
To assign, relinquish or transfer any life interest,
remainder interest, joint interest, tenant by the
entirety interest, tenant in common interest, beneficiary
trust interest or right to occupy or possess real
property I may have;
o
To engage in tangible personal property transactions and
specifically to assign, relinquish or transfer any life
interest, remainder interest, joint interest, tenants by
the entirety interest, tenant in common interest,
beneficial trust interest or right to occupy or possess
tangible personal property I may have;
Page 2
o
o
11.
12.
13.
14.
15.
16.
To sell, transfer Om purchase shares of stock, bonds~
securities, mortgages, automobiles, tangible personal
property, and United States Treasury securities or any
other securities of agencies, instrumentalities, or
establishments of the United States, upon such terms and
for such prices as my Agent deems advisable;
To engage in commodity and option transactions;
To invest, reinvest and keep invested or uninvested
without liability monies and assets belonging to me in
such stocks, bonds, and other instruments of indebtedness
and investment, including without limitation United
States Treasury securities redeemable at par for Federal
estate tax purposes, as my Agent deems desirable;
To pursue and defend claims and litigation;
To make application for registration of any automobile
that I own, to take whatever actions necessary to sell or
transfer a motor vehicle, and to purchase in my name
insurance covering the ownership and operation of any
automobile;
To receive government benefits of any type;
To vote, appoint or revoke proxies, execute any waiver of
consent, attend any meeting, and otherwise to act without
restriction in my behalf in connection with any stock,
security, membership, proprietary, or other rights which
I may have in any corporation, association, partnership,
business trust, joint venture or other entity; to
commence, prosecute, defend, settle or compromise any
claim, suit, action, or other proceeding at law or in
equity as my Agent deems advisable and for these purposes
to employ counsel;
To create and execute legal documents on my behalf,
including without limitation the exercise of options,
elections under or against wills and trusts, releases,
disclaimers and renunciations of interests, property and
powers, contracts, and revocable or irrevocable trusts
for my benefit, and to fund such trusts with property
belonging to me;
To appear for me and to execute powers of attorney for
others to appear for me before the Treasury Department of
the United States and any state or municipal authorities,
in all matters pertaining to Federal, state or local
taxes; to examine records and receive confidential
information and communications with reference to such
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17.
18.
19.
20.
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taxes; to execute income; 'gift and other tax returns and
declarations of estimated tax, waivers, claims for
refund, agreements of settlement or compromises, and
consents extending the statutory period for assessment or
collection of taxes; to make any and all elections
afforded a taxpayer with respect to the filing of
returns; and for these purposes to employ counsel and
accountants;
To exercise any rights which I have with respect to any
policies of insurance on my life of which I am the owner
or in which I have any rights, including but not limited
to the following: the right to cancel and/or surrender
the policy and to receive the cash value; the right to
borrow all or part of the cash value; the right to
convert the policy to a paid-up status; and the right to
exercise any settlement options;
To make unlimited gifts and to assign or transfer income
and/or assets, including to my Agent, 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 Section 5601.2(c) of
the Probate, Estates and Fiduciaries Code, and I
specifically authorize and empower my Agent to make
gifts, including gifts to my Agent or my Agent's spouse
or 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, my spouse and my
family. My Agent shall have the powers in making any and
all gifts that are specified in Section 5601.2(d) of the
Probate, Estates and Fiduciaries Code and my Agent may
consent, pursuant to Section 2531(a) of the Internal
Revenue Code of 1986, as amended, to the splitting of
gifts made by my spouse to any person in any amount.
To make limited gifts, as provided for in Section
5601.2(b) and Section 5602 (a) (1) and the other Sections
applicable thereto.
To 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 (I give my Agent
this power because it is my intention that my giving
program be continued in the event of my disability).
To make gifts, including gifts to my Agent, and to assign
Page 4
or transfer income and/or'assets consistent with pruden~
estate planning and financial management and to the
extent and to the persons permitted by the most liberal
of laws and regulations applicable to Medicaid programs
or other relevant medical assistance or other
governmental benefit programs, and during any period
during which I may be, in the opinion of my Agent,
disabled by reason of illness, age or other cause as to
be incapable of appropriately receiving, dealing with or
disbursing any monies, or should I become a resident of
a nursing home for more than ninety days, to suspend any
payments to or for me which could be used for my basic
support, basic food, clothing and shelter, and during
such disability my Agent shall be empowered hereby to
make payments only for and not to me and only for my
extra and supplemental care, maintenance, comfort,
happiness and education, after taking into consideration
such other assets and sources of income, including those
from governmental or private sources, to which I may be
entitled, keeping in mind that one of my goals is to
provide for the well-bearing of and/or leave something
from my estate to my spouse, if any, and children, if
any, to the maximum extent allowed by law without
disqualifying myself for Medicaid or other governmental
assistance benefits.
22.
With respect to any trusts created by me or for my
benefit, to withdraw and receive the income or corpus of
such trust or trusts;
23.
To create a trust for my benefit (including any trust of
which my Agent is trustee) or to be funded by property
belonging to me or to make additions to any existing
trust for my benefit;
24.
25.
26.
To claim an elective share of the estate of my deceased
spouse, to disclaim any interest in property under that
estate or any other transfer to me, to renounce fiduciary
positions, and to claim the family exemption to the same
extent as I personally could do;
I authorize my Agent to appoint in writing from time to
time one or more persons as a substitute or substitutes
in the place of my Agent and to revoke such appointments,
granting to any such substitute full power and authority
to act in the place of my Agent for me and on my behalf.
If it becomes necessary to appoint a guardian of my
person or my estate, I nominate my Agent set forth herein
and ask any court considering such appointment to take my
nomination into due consideration.
Page 5
I hereby ratify and con,firm', all that my said Agent Or
substitutes shall lawfully do or cause to be done by virtue of this
power of attorney.
The powers hereby authorized shall be defined and construed in
accordance with Chapter 56 of the Pennsylvania Probate, Estates &
Fiduciaries Code, as amended.
This power of attorney shall not be affected by the disability
of the Principal.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
day of_//~~ , 2OO/
Witness:
STATE OF PENNSYLVANIA:
COUNTY OF ~j~ :
:SS:
Principa~
On this th~l._~ day of ~ , 2 Od[, before
me, a notary pu lc, personally;appeared DEBORAH MEDLICOTT, known
to me or satisfactorily proven to be the person whose name is
subscribed to the within general power of attorney and acknowledged
that she executed the same for the purposes therein contained.
In Witness Whereof, I have hereunto set my hand and official
seal.
No~a y Public
Notarial Seal
Nancy K. Dickson, Notary Public
Hollidaysburg Boro, Blair County
My Commission Expires Mar. 6, 2003
Page 6
POWER OF ATTORNEY OF ,DEBORAH MEDLICOTT PRINCIPAL
ACKNOWLEDGEMENT BY AGENT
ORRSTOWN BANK, the Agent set forth in the attached power of
attorney, has read the attached power of attorney and is identified
as the Agent for the Principal. ORRSTOWN BANK hereby acknowledges
that in the absence of a specific provision to the contrary in the
power of attorney or in 20 Pa. C.S. when it acts as Agent:
1. It shall exercise the powers for the benefit of the
Principal.
It shall keep the assets of the Principal separate from
its assets.
o
It shall exercise reasonable caution and prudence.
It shall keep a full and accurate record of all actions,
receipts and disbursements on behalf of the Principal.
Dated:
ORRSTOWN BANK
Page 7
O R,STO BANK
P.O. BOX 250,SHIPPENSBURG, PA 17257-0250
TRUSTNUMBER:
50 00 1418 01 6
DEBORAH MEDLICOTT
PAYEE:
REGISTER OF WILLS, CUMBERLAND
DESCRIPTION:
ADDITIONAL RECORDING FEE FOR POA
CHECK#:
DATE: 0015322
AMOUNT: Jan 16,
RECEIPT FOR PAYMENT
Cumberland_County - Orphans Court
Hanover and Hiqh StreeE
Carlisle, PA I7013
Receipt Date
Receipt Time
Receipt No.
3/04/2004
08:22:54
1023887
MEDLICOTT DEBORAH
File Number
Remarks
2003-01057
ORRSTOWN BANK
MW
........................ Distribution Of Receipt ........................
Transaction Description Payment Amount Payee Name
CERTIFIED COPIES 3.50 CUMBERLAND COUNTY GENERAL FUN
Check# 015322
Total Received .........
.50
50