DURABLE POWER OF ATTORNEY
Reference: 000430
WHEREAS, ALVINA M. ROLOFF (hereinafter
the "principal") has the utmost trust in MARIE A. CHEATHAM, (hereinafter
the "attomey-in-fact") and is desirous of giving her immediate authority over the principal's
property and person so that the attorney-in-fact may make the necessary
decisions for the principal, rather than have such decisions made by an
unknown person, now therefore, MARIE A. CHEATHAM is hereby
appointed as attorney-in-fact for her, as principal. In the event MARIE
A. CHEATHAM is unwilling or unable to act, then DANIEL T.
CHEATHAM is designated as alternate attorney-in-fact to act for
the principal.
1. Powers over Assets
and Liabilities:
The attorney-in-fact, as
fiduciary, shall have all powers of an absolute owner over the assets
and liabilities of the principal whether located within or without the
State of Washington. Without limiting the generality of the foregoing,
the attorney-in-fact shall have following specific powers:
(a) Management. To
take possession of, manage, administer, operate, maintain, improve and
control all property, real and personal; to insure and keep the same
insured; and to pay any and all taxes, charges and assessments that may
be levied or imposed upon any thereof;
(b) Collections. To
collect and receive any money, property, debts or claims whatsoever,
now or hereafter due, owing and payable or belonging to the principal;
and to forgive debts; and to give receipts, acquittance or other
sufficient discharges for any of the same;
(c) Checks and Notes. To
sign, endorse, sell, discount, deliver and/or deposit checks, drafts,
notes and negotiable or nonnegotiable instruments, including any
payments to the
principal drawn on the
Treasury of the United States or the State of Washington or any other
state or governmental entity, and to accept drafts;
(d) Investments. To
retain any property in the hands of the attorney-in-fact in the form in
which it was received; and to make investments and changes of
investments in such securities, including common and preferred stocks
of corporations or other property, real or personal, as the principal's
attorney-in-fact may deem prudent;
(e) Debts. To pay
debts and other obligations;
(f) Litigation. To
sue upon, defend, compromise, submit to arbitration or adjust any
controversies in which the principal may be interested; and to act in
the principal's name in any complaints, proceedings or suits with all
the powers principal would possess if personally present and under no
legal disability;
(g) Acquisition. To
bargain for, buy and deal in real and personal property and goods of
every description;
(h) Specific Real Property
Rights. To exercise the principal's rights with respect to all
real property, including, but not limited to, the right to hold,
manage, lease, develop, subdivide, sell and encumber real property
owned by the principal;
(i) Disposition. To
sell, convey, grant, exchange, transfer, option, convert, mortgage,
pledge, consign, lease and otherwise dispose of any of the principal's
property, whether real or personal, including, but not limited to,
personal guarantees and unsecured borrowing on the principal's behalf;
(j) Borrowing. To
advance or loan the attorney-in-fact's own funds on the principal's
behalf; and to borrow any sums of money on such terms and at such rate
of interest as the principal's attorney-in-fact may deem proper and to
give security for the repayment of the same;
(k) Agreements. To
make and deliver any deeds, conveyances, contracts, covenants and other
instruments, undertakings or agreements, either orally or in writing,
which the attorney-in-fact may deem proper;
(1) Voting. To appear
and vote in person or by proxy at any corporate or other meeting;
(m) Safety Deposit Box. To
have access to any safety deposit box which has been rented in the name
of the principal or in the names of the principal and any other person
or persons;
(n) Withdrawal of Funds. To
withdraw any monies deposited with any bank, mutual savings bank,
credit union, savings and loan association, mutual fund, money
market account, investment
advisor or broker in the name of the principal or in the names of the
principal and any other person or persons and generally to do any
business with any such financial institution or agency on behalf of the
principal;
(o) Tax Returns. To
sign and file all city, county, state, federal and other governmental
or quasi-governmental tax returns or reports, including income, gift,
sales, business, and property tax returns or reports of every kind
whatsoever; to execute waivers, extension agreements, settlement
agreements and closing agreements with respect to those returns and to
appear for the principal, in person or by attorney, and represent
principal before the United States Treasury Department or the
Washington Department of Revenue or the taxing authority of any other
state or governmental entity;
(p) Government Benefits. To
do and perform every act necessary or desirable and to serve as
representative payee with respect to rights and entitlements from
Social Security, Medicare and military service;
(q) Treasury Bonds. To
purchase U. S. Treasury bonds or other instruments redeemable at par in
payment of federal estate taxes;
(r) Additions to Trust. To
add any or all of the principal's assets to a trust created by the
principal or in conjunction with one or more other persons and already
in existence at the time of the creation of this power if the trust
provides that the income and principal shall be paid to the principal
or applied for the principal's benefit during the principal's lifetime;
(s) Gifts. To have the
power to engage in reasonable and prudent income, estate and gift tax
planning for the estate of the principal, including:
(1) the power to disclaim
property; and
(2) the right to make annual
gifts to or for the benefit of one or more of the principal's children
and other lawful descendants in an amount not to exceed the annual
exclusion gift tax amount set forth in the Internal Revenue Code.
In making any such family
gifts, the attorney-in-fact shall consider the pattern of giving
established by the principals, the principal's financial ability to
continue making such gift or gifts, the principal's continued health
and well-being, the impact of inflation upon the value of such gifts,
the reduction of death taxes at the time of the principal's death and
other estate planning considerations.
(t) Business Interests. To
continue as a going concern any business interest owned by the
principal, either individually or as a co-partner;
(u) Substitution and
Delegation. To appoint and substitute for said attorney in-fact
any attorneys-in-fact, nominees or attorneys to exercise any or all of
the powers herein and to revoke their authority.
(v) General Authority. To
do and perform all and every act and thing necessary or desirable to
conduct, manage and control all of principal's business and property,
wheresoever situate, and whether now owned or hereafter acquired, as
the principal's attorney-in-fact may deem for the principal's best
interests and to execute and acknowledge any and all instruments
necessary or proper to carry out the foregoing powers, hereby releasing
all third persons from responsibility for the attorney-in-fact's acts
and omissions and we empower the attorney-in-fact to indemnify all such
persons against loss, expense and liability.
2. Powers over the
Person of the Principal:
The attorney-in-fact is
specifically authorized to give informed consent for health care
treatment when the principal is not capable of doing so. This includes
but is not limited to consent to initiate, continue, discontinue or
forgo medical care and treatment including artificially supplied
nutrition and hydration, following and interpreting our instructions
for the provision, withholding, or withdrawing of life-sustaining
treatment, which are contained in any Health Care Directive the
principals may have executed or elsewhere, and to receive and consent
to the release of medical information. When the attorney-in-fact does
not have any stated desires or instructions from the principal to
follow, then the attomey-in-fact shall act in the principal's best
interest in making health care decisions.
The attorney-in-fact shall
have the authority regarding the person of the principal to make all
decisions that a court-appointed guardian of the person would have
authority to make under the laws of the State of Washington, including,
but not limited to the authority to consent to the choice of living
accommodations for the principal, if necessary, and to hire
professional help and consultants and to pay all necessary and
reasonable expenses incurred in relation to the broad authority herein
given.
(A) Furthermore, the
attorney-in-fact's powers under this paragraph shall include, but not
be limited to the following:
(1) obtaining access to
medical records and other personal information, but not limited to,
medical and hospital records; executing any releases or other documents
that may be required in order to obtain such information; and
disclosing such information as attorney in fact deems appropriate.
(2) employing and discharging
medical personnel as attorney-in-fact shall deem necessary for the
principal's physical, mental and emotional well-being, and pay them (or
causing to be paid to them) reasonable compensation.
(3) giving or withholding
consent to any medical procedure, test or treatment, including but not
limited to surgery and life sustaining procedures; and arranging for
principal's hospitalization, convalescent care, hospice, or home care.
(4) signing, executing and
delivering any contract or other document that may be necessary,
desirable, convenient or proper in order to exercise any of the powers
described in this paragraph and incurring reasonable expenses in the
exercise of such powers. The attorney in fact shall be reimbursed for
all reasonable costs and expenses incurred on the principal's behalf.
(B) The principal may execute
a statement setting out his or her personal values and desires
regarding the use or non-use of life sustaining procedures. Should the
principal execute such a statement, it may be attached to this document
as an expression of his or her intent.
3. Effectiveness: This
power of attorney shall become effective
immediately and shall continue in effect regardless of the
disability or incompetence of the principal. Disability shall include
the inability to manage property and personal affairs for reasons such
as mental illness, mental deficiency, physical illness or disability,
advanced age, chronic use of drugs, chronic intoxication, confinement,
detention by a foreign power or disappearance.
4. Duration: This
durable power of attorney becomes effective as provided in Paragraph 3
hereof and shall remain in effect to the extent permitted by RCW 11.
94. 010 unless terminated as hereinbelow provided, notwithstanding any
uncertainty as to whether the principal is dead or alive.
5. Revocation: This
power of attorney may be revoked in writing by the principal at any
time unless the principal is disabled or incompetent. The written
notice shall be given to the designated attorney-in-fact as hereinabove
set forth and by recording the written instrument or revocation with
the office of the recorder or auditor of any counties where this
document has been recorded, or where the principal resides.
6. Termination:
A. By Appointment of
Guardian: The appointment of a guardian of the property of the
principal terminates this power of attorney as to the property. The
appointment of a guardian of the person of the principal terminates
this power of attorney as to the person of the principal.
B. By Death of
Principal: The death of the principal shall be deemed to
revoke the power of attorney upon proof of death being received by the
attorney-in-fact.
7. Accounting: The
attorney-in-fact shall keep accurate records of the principal's
financial affairs including documentation of all transactions in which
the attorney-in-fact is involved. The attorney-in-fact shall be
required to account to any subsequently-appointed guardian of the
estate of the principal or to any subsequently-appointed personal
representative.
8. Appointment of
Guardian: In the event that a guardian of the person or
estate, or both, shall be required for the principal, the principal
hereby nominates the attorney-in-fact as guardian and encourages the
court petitioned to refuse any appointment made by any other person, be
that person petitioning a member of the principal's family or not, in
favor of the attorney- in-fact.
9. Expenses: The
principal hereby authorizes and directs the attorney-in-fact to advance
all reasonable and desirable expenses in the exercise of the
responsibilities within this power of attorney, further, to reimburse
the attorney-in-fact for reasonable and desirable expenses advanced by
such attorney-in- fact. The attorney-in-fact is further authorized and
encouraged when said attorney-in-fact deems it desirable or necessary
to employ others to aid in the management of the principal's assets and
in matters concerning the principal's person to include but not limited
to lawyers, accountants, physicians, nurses and other medical
paramedical personnel.
10. Reliance: The
designated and acting attorney-in-fact and all persons dealing with the
attorney-in-fact shall be entitled to rely upon this power of attorney
so long as neither the attorney-in-fact nor the person with whom they
were dealing at the time of any act taken pursuant to this power of
attorney had received actual knowledge or actual notice of the
revocation or termination of the power of attorney by death or
otherwise and any action so taken unless otherwise invalid or
unenforceable shall be binding on the heirs, devisees, legatees or
personal representative of the party-principal.
11. Harmless: The
estate of the principal shall hold harmless and indemnify the
attorney-in-fact from any and all liability for acts done in good faith
and not in fraud on behalf of the principal.
12. Applicable Laws:
The laws of the State of Washington shall govern this power of
attorney.
13. Inconsistent
Agreements Void: Any prior power of attorney, to the extent
the same is inconsistent with this Durable Power of Attorney, is hereby
agreed to be void and of no force nor effect.
14. Execution: This
power of attorney is executed on this 24th day of April, 2000, to
become effective as provided in Article 3.
STATE OF WASHINGTON )
COUNTY OF CLARK
I certify that I know or have
satisfactory evidence that ALVINA M. ROLOFF is the person who appeared
before me, and said person acknowledged that she signed this instrument
and acknowledged it to be her free and voluntary act for the uses and
purposes mentioned in the instrument.
DATED this 24th day of
April, 2000. Peter K. Jackson, Notary Public. Jackson Jackson &
Kurtz, Battle Ground, Washington
Document Number 3213732 recorded at Clark County Auditor's Office, Vancouver, Washington 98666