SAMPLE POWER OF ATTORNEY

    I, [list name of person giving power of attorney], of [list address of principal], do hereby make and appoint [list name of person receiving power of attorney], of [list address of agent], my true and lawful attorney, to act in my name and place, and for my use and benefit:

    To sell and convey any and all interest that I may have or hereafter acquire in and to the following real estate:

    [enter exact legal description of any property authorized to be sold],

for the following consideration and terms: [list any required price or other terms or conditions for sale], and on such other consistent terms and conditions as my attorney may deem proper; and in my name to execute, acknowledge and deliver contracts of sale, good and sufficient deeds or other instruments, either with or without covenants of warranty, and any and all other instruments that may be necessary or appropriate to accomplish such sale and conveyance; and to receive and collect the proceeds thereof.

    To mortgage or encumber any and all interest that I may have or hereafter acquire in and to the following real estate:

    [list exact legal description of property involved],

for the following amount and terms: [list amount or other terms or conditions of mortgage], and on such other consistent terms and conditions as my attorney may deem proper; and in my name to execute, acknowledge and deliver promissory notes, bonds, mortgages, trust deeds, security instruments and any and all other instruments that may be necessary or appropriate to accomplish such mortgage or encumbrance; and to receive and collect the proceeds thereof.

    To manage and operate for me and in my name, the following real estate:

    [enter legal description of property to be managed],

and in connection therewith, to execute, renew and cancel leases; to collect and sue for rents, institute actions to recover possession and settle such actions, and to employ such legal counsel as may be appropriate; to make all purchases and disbursements and to contract for repairs and improvements; to make service contracts and hire and discharge employees and independent contractors; to make mortgage payments and pay and discharge real estate taxes and operating expenses; to purchase and maintain insurance; to execute and file any federal, state or local tax returns and instruments; and generally to do all acts and things that would customarily be performed by a landlord.

    To purchase for me and in my name, and to take title to or any interest in, and to accept possession of, the following real estate:

    [list legal description of any property authorized to be purchased],

for the following consideration and terms: [list price or other terms or conditions of the purchase], and on such other consistent terms and conditions as my attorney may deem proper; and to accept deeds or other instruments to said real estate; and to execute, acknowledge and deliver purchase and sale contracts and any and all other instruments that may be necessary or appropriate to accomplish such purchase; and to pay the consideration therefor.

    Granting to my attorney full power and authority to do every act and thing necessary or appropriate to carry out the foregoing powers, hereby ratifying and approving all that my attorney shall lawfully do by virtue of this Power of Attorney.

    My attorney shall have the power to appoint and remove one or more substitute attorneys to perform any or all of the above powers.

    This Power of Attorney shall become effective [list date power of attorney will become effective], and shall remain in effect until [list date power of attorney terminates], or until revoked by the undersigned by written notice to my attorney, whichever occurs sooner.

    If any provision of this Power of Attorney shall be invalid or unenforceable, the remaining provisions hereof shall remain in full force and effect.

    I, [list name of principal's spouse], of [list address of principal's spouse], spouse of [list name of person giving power of attorney], do hereby confirm the above Power of Attorney and waive and release all rights of dower, curtesy, homestead, community property, and all other right, title and interest, if any, in and to the above real estate to be sold or mortgaged.

 

    IN WITNESS WHEREOF, this Power of Attorney is executed under 

seal on the __________day of_________________, 19_____.

Signed, sealed and delivered in the presence of:

______________________________ ____________________________(Seal) (Signature of witness) [list name of person giving power of attorney]

______________________________ (Signature of witness) ____________________________(Seal) [list name of principal's spouse]

STATE OF _____________________

COUNTY OF ____________________

In _______________, on the _____________ day of ____________, 19___, before me, a Notary Public in and for the above state and county, personally appeared [list name of person giving power of attorney], known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed.
 

                            _______________________________ 
                            NOTARY PUBLIC 

My Commission Expires: ________

(SEAL)

STATE OF _____________________

COUNTY OF ____________________

In _______________, on the _____________ day of ____________, 19___, before me, a Notary Public in and for the above state and county, personally appeared [list name of principal's spouse], known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed.
 

                            _______________________________ 
                            NOTARY PUBLIC 

My Commission Expires: ________

(SEAL)

This Power of Attorney was prepared by:_________________________

____________________________________________________________________.

After recording, return to:_____________________________________

____________________________________________________________________.