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Enduring Power Draft

This document is a durable power of attorney granted by Mr. Fulano (the Principal) in favor of Ms. Fulana (the Attorney-in-Fact). The Principal grants extensive powers to the Attorney-in-Fact to manage, sell, and encumber his real and personal property, as well as to represent him in legal and financial matters. The durable power of attorney is created in accordance with the laws of Puerto Rico and grants the Attorney-in-Fact the authority to make decisions on behalf of the Principal.
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0% found this document useful (0 votes)
11 views8 pages

Enduring Power Draft

This document is a durable power of attorney granted by Mr. Fulano (the Principal) in favor of Ms. Fulana (the Attorney-in-Fact). The Principal grants extensive powers to the Attorney-in-Fact to manage, sell, and encumber his real and personal property, as well as to represent him in legal and financial matters. The durable power of attorney is created in accordance with the laws of Puerto Rico and grants the Attorney-in-Fact the authority to make decisions on behalf of the Principal.
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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I certify that on the same day, month and --------------PUBLIC INSTRUMENT NUMBER SEVEN (7)-----------------

year of its granting, I issued a


first certified copy of this ---------------------------------LASTING POWER---------------------------------
writing to _____________, part
interested.
In the city of Fajardo, Puerto Rico, on the fifteenth (15) day of the month of
I give faith

April two thousand fourteen


Olga Judith Martínez Cruz
Notary Public (2014).--------------------------------------------------------

-----------------------------------------BEFORE ME----------------------------------------

Ms. Fulana, Lawyer and Public Notary of the Free Associated State

from Puerto Rico, with residency and open study in the city of San Juan,

Puerto Rico.

-----------------------------------APPEARANCE--------------------------------------

----FROM THE FIRST PART: DON FULANO PODERDANTE, mayor of

age, married to _________________, retired and resident of Ceiba, Puerto

Rico, whom I identified by his driver's license number 111111,

issued by the Commonwealth of Puerto Rico, with photo and signature, in

hereinafter referred to as 'the Principal' or Mandator.

----FROM THE SECOND PART: FULANA AUTHORIZED, of legal age,

Clerk, single, and neighbor from Fajardo, Puerto Rico, whom I know.

personally; who appears for the purpose of accepting the Mandate here

conferred, in there successive named The

ATTORNEY IN FACT.

---The participants assure that they are in full enjoyment of their

civil rights and in full control of their mental faculties and having

in my opinion the legal capacity necessary for this grant, freely ---

-----------------------------------------EXPLANATION--------------------------------------
FIRST: That this Power is granted in accordance with Law Number

twenty-five of the eighteenth of January two thousand twelve that creates the figure of

Lasting Power by adding Articles 1600A, 1600B, 1600C, and 1600D and

amend Article 1623 of the Civil Code of Puerto Rico of 1930. To this
SECOND: The Principal establishes that as of this date he is the owner in whole or

in part, either in full ownership or through their community property, of the

next real estate property.

RUSTICA: Property located in the Saco neighborhood, Highway 9, Km.10.

Ceiba, Puerto Rico. Located in the same, concrete house of five

rooms, office, living room, dining room, kitchen, anteroom, double awning and

three bathrooms. It is registered under Folio _________ (__), Volume ______

(____), Farm number _____________ (000) of Ceiba, Puerto Rico, Section

from Fajardo.

-----This property was acquired under the Legal Society regime of

Community Property and currently constitutes his residence and that of his

spouse.

THIRD: The Principal establishes and designates as agent for all

her goods, present and future to FULANA APODERADA, of legal age,

Clerical worker, single, y neighbor of Fajardo Port

Rich.

FOURTH: The Principal grants to the Attorney through this Power

Durable the following faculties, responsibilities, and duties:

to manage, lease, sell, transfer, assign, exchange, donate,

to grant in usufruct, to encumber and mortgage movable and immovable property and rights

current and future personal and real assets belonging to the Principal.

As for the property that constitutes your residence or any other that

in the future may establish their home, it is the Principal's wish that the

The attorney shall carry out any necessary actions for the Principal to be able to...

to continue living in it and be attended there. If it is considered that it is not

possible to keep the Principal in their own residence, the Attorney may

select and hire on your behalf a suitable 'home' or shelter where


so that, among other things, he is not alone and better oversight can be carried out

attentions received there.

The Attorney-in-fact may dispose of the property that constitutes her residence.

current, (or a future one that replaces it as your residence), to cover the

needs of the Principal. The Attorney may only encumber or dispose of

that property, its equipment and furniture, if obtained beforehand the

judicial authorization from the corresponding court. For this, it will be necessary

request a court order in accordance with the procedure established by the

Law.

----From her spouse María _______ to be alive, the sale or transfer of this

property shall be subject to the opinion or consideration of the condition in which

is found, its wishes or needs.

to manage, direct and govern all movable property,

real estate, rights, shares, participations in civil societies,

merchant, special or of any other nature, as well as in securities

those they currently own and acquire in the future; the gifts,

rent, lease, sublease, sell absolutely or with any type of

pact, resale, exchange, assign, pledge, encumber, mortgage or any of the above

Another way to acquire the same classes of goods, rights, and values for him

POWERS OF ATTORNEY, everything for the prices, terms and conditions that adjust and

agree, without limitation of any kind.

to lend or borrow any amounts of money,

the interest, time, and conditions that he/she deems; grant, extend, postpone, sub-

mortgage, and completely or partially cancel mortgage loans established or

that in the future they be established in favor of THE GRANTOR.

to claim, collect, and receive the rents and profits from his assets,

prices, deadlines, stock dividends, dividends paid by companies


To initiate, process, and transact all litigation, rights and

issues that concern the grantor, either directly or through arbitrators

of law, friendly conciliators and impartial third parties.

So that he accounts to whom he must give them, he renders them to whom he can.

demand them and pay what is rightfully owed.

to sign and issue checks for the withdrawal of amounts in the

banks and other establishments where they are deposited or

deposited; to carry out the necessary procedure with values

deposited in accounts or investment firms; and for him to sign the bonds or

guarantees that he/she intends to give and provide to individuals, banks, cooperatives and

societies that it deems appropriate, to the municipalities, Government of Puerto Rico

and other entities without any limitation.

To rotate, accept, guarantee, discount, endorse or otherwise

negotiate and protest for lack of acceptance or payment or for both causes to the

bills of exchange, promissory notes, receipts, certificates, and any other

class of documents or values; divide common things, make distinctions,

groupings or markings of the assets of THE GRANTOR.

for ratifying and approving on behalf of THE PRINCIPAL, and

subscribe on behalf of this, all kinds of writings, documents

public and private.

(j) In order to grant and sign the deeds, records for the indicated purposes

notarial and other documents that are necessary and perform as many as

procedures and management are conducive, as well as those that he would carry out.

POWERFUL being present, for which they confer the broadest

power without any limitation.

In order to request from any public or private entity any

document related to any procedure that needs to be carried out in


In order to carry out all necessary procedures before government entities or

banking related to motor vehicles registered in the name of

POWERFUL.

The Authorized Person can open, continue, maintain, change, or close.

any bank account, including without limitation checking accounts or

savings, certificates of deposit, stocks, or any bank transactions,

associations, 'credit union', or any financial institution can do

deposits and withdrawals by check, or in any other way, endorse

checks, notes and making deposits, cashing money, or others.

The Attorney-in-Fact can represent the Principal before the Administration.

from Social Security, and before any similar government agency, receive

any benefit from social security, and make any arrangement related to

the benefits of social security including without limitation Medicaid and

Medicare that facilitates the care and maintenance of the Principal.

The Attorney-in-Fact may hire or dismiss agents, attorneys, advisors.

financial, accounting, cleaning staff or any other person and

terminate any contract that the Principal has made.

FIFTH: The Principal emphasizes his particular desire and interest and

specific that this Durable Power shall be effective and valid, even after

that he becomes incapacitated or is declared legally incompetent.

SIXTH: From this moment, the Principal obligates themselves to comply with

respect everything that your Representative does in the exercise of the powers granted to her

they confer through this Durable Power.

EIGHTH: The appointed attorney named here accepts the designation made.

by the Principal through this Durable Power of Attorney document and

he/she declares to know and understand the responsibilities of his/her position and accepts them.

This position will (not) involve any compensation. The Attorney-in-fact may charge
the present document in all its parts for finding it drafted in

your a agreement

instructions.

WARNINGS---------------------------------

I, the Notary, in compliance with the Law, made the legal warnings to them.

pertaining to this granting, and especially the following:

----UNA: This is a Durable Power, which remains in effect and valid.

even if the Principal becomes incapacitated, that is, having granted it in the

full use of their mental faculties, if they were to lose them or were to be declared the

Judicially incapacitated grantor may continue to use it in favor of the

Power of attorney in accordance with the instructions and powers granted.

----POWER OF ATTORNEY: This Durable Power can be terminated by public writing of

revocation made by the Principal while in full use of their faculties

mental; it can also end like any other mandate, due to the

resignation of the Attorney; or by death, bankruptcy, or insolvency of

Grantor or of the Attorney.

The Grantor is advised that they must choose as Attorney-in-Fact the one

a person who enjoys your full trust and has the ability to defend

his interests for his well-being, with loyalty, diligence, courage, and zeal, in

particularly, when it has to be used when a disability occurs that affects him

prevent the Principal from managing their assets and making decisions.

----THREE: This Durable Power must comply with the requirement that applies to

any mandate, to register it in the Powers Registry of the Office of

Inspection of Notaries of the Supreme Court of Puerto Rico and its conclusion

certification by this. A certified copy of this deed must be submitted.

in the Property Registry when necessary. Once submitted

copy of this deed in the Powers Registry for its certification, this
FOUR. The Attorney is warned that if the Principal dies, this Power

Durable ends at that moment and the Attorney cannot make use of the

same. In Article One Thousand Six Hundred Twenty-Nine (1629); 31LPRA4487,

except those done by the Attorney ignoring the death of the

principal (Principal) or any other causes that terminate the

mandate. In this case, what was done by the mandated person (Attorney-in-fact) is valid and

it will take effect for all third parties who have contracted with him

in good faith.

FIVE. The representative (Agent) is responsible not only for fraud,

(fraud, deceit, among others, but also of guilt, which must be assessed)

with more or less rigor by the courts whether the mandate (power) has been or not

remunerated, (Article One Thousand Six Hundred Seventeen (1617) of the Civil Code of

Puerto Rico); (31LPRA4449).----------------------------------------

--------------------------------------------------------------------------------------------------------------
GRANTING AND READING

Thus they grant it before me the appearing parties, after having renounced the

right that I made them aware they had, to require the presence of witnesses

instrumentals. The grantor waived the reading of this instrument, it

the same, which was also resigned by the Attorney after having warned them

everyone the right they had to read it for themselves. This writing read in

loudly for me, the Notary, they find it acceptable and sign it with me on a

single act, also stamping said grantors, their initials on each of

the folios of this writing.

-------------------------------------------------------------

----From all of this, and having identified the grantors through the means

conferred by the Notarial Law of Puerto Rico, and by their statements of

personal circumstances and neighborhood, as well as of what I say or refer to in

this public instrument.

And of all that is contained in this public instrument and of remaining adhered

and canceled the corresponding Internal Revenue Stamps and the Tax

Notarial. I, the Notary, who sign, endorse, mark, and seal, GIVE FAITH.

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