HomeMy WebLinkAbout01-19 Power of AttorneyGENERAL DURABLE POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS that I, DAVID C.
HYMAN, the undersigned, do hereby constitute and appoint my wife,
DIANE L. HYMAN, as my true and lawful attorney in fact (herein referred
to as my "Agent"), in my name, place and stead and on my behalf to transact
any and all of my business and do and perform all things and acts relating to
my property, real or personal, tangible or intangible, that I might personally
do, including but not limited to the following:
1. Execute upon such terms and conditions as my Agent may deem proper all deeds,
contracts, checks and other drafts, negotiable instruments, guaranties, leases, releases,
disclaimers, waivers, bills of sale and other legal instruments, of every kind and character,
2. Sell, lease, grant options upon, convey, assign, transfer and mortgage all or any part
of my real or personal estate, wheresoever located and howsoever held;
3. Demand, sue for, recover, receive and retain every sum of money, securities, other
property or assets of any kind due and owing, or that may become due and owing, to me;
4. Borrow and lend money from and to, with or without security to any person
(including my Agent and persons related to or having an identity of interest with my Agent);
5. Change realty to personalty, and vice versa and assume a cash position;
5. Determine the rate of interest or income yield to be realized on any of my real or
personal estate;
7. Vote any and all shares of stock owned by me and, in furtherance of such power,
execute discretionary proxies with respect to such shares;
8. Employ such agents, attorneys, accountants, investment counsel, trustees, caretakers
and any other persons and delegate duties hereunder and pay such compensation as my
Agent may deem proper;
9. Purchase, invest in and reinvest in real or personal property of every land and
nature;
10. Give to any person acting as agent or trustee under instruments executed by me, or
executed. by my Agent on my behalf, such instructions and authorizations as I may have the
right to give;
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11. Donate property to or remove property from any trust which I have previously —
created or may hereafter create, including any trust as to which my Agent is a trustee or the ka
trustee (and all persons, including transfer agents, may fully rely on this authority in c
effecting transfers directed by my Agent);
12. Deposit in and withdraw from any bank or savings account maintained by me any
and all sums, and have access to any safe deposit box rented or held by me atone or jointly
with others and remove from or add to the contents thereof and have bili and absolute
control over same;
13. Cancel or continue my credit cards, charge accounts, and memberships in clubs and
other associations;
14. Compromise claims and institute, settle, appeal or dismiss litigation or other legal
proceedings touching my estate or any part thereof, or touching any matter in which I or my
estate may be in anyway concerned.
15. Sell, assign, transfer, or do any other acts concerning any stocks or bonds which I
may have or possess, and transfer the same in any manner required by any corporation,
company or law,
16. Act on my behalf with respect to federal and state income, gift, and other taxes of all
kinds (including the filing of IRS Forms 1040 and 709 and other applicable federal and state
forms) for all taxable periods, including signing returns, receiving refund checks, waivers
and offers of waivers of restrictions on assessment or collection of deficiencies, waivers of
notice of disallowance of a claim for credit or refund, execution of consents extending the
statutory period for assessment or collection, executing closing agreements under Section
7121 of the Internal Revenue Code, making or not making any elections or consents
available to me under such tax laws including, without limitation consents to split gifts
pursuant to Section 2513 of the Internal Revenue Code, delegating authority or substituting
another representative (including execution of IRS Form 2848), receiving confidential
information, and otherwise perform such acts with respect to all tax matters that I could
perform;
17. Take possession of and manage and dispose of all property, tangible or intangible, in
which I may have an interest and make such use or disposition of it as my Agent may deem
proper;
18. Instruct insurance companies with respect to change of beneficiary of, assignment
of, borrowing against, exercising options under and the conversion (whether to a different
type or not) of life insurance, annuity or endowment policies and receive all payments,
dividends, amounts payable on surrender, proceeds (on maturity, death or otherwise) or
other benefits under any such policy which accrue during my lifetime;
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19. Exercise, waive or disclaim any right or privilege or any interest in property to
which I am now or may hereafter become entitled, and
20. Take custody of my wills, deeds, life insurance policies, . ontracts, securities and c^
other important documents;
21. To create and/or contribute to an Individual Retirement Account(TRA) or employee
benefit plan (including a plan for a self employed individual) for my benefit, to select or
change any selection regarding the time and method of payment of benefits from any such
plan or IRA, to make or change beneficiary designations under any such plan or IRA, to
waive the benefit of any rights I may have as the spouse of any participant in such a plan or
IRA., to give any permitted directions regarding investments under any such pian or IRA,
and to make "roll-overs" of any distribution to me fotn any such plan or IRA.
22. To exercise any rights or elections available to me under any employee welfare plan
or other plan or program maintained by any present, past or future employer of me,
including the right to elect continuation or COBRA coverage under any health benefits plan
and the right to exercise any stock options to the extent I could do so personally.
23. My Agent shall also have the authority to make gifts to, either outright or in trust,
any one or more of my descendants, my spouse or charitable institution, including the
forgiveness of indebtedness, creation of charitable pledges, and the completion of any
charitable pledges I may have made, to make payments for the college and post -graduate
tuition and medical care of any descendant of mine, and to consent to the splitting of gifts
under Internal Revenue Code section 2513 if my spouse makes gifts to any one or more of
my descendants or to a charitable institution, and to pay any transfer taxes that may arise by
reason of such gifts; provided, however, if my Agent is not my spouse then any gifts my
Agent may make, either directly or indirectly, to or for my Agent's benefit shall be limited to
gifts (i) that qualify for the federal gift tax annual exclusion, (ii) that do not exceed in value
the federal gift tax annual exclusion amount in any one calendar year, and (iii) this annual
right shall be noncumulative and shall lapse at the end of each calendar year.
24. Make all arrangements to provide medical attention and services for me including
choosing a physician, choosing a hospital or nursing home, the unrestricted power to
determine upon the advice of a physician whether I am in need of surgery, authorize or
withhold such surgery, and provide such other case, comfort, maintenance and. support as
my agent may determine appropriate and in my best interests, provided, however, that the
authority of my designated agent under my health care power of attorney or advance
medical directive shall take priority in the event of a conflict
Consistent with the above paragraph, the following HIPAA Release Authority is
included to provide the maximum authority for my agent as may be applicable under the
law.
HIPPA Release Authority. I intend for my agent to be treated as I would be with
respect to my rights regarding the use and disclosure of my individually identifiable health
information or other medical records. This release authority applies to any information
governed by the Health Insurance Portability and Accountability Act of 1996. I authorize
any physician, health care professional, dentist, health plan, hospital, clinic, laboratory,
pharmacy or other covered health care provider, any insurance company and the Medical
Information Bureau, Inc. or other health care clearing house that has provided treatment or
services to me, or that has paid for or is seeking payment from me fur such services, to give, –Q
disclose and release to my agent, without restriction, all of my individually identifiable
health infbrmation and medical records regarding many pasrt, present or Euiuic medical W-1 `
mental health conditions,. The authority given my agent shall supersede any prior w
agreement that I may have made with my health care providers to restrict access to or `--1
disclosure or my individually identifiable heath information. The authority given my agent
has no expiration date and shall expire only in the event that I revoke this authority in
writing and deliver it to my health care provider.
Any person, firm or corporation shall be fully protected in relying upon this power
of attorney unless and until he or it shall have received notice of its revocation or notice of
the death of the undersigned. All parties dealing with my Agent are expressly exonerated
from any duty to look to the application of funds or property delivered to my Agent.
The power hereby conferred shall not be affected or terminate on my disability or
subsequent incompetency. Further, subsequent incompetency on my part shall not restrict
the authority of my Agent to use so much of the corpus of my estate as, in the exercise of
my Agent's sole discretion, my Agent may deem appropriate for the reasonable maintenance
and support of my dependents and myself.
My Agent shall incur no liability to me, my estate, my heirs, successors, or assigns
for acting or refraining from acting hereunder, except for willful misconduct or gross
negligence. My Agent shall have no responsibility to make my assets income producing, to
increase the value of my estate, to diversify my investments, or for entering transactions
authorized by this power of attorney so long as my Agent believes such actions are in my
best interest or in the best interest of my estate and those interested in my estate_
This power of attorney shall be governed by the laws of Virginia.
Given under my hand and seal this 1_ day of March, 2016.
�j -1,4— (SEAT,)
DAVID C. HYMAIv�
STATE OF VIRGINIA )
To -wit:
CITYICOUNTY of l li � )
The foregoing instrument was acknowledged before me in my jurisdiction aforesaid
this icy" day of March, 2016, by DAVID C. HYMAN.
�. 4o
otary Public �,.,►.,,,,,
My Commission Expires:
VIRGiNm FREDMCK COUNTY, SCT
This instrument of writing was produced to me on o :G� y 1814
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and with certificate of acknowledgement thereto annexed
was admitted to record. Talc imposed by Sec 58.1802 of s'eJ S( Tf ! QF ��� "•
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3_ + t A , and 58.1-901 have been paid, if assessable
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