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201802968
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Last modified
5/9/2018 4:31:39 PM
Creation date
5/9/2018 4:31:38 PM
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DEEDS
Inst Number
201802968
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X. Authority with respect to personal and family maintenance is neither dependent upon, nor <br />limited by, authority that an Agent may or may not have with respect to GIFTS. <br />Lā (r GIFTS - The Principal authorizes the Agent to make gifts described as: <br />A gift "for the benefit of" a person includes a gift to a trust, an account under the Uniform Transfers <br />to Minors Act, and a tuition savings account or prepaid tuition plan as defined under Internal <br />Revenue Code Section 529, 26 U.S.C. Section 529, as amended. <br />Unless the power of attorney otherwise expressly provides, language in a power of attorney <br />granting general authority with respect to gifts authorizes the Agent only to: <br />i. Make outright to, or for the benefit of, a person including the Agent, a gift of any of the <br />Principal's property, including by the exercise of a presently exercisable general power of <br />appointment held by the Principal, in an amount per donee not to exceed the annual dollar <br />limits of the federal gift tax exclusion under Internal Revenue Code Section 2503(b), 26 <br />U.S.C. Section 2503(b), as amended, without regard to whether the federal gift tax <br />exclusion applies to the gift, or if the Principal's spouse agrees to consent to a split gift <br />pursuant to Internal Revenue Code Section 2513, 26 U.S.C. 2513, as amended, in an <br />amount per donee not to exceed twice the annual federal gift tax exclusion limit; and <br />ii. Consent, pursuant to Internal Revenue Code Section 2513, 26 U.S.C. Section 2513, as <br />amended, to the splitting of a gift made by the Principal's spouse in an amount per donee not <br />to exceed the aggregate annual gift tax exclusions for both spouses. <br />An Agent may make a gift of the Principal's property only as the Agent determines is consistent <br />with the Principal's objectives if actually known by the Agent and, if unknown, as the Agent <br />determines is consistent with the Principal's best interest based on all relevant factors, including: <br />i. The value and nature of the Principal's property; <br />ii. The Principal's foreseeable obligations and need for maintenance; <br />iii. Minimization of taxes, including income, estate, inheritance, generation skipping <br />transfer, and gift taxes; <br />iv. Eligibility for a benefit, a program, or assistance under a statute or regulation; and <br />v. The Principal's personal history of making or joining in making gifts. <br />1-1. SPECIAL INSTRUCTIONS - The Principal SHALL NOT grant any additional <br />powers or instructions to the Agent other than the powers listed under this power of attorney. <br />EFFECTIVE DATE <br />This power of attorney shall begin: <br />(Initial) <br />C ā - Immediately upon the execution of this document. These powers shall not be affected <br />by any subsequent disability or incapacity the Principal may experience in the future. <br />AUTHORITY OF AGENT <br />Any party dealing with the Agent hereunder may rely absolutely on the authority granted herein and <br />need not look to the application of any proceeds nor the authority of the Agent as to any action <br />20180296 <br />Page 10 <br />
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