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HomeMy WebLinkAboutDurable Power of Attorney - COM Letters / Memos - 6/14/2011 1975136 MASON CO WA 06/14/2011 04:07 PM POP MPRY JO CPDY #46567 Reo Fee. $67.00 Pages: 6 glllll(IIIII III IIII IIIIlI(IIIII IIII 1111 Igll!IIII IIIINI ql IIIII lilll IIII IIII AFTER RECORD"4 RE TO: 3s" s aA/ TO BE KEPT TIN THE � PA RCEL FILE DURABLE POWER OF ATTORNEY I,WILLIAM EDWARD CADY(hereinafter called Principal),domiciled and residing in the State of Washington,designate MRRY 30 CADY,as my Attorney-in-Fact.The appointment of the Attorney-in-Fact is made pursuant to RCW 11.94.010. 1. Revocation of Previous Powers of Attorney: The Principal hereby revokes any and all Powers of Attorney which have been previously executed by him and declares that this General Durable Power of Attorney shall supersede any previous Powers of Attorney.This document known as"General Durable Power of Attorney of -WILLIAM EDWARD CADY,"once in effect shall remain in full force and effect until revoked or terminated. 2. Effectiveness: This Power of Attorney shall become effective immediately upon signature of the Principal and shall continue throughout any later disability or incapacity of the Principal. Disability shall include the inability to manage property and affairs effectively for reasons such as:mental illness,dementia,mental deficiency,physical illness or disability,chronic use of drugs,or chronic intoxication.In the event of the Principal's confinement,detention by a foreign power,kidnapping or disappearance,this Power of Attorney shall remain in full force and effect. 3. Designation of Alternative Attorney-in-Fact: The Principal hereby grants the Attorney-in-Fact full power and authority as though she were the absolute owner of the Principal's assets and liabilities,and to perform any and all acts in the name of the Principal,as fully as the Principal could perform if the Principal were personally present. If any Attorney-in-Fact designated by this document is unable or unwilling to act,then such declination may be made in writing.If the Attorney-in-Fact is unable or unwilling to act in the capacity of Attorney-in-Fact and the designated Attorney-in-Fact is unwilling to sign a written declination,then any person with personal knowledge that the designated Attorney-in- Fact is unwilling or unable to act may furnish a written,notarized statement to that effect. Such a written statement shall then make the next alternate Attorney-in-Fact the Attorney-in-Fact. The original of any written statement shall be attached to the original of this Power of Attorney. 4. Nomination of Guardian: The Principal,WILLIAM EDWARD CADY, nominates MARY JO CADY as Guardian of his Estate and Person for consideration by the Court if guardianship proceedings for his Estate or Person are later commenced. This Power of Attorney is executed as an alternative to guardianship. S. Authority and Power of Attorney-in-Fact: The Attorney-in-Fact,as fiduciary,shall act in the best interests of the Principal and shall have authority over the assets of the Principal,whether they are located in the State of Washington,or any other State.These powers shall include: (a)Selling or otherwise disposing of the Principal's separate or community property interest.The Attorney-in-Fact shall have the specific authority to make,alter or revoke life insurance Beneficiary designations;change or assign ownership of any life insurance policies;cash in any life insurance policies owned by the Principal; change the Beneficiary for any retirement account;or cash in any retirement account.The Attorney- in-Fact is also authorized to make transfers of property to any Trust established for the benefit of the Principal or his spouse and to enter into or revoke Community Property Agreements; (b)Signing the name of the Principal to any real property instruments,including deeds, conveyances,mortgages,leases or other documents which are necessary to cant'out the business or personal affairs of the Principal; (c)Opening and closing bank accounts and other financial instruments,making deposits to and withdrawals from bank accounts,and investing and reinvesting funds.This power shall include but is not limited to investments in stocks,bonds and government securities, and withdrawing,transferring or cashing in any and all financial or investment accounts. The Attorney-in-Fact shall have the power to borrow on behalf of the Principal and to endorse and/or cash any and all checks issued by the United States Treasury and/or United States Government,and sign forms and receive checks from the Department of Veterans Affairs; (d)Having access to the Principal's safe deposit box; (e)Signing tax returns on behalf of the Principal and representing or obtaining representation of the Principal at a tax audit; TO BE KEPT IN THE 1975136 Page 2 of 6 06/14/2011 04:07:18 PM Mason County, WA PARCEL FILE (f)Borrowing funds for the benefit of the Principal which may be desirable if the other alternative would be to sell a highly appreciated asset during the life of the Principal,thus forfeiting the stepped-up basis at death; (g)Forgiving or collecting debts owed to the Principal; (h)Redirecting(forwarding)the Principal's mail; (i)Continuing or canceling the credit cards of the Principal; 0)Appealing Medicare denials: The Principal hereby specifically authorizes the Attomey-in-Fact to act on the Principal's behalf to take any action or actions necessary to pursue and appeal any denials of Medicare coverage which have been issued by any health care facility or institution regarding the Principal's eligibility for Medicare benefits; (k)Disclaiming any interest to which the Principal may be entitled,so long as such disclaimer would not adversely affect the quality of care received by the Principal; 0)This Power of Attorney shall not provide the authority for the Attorney-in-Fact to override personal and health care decision making by the Principal,so long as he has the capacity to make such decisions in his own behalf. In case the Principal is incapacitated the Attorney-in-Fact shall have the power to do the following: I (i)Arrange for suitable hospital and/or residential care,including placement decisions;every effort is to be made to keep the Principal in his own home and to provide the necessary care in this setting,so long as practicable; (ii)Make determinations regarding the appropriate health care for the Principal, including but not limited to dealing with attending physicians and determining,in the judgment of the Attorney-in-Fact,which course of treatment is necessary or desirable. The Attorney-in-Fact shall have the authority to hire and discharge physicians who are treating the Principal;enforce the decisions made by the Principal under the Patient Self-Determination Act;and enforce any Health Care Directives previously signed by the Principal; Decision involving the consent to, or rejection of,medical procedures shall be executed pursuant to the following guidelines: (A) Life Sustaining Procedures: In the event principal is diagnosed with a terminal condition,irreversible coma,or irreversible dementia;attorney-in-fact is directed to follow principal's desire to die naturally and shall reject and/or refuse consent for any artificial or technically supplied respiration,resuscitation,nutrition, hydration and/or any mechanical or artificial life sustaining procedures,and TO BE KEPT IN THE 1975136 Page 3 of 6 06/14/2011 04:07:18 PM Mason County, WA PARCEL FILE further if any said procedures are commenced prior to such diagnosis,that said procedures be withdrawn immediately. (B) Course of Medical Treatment:Attorney-in-fact is directed to consent to only those procedures directed at improving the quality of life as opposed to the length of life. In making health care decisions,attorney-in-fact is directed to prioritize mitigation of pain and allow death to occur at home without extraordinary procedures being undertaken even though such decisions may j hasten the onset of death. (iii)Review and/or order the medical records,including protected healthcare information under I-iIPAA,of the Principal. (m)The Principal hereby authorizes his Attorney-in-Fact to make gifts of the assets of the Principal if the Attorney-in-Fact determines,in her best judgment,that such gifting is appropriate in case nursing home care should be required in the future by the Principal,or such care has become necessary. 6. Powers Not Specifically Enumerated: The Attorney-in-Fact shall also have all powers which may be necessary or desirable to provide for the support or maintenance of the Principal,even if these powers are not specifically set forth in this document. 7. Duration; This Durable Power of Attorney becomes effective immediately and shall remain in effect to the extent permitted by Washington State Law or until revoked or terminated,even if it is not certain whether the Principal is alive. If there is any doubt as to whether the Principal is alive,this Power of Attorney shall remain in full force and effect until conclusive proof is obtained,or legal proceedings declare the Principal deceased. 8. Revocation: This Durable Power of Attorney may be revoked,suspended or terminated in the following ways: (a)If the Principal gives written notice to any acting Attorney-in-Fact;and (b)By recording the written notice of revocation in the Office of Recorder or Auditor of County, Washington. TO BE KEPT IN T E 1975136 Page 4 of 6 06/14/2011 04:07:18 PM Mason County, WA PARCEL FI L 9. Termination of This Document: (a)This Power of Attorney shall not be revoked by any subsequent guardianship action, unless specifically set forth in the Court's Order.It is the intention of the Principal that the powers granted herein shall eliminate the need for the appointment of a Guardian of the Person and/or Estate of the Principal. (b)The death of Principal shall revoke this Power of Attorney,unless there is any question regarding whether the Principal is alive, in which case the provisions of Section 7 above shall apply. 10. Accountine by Attorney-in-Fact: The Attorney-in-Fact appointed by this document shall keep records of expenditures and shall account to any later-appointed Personal Representative. 11. Reliance: All persons dealing with the Attorney-in-Fact because of this document shall be entitled to rely upon this Power of Attorney,so long as neither the Attorney-in-Fact,nor any person with whom the Attorney-in-Fact was dealing,had received actual knowledge or notice of any revocation,suspension or termination of this document. Any action taken in good faith by all parties shall be binding on the heirs and Personal Representative(s)of the Principal. 12. Indemnity The Attorney-in-Fact shall not have any personal liability for any acts done by virtue of this Power of Attorney,so long as the acts are done in good faith.The Estate of the Principal shall defend,hold harmless and indemnify the Attorney-in-Fact from all liability for acts done in good faith and not in fraud of the Principal. 13. Applicable Law: The laws of the State of Washington shall govern this Power of Attorney.Although this Power of Attorney is signed in the State of Washington,it is the intention of the Principal that this document be valid in all states and territories of the United States. If any provision in this document is held invalid or inconsistent with the laws of the state where the Principal is located, then the inconsistent or invalid part shall be deleted and disregarded, and the remaining parts shall not be affected. 14. Execution and Date of SiQnine: This Power of Attorney is signed in original the day and year indicated below and is to become effective as provided in Section 2 above. TO BE KEPT IN T 1975136 Page 5 of 6 06/14/2011 04:07:18 PM Mason County, WA PARCEL FI L Power of Attorney to Mary Jo Cady C William Edward y STATE OF WASHINGTON) COUNTY OF On this day personally appeared before me William Edward Cady, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 13 day of 2011. i i `�`�p:�\gg10N fyA'!�'���� ✓ J � � ��ram. o poTARr : NOTARY PUBLIC/TN AND FOR THE STATE of WASHIN TON N j U800, x yam•"yi 1p° 0� residing at � o� '�. 'WAS0 o My commission a ires: 1975136 Page 6 of 6 06/14/2011 04:07:18 PM Mason County, WA TO BE KEPT IN TH PARCEL FILE 1974710 MASON CO WA M/03/2011 11:53 AM POP AFTER RECORDING RETURN TO: 1111111 U1111111 II111111111 Nile 111111111 IIiN 11111 IIIli11 M IN Pages: I{Ii 111 II1 2Va.Ay��y 3YI S-7,--, ,I/� ALa,4�, DURABLE POWER OF ATTORNEY 1,BYRON CADY(hereinafter called Principal),domiciled and residing in the State of Washington,designate MARY JO CADY,as my Attorney-in-Fact.The appointment of the Attorney-in-Fact is made pursuant to RCW 11.94.010. 1. Revocation of Previous Powers of Attorney: The Principal hereby revokes any and all Powers of Attorney which have been previously executed by him and declares that this General Durable Power of Attorney shall supersede any previous Powers of Attorney.This document known as"General Durable Power of Attorney of "BYRON CADY."once in effect shall remain in full force and effect until revoked or terminated. 2. Effectiveness: This Power of Attorney shall become effective immediately upon signature of the Principal and shall continue throughout any later disability or incapacity of the Principal. Disability shall include the inability to manage property and affairs effectively for reasons such as:mental illness,dementia,mental deficiency,physical illness or disability,chronic use of drugs,or chronic intoxication. In the event of the Principal's confinement,detention by a foreign power,kidnapping or disappearance,this Power of Attorney shall remain in full force and effect. I 3. Desimation of Alternative Attorney-in-Fact: The Principal hereby grants the Attomey-in-Fact frill power and authority as though she were the absolute owner of the Principal's assets and liabilities,and to perform any and all acts in the name of the Principal,as fully as the Principal could perform if the Principal were personally present. If any Attorney-in-Fact designated by this document is unable or unwilling to act,then such declination may be made in writing.If the Attorney-in-Fast is unable or unwilling to act in the capacity of Attorney-in-Fact and the designated Attorney-in-Fact is unwilling to sign a written declination,then any person with personal knowledge that the designated Attorney-in- TO BE KEPT IN THE P ARCE-L---Ft Fact is unwilling or unable to act may fiunish a written,notarized statement to that effect.Such a written statement shall then make the next alternate Attorney-in-Fact the Attorney-in-Fact. The original of any written statement shall be attached to the original of this Power of Attorney. 4. Nomination of Guardian: The Principal,BYRON CADY, nominates MARY 30 CADY as Guardian of his Estate and Person for consideration by the Court if guardianship proceedings for his Estate or Person are later commenced.This Power of Attorney is executed as an alternative to guardianship. 5. Authority and Power of Attorney-in-Fact: The Attorney-in-Fact,as fiduciary,shall act in the best interests of the Principal and shall have authority over the assets of the Principal,whether they are located in the State of Washington,or any other State. These powers shall include: (a)Selling or otherwise disposing of the Principal's separate or community property interest.The Attomey-in-Fact shall have the specific authority to make,alter or revoke life insurance Beneficiary designations;change or assign ownership of any life insurance policies;cash in any life insurance policies owned by the Principal;change the Beneficiary for any retirement account;or cash in any retirement account.The Attorney- in-Fact is also authorized to make transfers of property to any Trust established for the benefit of the Principal or his spouse and to enter into or revoke Community Property Agreements; (b)Signing the name of the Principal to any real property instruments,including deeds, conveyances,mortgages,leases or other documents which are necessary to carry out the business or personal affairs of the Principal; (c)Opening and closing bank accounts and other financial instruments,making deposits to and withdrawals from bank accounts,and investing and reinvesting funds. This power shall include but is not limited to investments in stocks,bonds and government securities, and withdrawing,transferring or cashing in any and all financial or investment accounts. The Attorney-in-Fact shall have the power to borrow on behalf of the Principal and to endorse and/or cash any and all checks issued by the United States Treasury and/or United States Government,and sign forms and receive checks from the Department of Veterans Affairs; (d)Having access to the Principal's safe deposit box; I (e) Signing tax returns on behalf of the Principal and representing or obtaining representation of the Principal at a tax audit; TO BE KEPT IN THE PARCEL FILE 1974710 Page 2 of 6 06/03/2011 11:53:17 AM Mason County, WA (f)Borrowing funds for the benefit of the Principal which may be desirable if the other alternative would be to sell a highly appreciated asset during the life of the Principal,thus forfeiting the stepped-up basis at death; (g)Forgiving or collecting debts owed to the Principal; (h)Redirecting(forwarding)the Principal's mail; (i)Continuing or canceling the credit cards of the Principal; 0)Appealing Medicare denials:The Principal hereby specifically authorizes the Attorney-in-Fact to act on the Principal's behalf to take any action or actions necessary to pursue and appeal any denials of Medicare coverage which have been issued by any health care facility or institution regarding the Principal's eligibility for Medicare . benefits; (k)Disclaiming any interest to which the Principal may be entitled,so long as such disclaimer would not adversely affect the quality of care received by the Principal; (1)This Power of Attorney shall not provide the authority for the Attorney-in-Fact to override personal and health care decision making by the Principal,so long as he has the capacity to make such decisions in his own behalf. In case the Principal is incapacitated the Attorney-in-Fact shall have the power to do the following: (i)Arrange for suitable hospital and/or residential care,including placement decisions;every effort is to be made to keep the Principal in his own home and to provide the necessary care in this setting,so long as practicable; (H)Make determinations regarding the appropriate health care for the Principal, including but not limited to dealing with attending physicians and determining,in the judgment of the Attorney-in-Fact,which course of treatment is necessary or desirable. The Attomey-in-Fact shall have the authority to hire and discharge physicians who are treating the Principal; enforce the decisions made by the Principal under the Patient Self-Determination Act;and enforce any Health Care Directives previously signed by the Principal; Decision involving the consent to,or rejection of,medical procedures shall be executed pursuant to the following guidelines: (A) Life Sustaining Procedures: In the event principal is diagnosed with a terminal condition,irreversible coma,or irreversible dementia;attorney-in-fact is directed to follow principal's desire to die naturally and shall reject and/or refuse consent for any artificial or technically supplied respiration,resuscitation,nutrition, hydration and/or any mechanical or artificial life sustaining procedures,and 1974710 Page 3 of 6 06/03/2011 11:53:17 AM Mason County, WA TO gE KEPT IN THE PARCEL FILE - further if any said procedures are commenced prior to such diagnosis,that said procedures be withdrawn immediately. (B) Course of Medical Treatment: Attorney-in-fact is directed to consent to only those procedures directed at improving the quality of life as opposed to the length of life. In making health care decisions,attorney-in-fact is directed to prioritize mitigation of pain and allow death to occur at home without extraordinary procedures being undertaken even though such decisions may hasten the onset of death. (iii)Review and/or order the medical records,including protected healthcare information under HIPAA,of the Principal. (m)The Principal hereby authorizes his Attomey-in-Fact to make gifts of the assets of the Principal if the Attomey-in-Fact determines,in her best judgment,that such gifting is appropriate in case nursing home care should be required in the future by the Principal,or such care has become necessary. 6. Powers Not Specifically Enumerated: The Attomey-in-Fact shall also have all powers which may be necessary or desirable to provide for the support or maintenance of the Principal,even if these powers are not specifically set forth in this document. 7. Duration: This Durable Power of Attorney becomes effective immediately and shall remain in effect to the extent permitted by Washington State Law or until revoked or terminated,even if it is not certain whether the Principal is alive.If there is any doubt as to whether the Principal is alive,this Power of Attorney shall remain in full force and effect until conclusive proof is obtained,or legal proceedings declare the Principal deceased. 8. Revocation: This Durable Power of Attorney may be revoked, suspended or terminated in the following ways: (a)If the Principal gives written notice to any acting Attomey-in-Fact; and (b)By recording the written notice of revocation in the Office of Recorder or Auditor of County, Washington. TO BE KEPT IN THE PARCEL FILE 1974710 Page 4 of 6 06/03/2011 11:53:17 AM Mason County, WA 9. Termination of This Document: (a)This Power of Attorney shall not be revoked by any subsequent guardianship action, unless specifically set forth in the Court's Order.It is the intention of the Principal that the powers granted herein shall eliminate the need for the appointment of a Guardian of the Person and/or Estate of the Principal. (b)The death of Principal shall revoke this Power of Attorney,unless there is any question regarding whether the Principal is alive,in which case the provisions of Section 7 above shall apply. 10. Accounting by Attorney-in-Fact: The Attorney-in-Fact appointed by this document shall keep records of expenditures and shall account to any later-appointed Personal Representative. 11. Reliance: All persons dealing with the Attorney-in-Fact because of this document shall be entitled to rely upon this Power of Attorney,so long as neither the Attorney-in-Fact,nor any person with whom the Attorney-in-Fact was dealing,had received actual knowledge or notice of any revocation,suspension or termination of this document.Any action taken in good faith by all parties shall be binding on the heirs and Personal Representative(s)of the Principal. 12. Indemnity: The Attorney-in-Fact shall not have any personal liability for any acts done by virtue of this Power of Attorney,so long as the acts are done in good faith.The Estate of the Principal g shall defend,hold harmless and indemnify the Attorney-in-Fact from all liability for acts done in good faith and not in fraud of the Principal. 13. Aaolicable Law The laws of the State of Washington shall govern this Power of Attorney.Although this Power of Attorney is signed in the State of Washington,it is the intention of the Principal that this document be valid in all states and territories of the United States.If any provision in this document is held invalid or inconsistent with the laws of the state where the Principal is located, then the inconsistent or invalid part shall be deleted and disregarded,and the remaining parts shall not be affected. i 14. Execution and Date of Simaing: This Power of Attorney is signed in original the day and year indicated below and is to become effective as provided in Section 2 above. TO BE KEPT IN THE 1974710 Page 5 of 6 06/03/2011 11:53:17 AM Mason County, XAARCEL FILE B ON CADY STATE OF ALASKA ) ss. COUNTY OF ) On this day personally appeared before me BYRON CADY, to me known to be the individual described in and who executed the within and foregoing instrmnent, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this �'^ day of 2011. NOTARY i = NOT Y PUB IN AND FOR THE '••PUBLIC STATE of Alaska 4g,c� residing at W f., K \\�� My commission exp es: TO BE KEPT IN THE PARCEL FILE 1974710 Page 6 of 6 06/03/2011 11:53:17 AM Mason County, WA i 1975137 MASON CO WA 06/14/2011 04:07 PM POA MARY JO CADY #46567 Re, F��: 567.00 Pallas: 6 111111111111111111111111 111111 IIII 11111111 I IIII 1111111 I I 1111111111!I AFTER RECORDING URN TO: r DURABLE POWER OF ATTORNEY I,ROBERT WARREN CADY(hereinafler called Principal),domiciled and residing in the State of Washington,designate MARY JO CADY,as my Attorney-in-Fact.The appointment of the Attorney-in-Fact is made pursuant to RCW 11.94.010. 1. Revocation of Previous Powers of Attorney: The Principal hereby revokes any and all Powers of Attorney which have been previously executed by him and declares that this General Durable Power of Attorney shall supersede any previous Powers of Attorney. This document known as"General Durable Power of Attorney of "ROBERT WARREN CADY,"once in effect shall remain in full force and effect until revoked or terminated. 2. Effectiveness: This Power of Attorney shall become effective immediately upon signature of the Principal and shall continue throughout any later disability or incapacity of the Principal. Disability shall include the inability to manage property and affairs effectively for reasons such as: mental illness,dementia,mental deficiency,physical illness or disability,chronic use of drugs,or chronic intoxication. In the event of the Principal's confinement,detention by a foreign power,kidnapping or disappearance,this Power of Attorney shall remain in full force and effect. 3. DeAmation of Alternative Attorney-in-Fact: The Principal hereby grants the Attorney-in-Fact full power and authority as though she were the absolute owner of the Principal's assets and liabilities,and to perform any and all acts in the name of the Principal,as fully as the Principal could perform if the Principal were personally present. If any Attorney-in-Fact designated by this document is unable or unwilling to act,then such declination may be made in writing. If the Attorney-in-Fact is unable or unwilling to act in the capacity of Attorney-in-Fact and the designated Attomey-in-Fact is unwilling to sign a written declination,then any person with personal knowledge that the designated Attorney-in- TO BE KEPT IN THE PARCEL FILE Fact is unwilling or unable to act may furnish a written,notarized statement to that effect. Such a written statement shall then make the next alternate Attorney-in-Fact the Attorney-in-Fact. The original of any written statement shall be attached to the original of this Power of Attorney. 4. Nomination of Guardian: The Principal,ROBERT WARREN CADY,nominates MARY JO CADY as Guardian of his Estate and Person for consideration by the Court if guardianship proceedings for his Estate or Person are later commenced.This Power of Attorney is executed as an alternative to guardianship. 5. Authority and Power of Attorney-in-Fact: The Attorney-in-Fact,as fiduciary, shall act in the best interests of the Principal and shall have authority over the assets of the Principal,whether they are located in the State of Washington,or any other State.These powers shall include: (a)Selling or otherwise disposing of the Principal's separate or community property interest.The Attorney-in-Fact shall have the specific authority to make,alter or revoke life insurance Beneficiary designations;change or assign ownership of any life insurance policies;cash in any life insurance policies owned by the Principal;change the Beneficiary for any retirement account;or cash in any retirement account. The Attorney- in-Fact is also authorized to make transfers of property to any Trust established for the benefit of the Principal or his spouse and to enter into or revoke Community Property Agreements; (b)Signing the name of the Principal to any real property instruments,including deeds, conveyances,mortgages, leases or other documents which are necessary to carry out the business or personal affairs of the Principal; (c)Opening and closing bank accounts and other financial instruments,making deposits to and withdrawals from bank accounts,and investing and reinvesting funds.This power shall include but is not limited to investments in stocks,bonds and government securities, and withdrawing,transferring or cashing in any and all financial or investment accounts. The Attorney-in-Fact shall have the power to borrow on behalf of the Principal and to endorse and/or cash any and all checks issued by the United States Treasury and/or United States Government,and sign forms and receive checks from the Department of Veterans Affairs; (d)Having access to the Principal's safe deposit box; (e)Signing tax returns on behalf of the Principal and representing or obtaining representation of the Principal at a tax audit; TO BE KEPT IN THE PARCEL FILE 1975137 Page 2 of 6 06/14/2011 04.07:18 PM Mason County, WA (f)Borrowing funds for the benefit of the Principal which may be desirable if the other alternative would be to sell a highly appreciated asset during the life of the Principal,thus forfeiting the stepped-up basis at death; (g)Forgiving or collecting debts owed to the Principal; (h)Redirecting(forwarding)the Principal's mail; (i)Continuing or canceling the credit cards of the Principal; 0)Appealing Medicare denials:The Principal hereby specifically authorizes the Attorney-in-Fact to act on the Principal's behalf to take any action or actions necessary to pursue and appeal any denials of Medicare coverage which have been issued by any health care facility or institution regarding the Principal's eligibility for Medicare benefits; (k)Disclaiming any interest to which the Principal may be entitled, so long as such disclaimer would not adversely affect the quality of care received by the Principal; (1)This Power of Attorney shall not provide the authority for the Attorney-in-Fact to override personal and health care decision making by the Principal,so long as be has the capacity to make such decisions in his own behalf. In case the Principal is incapacitated the Attorney-in-Fact shall have the power to do the following: (i)Arrange for suitable hospital and/or residential care,including placement decisions;every effort is to be made to keep the Principal in his own home and to provide the necessary care in this setting,so long as practicable; (ii)Make determinations regarding the appropriate health care for the Principal, including but not limited to dealing with attending physicians and determining,in the judgment of the Attorney-in-Fact,which course of treatment is necessary or desirable. The Attorney-in-Fact shall have the authority to hire and discharge physicians who are treating the Principal;enforce the decisions made by the Principal under the Patient Self-Determination Act;and enforce any Health Care Directives previously signed by the Principal; Decision involving the consent to,or rejection of,medical procedures shall be executed pursuant to the following guidelines: (A) Life Sustaining Procedures: In the event principal is diagnosed with a terminal condition,irreversible coma,or irreversible dementia;attorney-in-fact is directed to follow principal's desire to die naturally and shall reject and/or refuse consent for any artificial or technically supplied respiration,resuscitation,nutrition, hydration and/or any mechanical or artificial life sustaining-prgce u E'and TO KEPT IN T H E PARCEL FILE 1975137 Page 3 of 6 06/14/2011 04:07:18 PM Mason County, WA further if any said procedures are commenced prior to such diagnosis,that said procedures be withdrawn immediately. (B) Course of Medical Treatment:Attorney-in-fact is directed to consent to only those procedures directed at improving the quality of life as opposed to the length of life. in making health care decisions,attorney-in-fact is directed to prioritize mitigation of pain and allow death to occur at home without extraordinary procedures being undertaken even though such decisions may hasten the onset of death. (iii)Review and/or order the medical records,including protected healthcare information under I WAA,of the Principal. (m)The Principal hereby authorizes his Attorney-in-Fact to make gifts of the assets of the Principal if the Attorney-in-Fact determines,in her best judgment,that such gifting is appropriate in case nursing home care should be required in the future by the Principal,or such care has become necessary. 6. Powers Not Specifically Enumerated: The Attorney-in-Fact shall also have all powers which may be necessary or desirable to provide for the support or maintenance of the Principal,even if these powers are not specifically set forth in this document. 7. Duration: This Durable Power of Attorney becomes effective immediately and shall remain in effect to the extent permitted by Washington State Law or until revoked or terminated,even if it is not certain whether the Principal is alive.If there is any doubt as to whether the Principal is alive,this Power of Attorney shall remain in full force and effect until conclusive proof is obtained,or legal proceedings declare the Principal deceased. 8. Revocation: This Durable Power of Attorney may be revoked, suspended or terminated in the following ways: (a)If the Principal gives written notice to any acting Attorney-in-Fact; and (b)By recording the written notice of revocation in the Office of Recorder or Auditor of County, Washington. TO BE KEPT IN THE PARCEL FILE 1975137 Page 4 of 6 06/14/2011 04:07:18 PM Mason County, WA 9. Termination of This Document: (a)This Power of Attorney shall not be revoked by any subsequent guardianship action, unless specifically set forth in the Court's Order.It is the intention of the Principal that the powers granted herein shall eliminate the need for the appointment of a Guardian of the Person and/or Estate of the Principal. (b)The death of Principal shall revoke this Power of Attorney,unless there is any question regarding whether the Principal is alive,in which case the provisions of Section 7 above shall apply. 10. Accounting by Attorney-in-Fact: The Attorney-in-Fact appointed by this document shall keep records of expenditures and shall account to any later-appointed Personal Representative. 11. Reliance: All persons dealing with the Attorney-in-Fact because of this document shall be entitled to rely upon this Power of Attorney,so long as neither the Attorney-in-Fact,nor any person with whom the Attorney-in-Fact was dealing,had received actual knowledge or notice of any revocation,suspension or termination of this document.Any action taken in good faith by all parties shall be binding on the heirs and Personal Representative(s)of the Principal. 12. Indemnity• The Attorney-in-Fact shall not have any personal liability for any acts done by virtue of this Power of Attorney,so long as the acts are done in good faith.The Estate of the Principal shall defend,hold harmless and indemnify the Attorney-in-Fact from all liability for acts done in good faith and not in fraud of the Principal. 13. ADPHcable Law: The laws of the State of Washington shall govern this Power of Attorney.Although this Power of Attorney is signed in the State of Washington,it is the intention of the Principal that this document be valid in all states and territories of the United States.If any provision in this document is held invalid or inconsistent with the laws of the state where the Principal is located, then the inconsistent or invalid part shall be deleted and disregarded,and the remaining parts shall not be affected. 14. Execution and Date of Signing: This Power of Attorney is signed in original the day and year indicated below and is to become effective as provided in Section 2 above. TO BE KEPT IN THE 1975137 Page 5 of 6 06/14/2011 04:07:18 PM Mason County, WA PARCEL FILE Power of Attorney to Mary Jo Cady ROBERT WARIkEN CADY ' STATE OF WAP SHINGTON) COUNTY OF &-i't ) On this day personally appeared before me ROBERT WARREN CADY,to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned- GIVEN - GIVEN under my hand and official seal this day of i/r 2011. WEST '' C�-\PRY 'p Old! `1 9 :O ./ 2 VOTARY � IC IN AND FOR THE u P\jv- �h STATE of WAMGM i�, s•'' 3-21'••,�?��6siding at -TgTF of*N 'Ijl�� My commission expires: TO BE KEPT IN THE PARCEL FILE 1975137 Page 6 of 6 06/14/2011 04:07:18 PM Mason County, WA Jun. 20. 2014 3:25PM Charleston Marriott No. 0961 P. 2 ArTf,R Faco 1JING RETURN TO: TO BE KEPT IN THE PARCEL FILE LIMITED pOVI'ER OF ATTO1lZNEY FOR REAL ESTATE/PERMIT TRANSACTION ON]L1' I,MARY 10 CADY (hereinafter called Principal),domiciled and residing in the State of Washington, designates DONALD CADY, as my Attorney-in-Fact.The appointment of the Attorney-in-Fact is made pursuant to RCW 11.94.010. 1. Effectiveness: This Power of Attorney shall become effective immediately upon signature of the Principal and shall continue throughout anv later disability or incapacity of the Principal. Disability shall include the inability to manage property and affairs effectively for reasons such as:mental illness,dementia,mental deficiency,physical illness or disability,chronic use of drugs.or chronic intoxication.In the event of the Principal' confinement, detention by a foreign . effect. ' full force and e power,kidnapping or disappearance,this Power of Attorney shall remain In 2. Authority and Power of Attorney4ti-Fact: The Attorney-in-Fact, as fiduciary,shall have the following limited power of attorney with respect to the following designated property of the Principal. These powers shall specifically include: a. Executing any documents on behalf of the Principal regarding real property instruments and permits specifically associated with the Taco Bell development application on Mason County Tax Parcel Number 12329-41-00080; 123z9-41- 00090 and 12329-41-00081. 3. Powers Not Specifically Enumerated: The Altomey-in-Fact shall also have all powers which may be necessary or desirable to duties set forth in Paragraph 2, even if these powers are not specifically set forth in this document. 4. Duration' This Durable Power of Attorney becomes effective immediately and shall remain in effect to the event permitted by Washington State Law or until revoked or terminated, even if it is not certain whethex the Principal is alive.If there is any doubt as to whether the Principal are 7.d 7091-076-nOP U08uuor uaao)J e17'11 hl unr n7 Jun. 20. 2014 3:25PM Charleston Marriott No. 0961 P. 3 alive.this Power of Attorney shall remain in full force and effect until conclusive proof is obtained, or legal proceedings declare the Principal deceased. S. R_eliance• All persons dealing with the Attorney-in-Fact because of this document shall be entitled to rely upon this Power of Attorney,'so long as neither the Attorney-in-Fact, nor any person with whom the Attorney-in-Fact was dealing, had received actual knowledge or notice of any revocation,suspension or termination of this document.Any action taken in good faith by all parties shall be binding on the heirs and Personal Representative(s)of the Principal. 6. Applicable Law: The laws of the State of Washington shall govern this Power of Attorney. It is the intention of the principal that this document be'valid in all states and territories of the United States. If any provision in this document is held invalid or inconsistent with the laves of the state where the Principal are located,then the inconsistent or invalid part shall be.deleted and disregarded, and the remaining parts shall not be affected. '/'&0&6/ BATE VARY r D STATE OF Ac" . ss. COUNTY OF be r ) On this day personally appeared before me MARY 10 CADY, to me known to be the individual described in and who executed the within and foregoing instrument: and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of ,2014. TO BE KEPT IN THE PARCEL FILE Y PUBLIC IN AND FO ,THE STATE of `�1 41� residing atMy commission commissikexires: PIMA DI~SAI NOTARY PUBLIC ATE OF SOUTH CAROLMYIe+ww�A��30.MM c•d 70ai-07+,-noc uosuuor ueami 871:1.I. 1171. unr ni Jun. 20. 2014 3:25PM Charleston Marriott No. 0961 P. 4 DESIGNATION OF MANAGERS—CADY DROYRERS LLC The following individuals are designated as Managers of Cady Brothers LLC pursuant to section 7.01 of the operating agreement: DONALD R.CADY ALAN G. CADY MARY 10 CADY With respectto the Permit application for development on Mason County Tax Parcels 12329-41-00081, 90,and 80 submitted June 2014,to the extent such permit application requires signature by Cady Brothers LLC, Donald R.Cady is vested with authority to execute the same on behalf of the Cady Brothers LLC. Approved by all rothers LLC be Donald R.Cady Byron Cady,with PDA vested in Mary Jo Cad ,Q Robert Cady,with POA vested in Mary Jo Cady William Cad4-lut y,wit vested 1 ary 1 C dyAz I Alan Cady TO BE KEPT IN THE PARCEL FILE n•d immillrr imanu R77 11 +.1 uhr nr Jun. 20. 2014 3:25PM Charleston Marriott No. 0961 P. 5 DESIGNATION OF MANAGERS—CADY FAMILY LLC The following individuals are designated as Managers of Cady Family LLC pursuant the operating agreement: DONALD R.CADY ALAN G.CADY MARY JO CADY With respect to the permit application for development on Mason County Tax Parcels 12329-43-00081, 90,and 80 submitted June 2014,to the extent such permit application requires signature by Cady Family LLC,Donald R.Cady is vested with authority to execute the same on behalf of the Cady Family LLC. Approved by all Cad F mily LLC manrs: Donald R.Cady Alan Cady Mary 10 Cady TO BE KEPT IN THE PARCEL FILE C-d 7nAl-0747-ne0 tinsi mor iincin1J P77.*1 1 +71 tine 07