DURABLE POWER OF ATTORNEY
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DURABLE POWER OF ATTORNEY
BY THIS DURABLE POWER OF ATTORNEY I, Arthur Miller, Jr., of the City of
Clearwater, County of Pin ell as, State of Florida, appoint my daughter, Judy Miller, as my attorney-
in-fact to take any action necessary to manage my affairs, If Judy Miller is unable or unwilling to
act, then my daughter, Ethel Wilson, shall so serve. Any acting attorney-in-fact's inability to serve
shall be evidenced either by [1] an affidavit signed by the acting attorney-in-fact, if able, or, if not
able, then signed by the successor attorney-in-fact or [2] by a copy of the death certificate of the
acting Attorney,
This Durable Power of Attorney is not affected by subsequent incapacity of the principal,
except as provided in ~709.08 of the Florida Statutes, and it shall be immediately exercisable from
the date of the execution of this Durable Power of Attorney. All acts done by my attorney-in-fact
pursuant to this power shall bind me, my heirs, devisees and personal representatives, This Durable
Power of Attorney is nondelegable and shall be valid until such time as the donor shall die, revoke
the power, or be adjudged totally or partially incompetent unless the court determines that certain
authority granted by this Durable Power of Attorney is to remain exercisable by the attorney-in-fact.
All of my property and interests in property are subject to this Durable Power of Attorney,
" Without limiting the broad powers conferred by the preceding provisions, I authorize my
attorney-in- fact:
( a) To collect all sums of money and other property that may be payable or belong to me,
and to execute receipts, releases, cancellations or discharges,
(b) To settle any account in which I have any interest and to payor receive the balance
of that account as the case may require.
(c) To have access to and to enter any and all safe deposit boxes or other places of
deposit, held or possessed in my name, and to deposit therein or remove therefrom any or all
securities, documents, or other items of personal property whatsoever, whenever my attorney-in-fact
shall deem it necessary or proper to do so; provided always that any institution in which any such
safe deposit box may be located shall not incur any liability to me or my estate as a result of
permitting my attorney-in-fact to exercise this power.
(d) To borrow money on such terms and with such security as my attorney-in-fact may
think fit and to execute all notes, mortgages, credit cards and other instruments that my attorney-in-
fact finds necessary or desirable and to borrow funds to avoid liquidation of assets,
(e) To deposit to, or draw upon, any or all checking; commercial, or savings accounts
wherever situated now standing in my name or hereafter opened in my name, by my attorney-in-fact,
to acquire and redeem certificates of deposit in banks, savings and loan associations, and other
'financial institutions whenever, in the opinion of my attorney-in-fact, it is necessary or appropriate
so to do.
(f) To vote at all meetings of stockholders of any company and otherwise act as my
attorney-in-fact or proxy with respect to my shares of stock or other securities or investments that
now or hereafter belong to me, and to appoint substitutes or proxies with respect to any shares of
stock,
Prepared by:
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Lind~ Suzzanne Griftin. PA - 1455 Court Street- Clearwater, FL 33756 - Telephone 727.449.9800
(g) To prepare, sign, and file joint or separate income tax returns or declarations of
estimated tax for any year or years; to prepare, sign, and file tax and/or generation-skipping transfer
tax ("GSTT") returns with respect to gifts and or generation-skipping transfers made by me for any
year or years; to consent to any gift and to utilize any gift-splitting provision or other tax election,
including disclaimers and allocation of GSTT exemption; and to prepare, sign, and file any claims
for refund of any tax, requests for extensions of time, ruling requests, petitions to the Tax Court or
other courts regarding tax matters, and any and all other tax-related documents, including, without
limitation, receipts, offers, waivers, consents (including, but not limited to, consents and agreements
under Section 2032A ofthe Internal Revenue Code (the "Code") closing agreements and any Power
of Attorney form (e.g" Form 2848) required by the Internal Revenue Service or other taxing
authority with respect to any tax period; to pay taxes due, collect refunds, post bonds, receive
confidential information, and contest deficiencies determined by the Internal Revenue Service or
other taxing authorities; to exercise any elections I may have under federal, state or local tax law;
and generally to represent me in all tax matters and proceedings of all kinds and for all periods
hefore all offices and officers of the Llltemal Revenue Service and any other taxing authority.
(h) To sell, rent, lease, conveyor transfer for any term or exchange any real estate
(including my homestead) or interests (including a life estate) in it for such considerations and upon /'
such terms and conditions as my attorney-in-fact may see fit, and to execute, acknowledge and
deliver all instruments conveying or encumbering title to property owned by me. This shall include
the power to transfer real estate to a trustee of a trust created by me, otherwise known as a grantor
li ving trust.
(i) To enter into and upon all and each of my real property, and to let, manage, and
improve the same or any part thereof, and to repair or otherwise improve or alter, and to insure any
buildings or structures thereon.
(j) To commence, prosecute, discontinue, or defend all actions or other legal
proceedings, including, but not limited to bankruptcy, foreclosure and tenant or landlord evictions,
touching my estate or any part thereof or touching any matter in which I or my estate may be in
anyway concerned; and to have, sue, and take all lawful ways and means and legal and equitable
remedies, procedures, and writs in my name for the collection or recovery of any item or matter in
which I have or may acquire an interest, and to compromise, settle, and agree for the same and to
make, execute, and deliver for me and in my name all endorsements, acquittances, releases, receipts,
or other sufficient discharges for the same.
(k) To purchase, sell, exchange, borrow, mortgage, invest, reinvest, collect, redeem and
otherwise manage all of my properties, real, personal (tangible and intangible), and mixed, including,
but not limited to, tenancy in common property, joint tenancy with right of survivorship property,
tenancy by the entirety property, property over which the principal owns a general, limited or special
power of appointment, common and preferred stocks, annuities, insurance policies, including, but
not limited to, health, disability and life, including the power to cash in or change ownership or
beneficiary designations of life insurance policies, common trust funds, mutual funds, bond,
debentures, U.S, Savings Bonds, Series E, EE, H, and HH, U.S. Treasury Bonds, U.S. Treasury
Notes, U.S, Treasury Bills, and other securities of the United States, of any type, kind, class, or
denomination, whether bearer or registered and to execute all assignments and other instruments
necessary or proper for transferring them to the purchaser or purchasers, and to give good receipts
and discharges for all money payable in respect to them.
. (1) To engage in and actively transact any and all lawful business of whatever nature,
kmd or form, to commence or continue or terminate or liquidate any business, to form partnerships
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Linda Suzzanne Griffin, P.A. - 1455 Courl Street - Clearwater. FL 33751i _ Telenhnnp 7?7 44Q QRnn
(general and/or limited) or corporations with any persons or entities, to subscribe for stock or other
securities, to contribute any property to any partnership or corporation for an interest therein, to
amend any partnership agreement and/or certificate of partnership, whether limited or general, and
to enter into buy-sell agreements.
(m) To exercise any powers and any duties vested in me, whether solely or jointly, with
any other or others as executor, administrator, or trustee or in any other fiduciary capacity, so far as
such power or duty is capable of validly being delegated.
(n) To apply for a Certificate of Title upon, and endorse and transfer title to, any
automobile, truck, pickup, van, motorcycle, or other motor vehicle, and to represent in such transfer
assignment that the title to said motor vehicle is free and clear of all liens and encumbrances except
those specifically set forth in such transfer assignment.
(0) To invest and manage annuities and retirement plzns, including individual retirement
accounts, rollovers and voluntary contributions, and to change custodians on such annuities, plans
and/or accounts which includes the ability to make a beneficiary designation which is the same
beneficiary designation prior to the custodial change.
(p) To comp-Iete charitable pledges.
(q) To hire counsel and otherwise act to represent and/or protect my interest in any legal
action; to hire investment counsel, accountants, depositaries, custodians, brokers, paralegals, law
clerks and other agents; to compensate the attorney-in-fact and any agent hired by the attorney-in-
fact; and to settle, pursue or appeal litigation on behalf of myself.
(r) To assign and convey any or all of my estate (consisting of any property, real,
personal and mixed, of what soever kind, wheresoever located, and whensoever acquired) to the then
serving trustee or trustees of any Trust created for my benefit, to be managed in accordance with the
terms of said Trust Agreement, and the power to fund existing trusts, create and fund revocable or
irrevocable trusts, and/or create and fund family limited partnerships, limited liability corporations
or limited liability partnerships in accordance with my estate plan or if my attorney-in-fact
determines that it is in my best interest to make such transfers.
(s) To make gifts of any of my real or personal property to my lineal descendants (and
their spouses) as my attorney-in-fact shall see fit, consistent with my estate plan or ifitis in my best
interest to make such gifts. Any gift to a minor may be made to any appropriate custodian for the
minor under a Uniform Transfers to Minors Act or to a trustee of a trust created for the minor's
benefit or to a tuition savings account or prepaid tuition plan as defined under Section 529 of the
Code ("529 Account") for the benefit of such individual (without regard to who is the account owner
of, or responsible person for, such account), or to an Education IRA for the benefit of such
individual. Such gifts shall not exceed the amounts allowed per donee per calendar year under
Section 2053 of the Code or the maximum amount allowed under Section 2505 of the Code'
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provided further, however, that the aggregate amount of gifts made in anyone calendar year to my
attorney-in-fact shall not exceed the greater of 5% of my assets at the time of the gift, or $5,000 or
the amount allowed under Section 2514( e) of the Code as not to cause such a power to be a general
power of appointment.
(t) To exercise all rights granted to an account owner of a 529 Account including, but
not limited to, the right to fund the account, make additional contributions, change investment
allocations, rollover into other 529 Plans and direct a qualified or non-qualified withdrawal; to
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Linda Suzzanne Griffin. P.A. ... 14:';:'\ ("mlrt ~trppt _ rlp~r\l!'ltp... J:r 'l1'71\~ Tnlo......n_... """7 A An nOl\n
change the beneficiary (provided the new beneficiary of the account or plan is one of my
descendants, the spouse of one of my descendants, or a sibling or cousin of the old beneficiary), and
to change the account owner (but only upon the death or permanent incapacity ofthe account owner),
and provided the new account owner is my spouse, one of my descendants, the spouse of one of my
descendants, the beneficiary, a sibling, parent or guardian ofthe beneficiary, or the trustee of a trust
of which the beneficiary is a beneficiary. Notwithstanding the preceding provisions of this
paragraph, in no event shall my attorney have the power to name himself or herself as beneficiary
or to change the account owner to himself or herself. Ifthe governing rules for a 529 Account permit
me to designate an account owner in become incapacitated, then my attorney shall have no power
over such 529 Account while a successor account owner so designated is acting,
(u) To do anything regarding my estate, property and affairs that I could do myself.
(v) To redirect my mail.
(w) To make advance arrangements and prepay my funeral, cremation and/or burial.
(x) To make gifts of my real or personal property for educational or medical expenses
pursuant to Section 2503( c) of the Code consistent with my estate plan or, if it is in my best interest,
to make such gifts.
(y) To arrange for and consent to medical, therapeutical and surgical procedures for the
principal, including the administration of drugs.
(z) To apply for and collect any governmental benefits including, but not limited to,
Medicare, Medicaid, Social Security, etc.; to create, fund and maintain a trust created under 42
D,S.C. 1396(d)(4)(B), as amended to qualify for Medicaid or any other public assistance; to transfer
every kind of property, real, personal, tangible, intangible or mixed, including homestead real
property, so that I might be eligible for any programs of public benefit including. but not limited to,
Supplemental Social Security (SSI), Federal Social Security Disability Insurance (SSDI), Medicaid
(or state equivalent), state insurance, Florida Supplemental Income Program (FFSIP), Old Age
Survivor and Disability Insurance Program (OASDI), and Aid in Attendance from the Veterans
Administration. Ifmy attorney-in-fact transfers any assets pursuant to this paragraph, then the assets
transferred may be distributed to anyone in my family, including my attorney-in-fact. I acknowledge
and consent to said transfers of all of my property to my attorney-in-fact or to anyone in my family
for this purpose provided, however, that my attorney-in- fact, prior to making any transfers to himself
or herself, his or her spouse, or any person dependent upon my attorney-in- fact, shall first obtain my
written consent or, in am not capable of giving informed consent, then the written consent of all
adult members of my family, other than my attorney-in-fact, who would be entitled to my residuary
estate in died immediately before the transfer was made. Provided, further, that in no event is my
attorney-in- fact authorized or permitted to make any distributions pursuant to the above power to his
or her estate, his or her creditors, or the creditors of his or her estate. My attorney-in-fact shall pay
from my assets any gift tax that may arise by reason of any gift. Any transfers pursuant to this
paragraph must comply with all the laws and regulations pertaining to eligibility for said programs.
(aa) To authorize payments for the care of pets to include food, water, veterinary care,
grooming, exercise and socialization.
(bb) To claim, disclaim or waive any interest in property that I have or would otherwise
receive, including, but not limited to, homestead and elective share.
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(cc) To execute any document on my behalf for the purpose of qualifying for any publici
private benefit; and, if when applying for Medicaid benefits, my income exceeds the income cap, to
create an irrevocable income trust, and to transfer so much of my income to said trust as will enable
me to qualify for Medicaid benefits.
(dd) If any third party (including but without limitation stock transfer agents, title
insurance companies, banks, credit unions, and savings and loan associations) with whom my
attorney- in-fact seeks to engage in transactions refuses to recognize the authority of my attomey-in-
fact to act on my behalf pursuant to this Power of Attorney, I authorize my attorney-in-fact to sue
and recover from such third party all resulting damages, costs, expenses, and attorneys' fees that are
incurred because of such failure to act. The costs, expenses, and attorneys' fees incurred in bringing
such action shall be charged against my general assets, to the extent that they are not recovered from
said third party,
(ee) To make life prolonging decisions.
(ff) The incapacity of my attorney-in-fact or any successor attorney-in-fact shall be
deemed a resignation by such individual as attorney-in-fact or successor attorney-in-fact as the case
may be. For purposes ofthis paragraph, a person's incapacity shall be deemed to exist when (a) the
person's incapacity has been declared by a court of competent jurisdiction, or (b) when a committee
for such person has been appointed, or (c) upon execution of a certificate by two (2) physicians
(neither of who is related to such person and each of whom is licensed to practice medicine in the
State of Florida or in the state where the attorney-in- fact resides) which states the physicians' opinion
that the person is physically or mentally incapable of managing his or her personal or financial
affairs. The effective date of such incapacity shall be the date of the decree adjudicating the
incapacity, the date of the decree appointing the conservator, or the date ofthe physicians' certificate,
as the case may be.
The powers conferred upon my attorney-in-fact extend to all of my right, title and interest
in property in which I may have an interest jointly with any other person, whether in an estate by the
entirety, joint tenancy or tenants-in-common.
This instrument is executed by me in the State of Florida, but is my intention that this Power
of Attorney shall be exercisable in any other state or jurisdiction where I may have any property or
interests in property.
I hereby confirm all acts of my attorney-in-fact pursuant to this power.
Any act that is done under this power between the revocation of this instrument and notice
of that revocation to my attorney-in-fact shall be valid unless the person claiming the benefit of the
act had notice of that revocation.
SIGNATURE PAGE FOLLOWS
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Linda Suzzanne Griffin, P.A. - 1455 Court Street - Clearwater. FL 33756 - Teleohone 727.44lj<)ROO
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I). IN WITNESS WHEREOF I have executed this Power of Attorney on this ~ day of
Ito. ,2003.
WITNESSES:
/:7/. #_;Jlh )
~.H~(
Carole N. Harrison
j4~h;;A9-:
Arthur Miller, Jr. .
(~Q~
' mily A. eorge ~ S2--
265-30-9239
Social Security Number
!
STATE OF FLORIDA
COUNTY OF PINELLAS
I HEREBY CERTIFY, that on this day personally appeared before me, Arthur Miller, Jr.,
who is personally known'to me or who has produced FL.D.L.#M460-040-28-309-0 as identification,
who did not take an oath and who has acknowledged before me that he executed the same
knowingly, willingly, voluntarily and without undue influence for the purposes herein expressed.
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WITNESS my hand and official seal this s1.8. day of
Not
Si a
Prin ame Linda S. Griffin
My Commission Expires:
~y "Cw. Linda S Griffin
! ~~ My commission 00147296
"\J.,..I Expires January 02, 2007
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Linda Suzzanne Griffin, P.A. - 1455 Court Street - Clearwater, FL 33756 _ Telephone 727.449.9800