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SPECIAL DURABLE POWER OF ATTORNEY

     , as Principal, domiciled in the State of Washington, designates      , as the


Principal's Special Agent for the Principal as follows:

1. Effective: This Special Durable Power of Attorney is in addition to any and


all other Durable Powers of Attorney granted by the Principal.

2. When Operative: Pursuant to the Revised Code of Washington 11.125, this


Estate Durable Power of Attorney shall become effective upon the incapacity of the Principal,
and shall be exercisable by the Agent notwithstanding the Principal’s incapacity or uncertainty
whether the Principal is dead or alive.

3. Powers: Subject to the expanded powers as provided below:

A. The Agent shall have all powers as specified in RCW 11.125.390.

B. The Agent shall have the powers specified in RCW 11.125.240(1)(b) to


make a gift, in RCW 11.125.240(1)(c) to change survivorship in the process of making a gift, in
RCW 11.125.240(1)(d) to create or change a beneficiary designation in the process of making a
gift, in RCW 11.125.240(1)(f) to waive the Principal’s right to be a beneficiary of a joint
survivor annuity including a survivor benefit under a retirement plan in the process of making a
gift, in RCW 11.125.240(1)(h) to exercise any power of appointment in favor of anyone other
than the Principal, in RCW 11.125.240(1)(i) to create, amend, or revoke a community property
agreement, in RCW 11.125.240(1)(j) to cause a trustee to make distributions of property held in
trust under the same conditions that the Principal could, for purposes of making a gift, in RCW
11.125.240(1)(k) to make any other provisions for non-probate transfer at death contained in
non-testamentary instruments described in RCW 11.02.091.

4. Limitation of Powers: The powers exercisable by the Agent under this


Special Durable Power of Attorney shall be limited to making gifts as follows:

Special Durable Power of Attorney - Page 1 of 4 LEAVY SCHULTZ DAVIS, P.S.


2415 W. Falls Avenue
Kennewick, WA 99336
(509) 736-1330
Fax: (509) 736-1580
(a) To make gifts on behalf of the Principal to      , the Principal's spouse,
or to or for the benefit of the Principal's children, namely,      , or their descendants. In
making any such gift, I grant to my Special Agent the discretion to determine the amount of the
gift, the date of the gift, and the subject matter of the gift. In making any such gifts my Special
Agent shall not be required to make gifts equally and may select which donee among the class
named herein shall receive a gift, in what amount, and the subject matter and date thereof.

(b) My Special Agent shall take into account my ability to make gifts, my
continued health and well-being, the impact of inflation, appreciation, or depreciation, on the
value of the gifts, reduction of death taxes at the time of my death, benefits and income I may
otherwise receive from investments and/or governmental or private entities, and other estate
planning considerations.

Under no circumstances shall the foregoing powers be interpreted to grant to the


Agent a general power of appointment, and, to the extent that the powers granted herein may be
exercised in favor of the Agent, then said powers may be exercised only in the Agent’s favor for
the Agent’s health, education, support, and maintenance as described in Sections 2041 and 2514
of the Internal Revenue Code and the applicable regulations adopted under the sections.

5. Applicable Law: The laws of the State of Washington shall govern this
Special Durable Power of Attorney.

6. Other Powers of Attorney: In the event the Principal has executed more than
one Power of Attorney that has not been revoked, then each Power of Attorney shall be exercised
without being in conflict. Each Agent is directed to coordinate and work together with regard to
such obligations and the payment thereof, and the Agent under the Estate Durable Power of
Attorney is authorized and directed to acknowledge such contracts and obligations as incurred
for the medical/personal care of the Principal and to pay the same.

7. Revocation of Previous Powers of Attorney: The undersigned Principal


hereby revokes all Powers of Attorney executed prior to the date of this Power of Attorney.

8. Disputes: In the event I have appointed more than one Agent to handle one or
more of my affairs, and a dispute arises among any two or more of the Agents as appointed, then
I hereby direct that the priority of decisions with regard to each Agent shall be in the following
order:

A. With regard to making transfers as authorized in a Special Durable Power


of Attorney, the decisions of the Agent appointed in the Special Durable Power of Attorney shall
take priority over decisions of the other Agents.

B. Decisions to contract for medical services and payment of the same, as


contracted by my Agent in charge of making medical and personal decisions, shall take priority
over the decisions of my Agent appointed to handle my affairs for management of my estate.

Special Durable Power of Attorney - Page 2 of 4 LEAVY SCHULTZ DAVIS, P.S.


2415 W. Falls Avenue
Kennewick, WA 99336
(509) 736-1330
Fax: (509) 736-1580
C. With regard to any other decisions, the Agent in charge of my estate will
take priority for decisions with regard to the same, decisions my Agent in charge of my
medical/personal decisions shall take priority with regard to my medical/personal decisions, and
as indicated above, transfers as authorized by my Special Agent, if any, shall take priority with
regard to said transfers.

9. Authorization to Attorney: I, the Principal, hereby authorize my attorney to


confer with the Agent concerning all of my affairs, personal and business or otherwise, and
authorize my attorney to discuss any conversations or information exchanged between my
attorney and myself with regard to matters in which my attorney has represented me, and hereby
waive any privileged communications and confidentiality with regard to any such
communications by my attorney with my Agent. Further, I hereby authorize the law firm of
Leavy Schultz Davis, P.S. to provide to any named Agent originals or copies of all estate
planning documents prepared by the law firm on my behalf. The documents shall include, but
not be limited to, Wills, Durable Powers of Attorney, Community Property Agreements, Trusts,
Health Care Directives, and other similar estate planning documents.

10. Waiver of Liability: The Principal hereby relieves the Agent of the liability
except for breach of duty committed dishonestly, with an improper motive, or with gross
negligence to the purposes of the Power of Attorney or the best interest of the Principal.

DATED this _______ day of _____________________, 20___.

__________________________________________
     
Principal

Special Durable Power of Attorney - Page 3 of 4 LEAVY SCHULTZ DAVIS, P.S.


2415 W. Falls Avenue
Kennewick, WA 99336
(509) 736-1330
Fax: (509) 736-1580
STATE OF WASHINGTON )
) ss.
COUNTY OF BENTON )

On this day personally appeared before me      , to me known to be the individual


described in and who executed the within and foregoing instrument, and acknowledged that
      signed the same as       free and voluntary act and deed, for the uses and purposes
therein mentioned.

GIVEN under my hand and official seal this ______ day of _____________________,
20___.

__________________________________________
Notary Public in and for the State of
Washington, residing at _______________________

__________________________________________
NAME OF NOTARY PUBLIC (TYPE OR PRINT)
My Appointment Expires:______________________

Special Durable Power of Attorney - Page 4 of 4 LEAVY SCHULTZ DAVIS, P.S.


2415 W. Falls Avenue
Kennewick, WA 99336
(509) 736-1330
Fax: (509) 736-1580

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