YOUR PERSONAL LEGAL GUIDE Version 8.0 Information And Legal Forms For Home And Small Business Use U S E R' S M A N U A L HomeCraft Software P.O. Box 974 Tualatin, OR 97062 (503) 692-3732 (voice) (503) 692-0382 (fax) Compuserve: 71450,254 MEMBER: Shareware Trade Association & Resources (STAR) _______ ____|__ | (tm) --| | |------------------- | ____|__ | Association of | | |_| Shareware |__| o | Professionals -----| | |--------------------- |___|___| MEMBER This manual and accompanying software Copyright 1992 by Kraft, Byron & Clary Portions Copyright 1991 Kraft, Byron & Clary Portions copyright 1993 by Steven C. Hudgik All Rights Reserved WELCOME TO SHAREWARE This software is distributed as shareware. This means you can try this software to find out whether it provides what you need, before you pay for it. This software is fully functional, you can use it to research legal issues, and create and print the legal forms you need. Please keep in mind, however, that laws and legal forms change. To insure you have the latest version (and to insure you are informed of all updates), you need to register this program (see the order form). You may have obtained this software from a shareware disk vendor, a bulletin board or a friend--and I hope you also feel free to share copies of it with your friends and upload it to your favorite bulletin board(s). If you find you like this software and you've been using it for more than 30 days, or plan to use it in the future, you must register as a user by purchasing a registered copy. Registration Information The cost to register a single copy of this software is $59.95 (plus $4.00 S&H. Even though you may have purchased this disk from a retail store, you have not purchased a registered copy. What you've paid was a fee that compensates the vendor and store for their costs, time, and effort in making this disk available. When you register you will receive: [] The current version of this software. Laws and legal forms change, and new laws and forms are introduced. When you register you will receive the latest version of the forms and information used by Your Personal Legal Guide. [] A copy of the latest version of the software, including features and improvements made since the shareware was released. [] An additional disk of forms and legal information that almost doubles the information and forms! [] A free subscription to our newsletter which includes user tips, help with using your computer, information about upgrades, new/updated forms, and new/updated legal information. [] A complete printed manual. (Due to disk space limitations, this shareware manual is a condensed version of the printed manual). [] Discounts on purchasing other HomeCraft Software products including specialized database and home productivity software. MULTIPLE COMPUTERS AND NETWORKS If you wish to use this software on a network or simultaneously on more than one computer (eg. on a computer at home and another computer at work or in the office of a charity), you will need a site license. Please contact HomeCraft for more information about site licenses. DISTRIBUTION OF THE SHAREWARE VERSION OF THIS SOFTWARE (Please see the VENDOR.DOC file). YOUR PERSONAL LEGAL GUIDE U S E R L I C E N S E A G R E E M E N T NOTICE! - This manual and the enclosed software is provided to you on the express condition that you agree to this software license. By using this software you agree to the following provisions. <1> This manual, the enclosed software and the disks on which it is contained are licensed to you, for your own use only. This is copyrighted software. You are not obtaining title to the software or any copyright rights. You may not sublicense, rent, lease, modify, translate, convert to another programming language, decompile, or disassemble the files for any purpose. <2> You may make as many copies of these files as you need for backup purposes and copies may be given away provided no fee is charged. Private individuals may use this software on more than one computer, provided there is no chance it will be used simultaneously on more than one computer. This software may not be used on more than one computer, nor installed on more than one hard disk, nor installed on a network when used by a business, corporation, government agency or department, or institution of any kind. If you need to install this software on more than one computer or on a network, please contact us for information about a site license. WARRANTY - HCP SERVICES INC. DISCLAIMS ALL WARRANTIES RELATING TO THIS SOFTWARE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE EXPRESSLY AND SPECIFICALLY DISCLAIMED. NEITHER HCP SERVICES, INC. NOR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THIS SOFTWARE SHALL BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE SUCH SOFTWARE EVEN IF HCP SERVICES, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. IN NO EVENT SHALL HCP SERVICES, INC.'s LIABILITY FOR ANY DAMAGES EVER EXCEED THE PRICE PAID FOR THE LICENSE TO USE THE SOFTWARE, REGARDLESS OF THE FORM OF CLAIM. THE FORMS HEREIN ARE NOT INTENDED TO BE USED UNLESS THE SAME ARE REVIEWED BY AN ADVISOR OR ATTORNEY, AND THE SELLERS AND MANUFACTURERS OF THIS PROGRAM SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE FAILURE OF A FORM TO ACCOMPLISH THE GOALS OF THE USER. THE PERSON USING THE SOFTWARE BEARS ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SOFTWARE. Some states do not allow the exclusion of the limit of liability for consequential or incidental damages, so the above limitation may not apply to you. This agreement shall be governed by the laws of the State of Oregon and shall inure to the benefit of HCP Services, Inc. and any successors, administrators, heirs and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Multnomah County, Oregon. The parties hereby consent to in personam jurisdiction of said courts." Information in this manual is subject to change without notice and does not represent a commitment on the part of H.C.P. Services, Inc. or HomeCraft Software. This manual and accompanying software is copyrighted and protected under both Federal Law and the Berne Convention (international law). TRADEMARKS IBM PC, PS/2, AT, XT, and PC-DOS are trademarks of IBM. MS-DOS and OS/2 are a trademark of Microsoft. DR-DOS is a trademark of Digital Research. UNIX is a trademark of Bell Labs. Your Personal Legal Guide is a trademark of H.C.P. Services, Inc. ACKNOWLEDGEMENTS "Mouse.com" is copyright 1983,1984 by Microsoft, and is used under license. PKLITE is used under license from PKWARE, Inc. LHARC is Copyright 1990, Yoshi, and is used with permission. It takes many persons to put together a project of this magnitude. The staff that prepared this program consists of: Herbert Kraft (Herb), Attorney at law admitted to practice in Florida; Developer and author of legal material, comments and documents, and the Chief Developer. David Byron, Co-Developer. Warren Clary, P.E., Software engineer and co-developer. Warren is the author of the computer program itself (and he did a tremendous job!) Wyatt Cox; who assists with research and support. Amy Seeberger; research and support. This software is marketed as shareware by HomeCraft Software. This program is marketed by a member of the Association of Shareware Professionals (ASP). ASP wants to make sure that the shareware principle works for you. If you are unable to resolve a shareware-related problem with an ASP member by contacting the member directly, ASP may be able to help. The ASP Ombudsman can help you resolve a dispute or problem with an ASP member, but does not provide technical support for members' products. Please write to the ASP Ombudsman at 545 Grover Road, Muskegon, MI 49442-9427 or send a Compuserve message via CompuServe Mail to ASP Ombudsman 70007,3536 HomeCraft Software P.O. Box 974 Tualatin, OR 97062 (503) 692-3732 (VOICE) (503) 692-0382 (FAX) TABLE OF CONTENTS __________________________________________________________________ INSTALLATION ...................... 01 System Requirements 01 Installation 01 GETTING STARTED ................... 03 Using A Mouse 03 The Main Menu 03 Annotated Statutes Menu 04 Note Pad 05 Tutorials Menu 06 Preparing Legal Documents 07 Reviewing Documents 11 Printing The Manual 11 Registration Form 11 DOCUMENT/FORM INFORMATION ......... 13 _______________________________________YOUR PERSONAL LEGAL GUIDE - 1 INSTALLATION ____________________________ Thank you for trying this software--Your Personal Legal Guide. We think that you'll find it to be very useful and educational. There are many circumstances in which we find out, after a problem has developed, that we did not have an adequate under- standing of the laws that affect us, or we did not properly protect ourselves with the necessary documents or forms. In today's society, which very readily turns to the courts, we may find that by neglecting a simple legal form we have become liable to substantial damages, or worse may lose custodity of our children. While no software can replace having a competent attorney represent you, Your Personal Legal Guide can help you avoid many legal pitfalls, so you are properly prepared and protected. SYSTEMS REQUIREMENTS______________________________________________ To use this software you must have an IBM compatible computer with DOS version 3.3 or higher and 450k of available memory. If you do not have 450k of available memory, you will not be able to use some portions of the GUIDE. A hard disk with at least 2mb of free space is required. A printer is recommended so that you can fully use the GUIDE to print legal forms. INSTALLATION______________________________________________________ Place the floppy disk in your "A" disk drive. If the disk goes in the "B" drive, replace the letter "A' with the letter "B" throughout these instructions. If you have received the software on two 360K 5-1/4 inch disks, put disk number 1 in the "A" drive. _________________________________YOUR PERSONAL LEGAL GUIDE - 2 The installation utility will tell you when you need to put the second disk into the "A" floppy drive. Get the DOS prompt on the screen, then type A: and push ENTER. You should now have a DOS prompt for the "A" floppy drive. It should look like: A> To install the software type "INSTALL", a space, the letter for the drive on which you want to install the software. In most case this will be the "C" drive, and you would type: INSTALL C The software requires almost 2mb of disk space, and must be installed on a hard disk. You can not use this software on a floppy disk. The installation utility will automatically create a directory called GUIDE. If you'd like to have the software in a different directory, after it is installed you can copy the files to any other directory. Howewer, you must copy all of the files and keep them together in the same directory. The program will not work correctly if the files are divided among several directories. _________________________________YOUR PERSONAL LEGAL GUIDE - 3 GETTING STARTED ________________________ To start the software, set your computer so you are in the GUIDE directory. To do this, go to the DOS prompt for your hard drive, type: CD \GUIDE and push ENTER Then, to start the software, type GUIDE and push ENTER. Mouse Users___________________________________________ This manual describes how to use the GUIDE software using the keyboard. You can also use a mouse with YOUR PERSONAL LEGAL GUIDE. The mouse works as follows: Clicking the left button sends a carriage return. It's the same as pushing the ENTER key. The right mouse button works in the same was as the PgDn (page down) key. Pushing both buttons at the same time is the same as pushing the ESC key. Moving the mouse up and down moves the cursor up and down. NOTE: The GUIDE does not have a separate mouse cursor. The mouse moves the normal cursor, which can also be moved using the cursor keys. THE MAIN MENU_________________________________________ To select an option from the Main Menu you first need to highlight that option. You can do this by either using the cursor keys (up and down arrows) to highlight the choice you want, or by pushing the letter corresponding to your choice. Once the option you want to use is highlighted, push ENTER. _________________________________YOUR PERSONAL LEGAL GUIDE - 4 User Tip__________________________________________________________ At the bottom of each screen you will always see a listing of the keys you can use on that screen, with a description of what each key does. This serves as a reminder to help you more easily get around in the software. ANNOTATED STATUTES________________________________________________ YOUR PERSONAL LEGAL GUIDE contains the full text, with simple explanations (referred to as annotations), of many important laws and governmental regulations. This section is very useful for finding out exactly what the law says in a specified area, such as child custody. The plain english explainations then help you understand what the law means. With an understanding of what the law really says, you are in a better position to solve any legal problems you face. Remember, if someone else is causng a problem for you, do not believe what they say about the law or government regulations--they have no obligation to give you the straight or complete story. Get the facts! To choose this option from the main menu, press the letter "B" and then push ENTER. Or you can highlight this option by using the cursor keys--the up and down arrow keys. Once it is highlighted, push ENTER. When you are reading a statute or regulation, you will see blocks of text that are marked with "/*" at the beginning and "*/." at the end. These mark indicate comments used to explain what the law is saying. The information included between these "markers" is not a part of the law, statute, or regulation. Copyright information: We do not claim copyright on government material included as a part of the statutes menu. However we do claim copyright on all the rest of the program and on the comments within the statutes. Note: When the Annotated Statutes Menu is displayed, use the "page down" key to see all of the statutes. Browsing Through The Statutes_____________________________________ When you have selected a statute, and have it displayed on the screen, use the page up (PgUp), page down (PgDn), and the up/down _________________________________YOUR PERSONAL LEGAL GUIDE - 5 cursor keys to move around. PgUp and PgDn move you forward and backward by a complete screen of information. The left and right cursor keys are special. The left arrow key moves the display back to the previous comment. The right arrow searches for, and displays, the next comment. If you press the left arrow key and the text does not change, this means that you are seeing the first comment; if you press the right arrow key and the text does not change you are then viewing the last comment in the file. TAKING NOTES____________________________________________________ If you want to make a note of something while reading a statute or tutorial, put the memory resident note pad to work. Any time you are reading a statute you can push "F2" to display the Note Pad. It will be displayed in the bottom half of the screen. The Note Pad is a nice feature because it lets you jot down a note while you are reading information on the screen. You won't lose your place or have to go get a pad and paper. You can make a note about something you've just read, and then print all of your notes after you've finished reading the statute or tutorial. The first time you push "F2" to displsy the Note Pad, it will contain a note about shareware. Just push F10 to clear the Note Pad, and i'll be ready to use. When you are done typing your note, push ESC to clear the Not Pad from the screen. Each time you push F2 the Note Pad will re-appear and it will still have all of the information you entered previously. It will retain all of your notes until you push F10 to clear the Note Pad. To see the Note Pad help screen, push F2 to display the Note Pad, then push F1 to see the help screen. When you want to, print your notes, push F3. This will print everything currently written in the Note Pad, using whatever font your printer is currently set to use. BE SURE YOUR PRINTER IS TURNED ON BEFORE TRYING TO PRINT YOUR NOTES. _________________________________YOUR PERSONAL LEGAL GUIDE - 6 Definitions_______________________________________________________ Although plain english explainations are included throughout the statutes, you may run into an unfamiliar legal term. If this should happen, you can use the legal phrase dictionary included with the GUIDE. The Annotated Statutes Menu includes a selection that displays a legal phrase dictionary. Use this option to look up any unfamiliar legal terms. If you find a legal term that is not included in this dictionary, please let us know about it when you register the GUIDE and we will add it to the dictionary. Exiting From An Annotated Statute_________________________________ When you have the text of a statute displayed on the screen, you can return to the Annotated Statues Menu by pushing ESC. You can then return to the Main Menu by pushing ESC again. TUTORIALS/ANNOTATED STATUTES______________________________________ YOUR PERSONAL LEGAL GUIDE includes a section of tutorials about the subjects that our research and your requests show are of the most interest to our users. This is option "C" on the Main Menu. Each tutorial is a discussion of the rights and obligations that the law provides in a specific area. NOTE: If, after you register and receive the additional disk of statutes, tutorials, and legal forms, there is an area you are interested in which is not covered by the tutorials, please let us know. We'll try to add coverage of the area in the next update. We want to be sure the GUIDE provides the information you need and we'll be continually expanding it to insure that it does. Selecting A Tutorial______________________________________________ First select option "C" - "Tutorials/Annotated Statutes" on the Main Menu. This will display the Tutorial Menu. You can now select the tutorial you'd like to read. Just highlight it, and push ENTER. This will display the tutorial. You can read through the tutorial by using the cursor keys, page down, page up or the home or end keys. _________________________________YOUR PERSONAL LEGAL GUIDE - 7 Opening A Second Window___________________________________________ If, as you read the tutorial, you would like to review the full text of the laws discussed in a tutorial, you can do this-- without exiting from the tutorial--by opening a second "window." To do so, press the letter "S". You will then see the Annotated Statutes Menu. You can look up a definition in the dictionary, or review the text of a statute. To toggle back and forth between the mini-seminar and the selected annotated statute (or dictionary), press the letter "O". You can open the note pad at any time you are viewing a tutorial, a statute or the dictionary. Definitions Of Legal Terms________________________________________ If legal terms are used in a tutorial, they are also defined in the on line legal dictionary. Simply press the letter "S" and select the "Dictionary" option. Then press "O" to toggle back and forth between the dictionary and the tutorial. Exiting From The Tutorials________________________________________ To stop reading a tutorial, push the ESC (Escape) key. Then to return to the Main Menu, push "M". To exit from the program push the letter "X". PREPARING LEGAL DOCUMENTS_________________________________________ Overall, preparing a legal document or form is very easy. The software will prompt you to enter the required information on step at a time. In some cases it will even provide suggestions for what you should enter. All you need to do is answer the questions, as they are presented on the screen, then the software will create the legal document/form you need. _________________________________YOUR PERSONAL LEGAL GUIDE - 8 The Document Generator____________________________________________ We are proud of our document generation program. We think you'll be very happy with the results it produces. Through the use of this part of the program you will be able to create custom legal papers that are legal and binding in all 50 states. These forms will accomplish their objectives of course, but if you use a form that isn't right, or doesn't completely accomplish your goal, you'll have a legal and valid form that accomplishes something other than you desired. Please read the following carefully: ************************************************************ IT IS ESSENTIAL TO HAVE AN ATTORNEY REVIEW DOCUMENTS THAT YOU PREPARE FROM TIME TO TIME; THE DOCUMENTS HEREIN ARE VALID IN THAT IF THEY ARE PROPERLY PREPARED THEY WILL BE EFFECTIVE TO CAUSE THE INTENDED RESULT. THIS MEANS HOWEVER, THAT A USE OF THE FORMS FOR AN INAPPROPRIATE PURPOSE WILL RESULT IN AN INAPPROPRIATE RESULT. WE IMPLORE YOU TO SEEK LEGAL COUNSEL IF THE FAILURE OF A LEGAL FORM TO ACCOMPLISH THE INTENDED PURPOSE WILL BE FINANCIAL LOSS. UNDER THE DISCLAIMERS OF WARRANTIES HEREIN, DAMAGES MAY NOT BE RECOVERED FOR THE MONETARY LOSSES AND OTHER DAMAGES, INCLUDING CONSEQUENTIAL DAMAGES SHOULD A FORM NOT MEET YOUR NEEDS. YOU'LL STILL SAVE TIME AND MONEY BY USING THE FORMS- JUST HAVE THEM REVIEWED. IN ADDITION BE SURE TO GET THE LATEST FORMS BY CHECKING IN FOR UPDATES. ************************************************************ To use the forms generator, from the main menu, select option "D", Prepare/Save/Print Legal Documents. This will display a menu of available legal documents. NOTE: There is more than one screen of documents. Use the cursor keys or "Page Down" key to see the entire list. The Document Menu lists the many available documents and forms. Highlight the document you want to select and push ENTER. ************************************************************ LAWS CHANGE AND THIS MAY FORCE A CHANGE IN FORMS SO THAT THEY COMPLY WITH LEGAL REQUIREMENTS. PLEASE BE SURE TO REGISTER TO GET THE LATEST UPDATES. ************************************************************ _________________________________YOUR PERSONAL LEGAL GUIDE - 9 Once a document/form has been selected, you can then enter information and "custom build" your form. Building Documents________________________________________________ You will then see one of two types of form building screens- a multiple choice box and a fill in the blank box. If the screen presents you with a fill-in-the-blank-box, it will describe the needed information. Enter, exactly as you wish to see it on the document/form, the information requested. Be careful to put it in the format requested--if the fill-in-the- blank-box asks for the information in numerals, use numerals. If it asks for information in words, enter words. Once you have finished filling in the blanks, then push the ENTER key. You can "edit" a line prior to pushing ENTER by using the backspace key. If you have made a significant error, and want to start from scratch, use the tab key to highlight the "cancel" choice at the bottom of the dialogue box, and then push ENTER. The document will then be canceled. You will be returned to the document preparation main menu. On occasions the space which is provided for entry of information may be too small for what you need to enter. In that case, simply enter "See exhibit 1 (or exhibit 2, etc.)" in the fill in the blank box. After you have finished creating and printing the form or document, then type the information that would not fit in the box on a separate sheet of paper and label it "Exhibit 1" (or Exhibit 2, ect.). When you see multiple choice boxes, use the cursor keys to place the "bullet" in the choice you want, and press ENTER. Numerical Information_____________________________________________ When amounts of money need to be entered, type them using following format: 213.45 or 22000.00 Do not include commas and dollar signs, the software will add these in the proper format required by the legal form. When the program asks you for numerical amounts, if you do not _________________________________YOUR PERSONAL LEGAL GUIDE - 10 enter them using the above format, the software will try to convert them into their correct form. Thus, if you enter 100, the program will show it as $ 100.00 (One hundred dollars and xx/100) automatically! Prompts With Suggestions__________________________________________ Many screens contain prompts that suggest information for you to enter. For example, the "number of days between installments" on the installment promissory note has several choices. The final choice "KEY IN VALUE" allows you to put any number you desire in the form, if the suggestions don't fit your needs. To enter your own value, place the bullet on the "Key In Value" choice and then press ENTER. Then type in your choice. Saving A Document/Form____________________________________________ Once you've finished preparing a document you can save it for future use; for your legal records; or for future reference, by pushing the letter "S". You'll then be prompted for the name you'd like to give to this document. MS-DOS limits you to eight characters and an extension on a file, for example- "FORM.TXT". However, the GUIDE does not have this limit! Your document can be named using up to 72 characters, including blank spaces. Thus, a form used when Joe lent Fred $ 100.00, that was created on 12/01/93, can be named: "Note from Joe to Fred- value $ 100.00 dated 12/01/93" I suggest that you use a completely descriptive name so you will know exactly what the document is. It easy to forget once a few months have passed. Printing Documents________________________________________________ After answering all of the questions and prompts presented by the document/form creation module, you can print a copy of the document/form by pushing the letter "P". A dialog box will appear and ask you use the cursor keys to verify that your printer is turned on and you are ready to print the document/form. _________________________________YOUR PERSONAL LEGAL GUIDE - 11 You can use any type of printer. This software automatically works with any type of printer, that has automatic paper feed, from a dot matrix to a lazer printer. IF YOU ARE USING A LASER PRINTER BE SURE TO CLEAR OUT ANY CODES THAT YOU MIGHT HAVE SET FOR GRAPHICS OR LANDSCAPE PRINTING, AS THESE CODES WILL AFFECT WHAT THIS SOFTWARE PRINTS. Detailed information on the specific forms, and a description of the information required to complete them, is discussed later in this manual. REVIEWING DOCUMENTS_______________________________________________ The "Review/Print/Delete Legal Documents option on the Main Menu is used to work with documents/forms you have created and previously saved. To use this option select option "E" on the Main Menu. The documents, with titles you have assigned to them, will appear on screen. To read on of them, highlight the document /form you want and press ENTER. To print that document/form push the letter "P". To delete a document/form, first select the document/form so you are viewing that document/form. Then hold down the key and, while holding the ALT key down, press the letter "D" (for delete.) This will permanently erase the document/form. Be careful using this option because, in most cases, even the undelete utility will not be able to recover the document/form. (This can be important with legal documents you don't want anyone else to see). PRINT MANUAL______________________________________________________ This option on the Main Menu is used to print this Users Manual. Be sure you printer is turned on and ready. PRINT REGISTRATION FORM___________________________________________ A one page registration form is included to make purchasing this software easy. Use this option to print a copy of that order form. _________________________________YOUR PERSONAL LEGAL GUIDE - 12 DOS Shell_________________________________________________________ This option will give you a DOS prompt while retaining the GUIDE in memory. For example, if you want to format a floppy disk, but do not want to exit the program, then choose the DOS Shell option, by either highlighting this option using the cursor keys (up and down arrows) or pressing the letter "S" and then pushing ENTER. To return to the GUIDE, type EXIT at any DOS prompt, and push ENTER. _________________________________YOUR PERSONAL LEGAL GUIDE - 13 DETAILED DOCUMENT/FORM INFORMATION __________________________________ In this section of the manual, I'll describe the information needed to prepare some of the more popular forms. Because of disk space limitations we are not able to provide complete coverage of all the forms. All the forms are covered in the printed manual included with the registered version of YOUR PERSONAL LEGAL GUIDE. A complete listing of all available forms can be seen by running the software and going to the "Create/Print Forms Menu." These directions tell you what information you'll need to complete each form, and what you should have read in the GUIDE before starting to create the form. If there is no information here for a form you need to use, go through the form creation process to create a first draft, then use the statutes and tutorial sections to look up the information you need. Assignment Of Promissory Note_____________________________________ This form prepares both recourse and non-recourse assignment of promissory notes. The following information is required: The name of the owner of the note; the makers of the note; the original amount of the note; the interest rate; the present balance on the note; the buyer of the note. Bailment__________________________________________________________ This is an agreement to lend or borrow personal property; this is opposed to real estate (land). This form is limited to NON PROFIT borrowings! If you are in the rental business, a rental contract tailored to your business is required. Sometimes in doing someone a favor and lending them your lawn mower, or whatever, disagreements occur due to questions like: when was the item due back? if it breaks, who pays for it? In addition, if you think that you are doing someone a favor by lending them your hedge clippers, watch out if the hedge clippers break and hurt the borrower. In many cases courts permit borrowers to sue for being lent something dangerous. This form limits this type of liability. This form should stop these types of disagreements from happening in the first place since it specifies the conditions for the bailment. _________________________________YOUR PERSONAL LEGAL GUIDE - 14 A few other formalities are included in this form. One of the most important is an "indemnity" clause which provides that, if the property causes injury to another, they are responsible. Information required: name of the owner; name of the property; description of the property; length of the loan; purpose of the borrowing (use this subclause to limit use of the item); whether the property will be insured by the owner or borrower, or neither; if to be insured by the borrower, state limits of coverage. WARNING: If the owner has insurance and agrees to carry the liability, this may void his own coverage. Check with your insurance agent about this. Bill Of Sale For Used Goods_______________________________________ This form is used to as a combination receipt and bill of sale. It is intended solely for a deal in which a CONSUMER sells something they own to another person. This form was prepared because small claims courts are populated with cases in which someone who has bought a used boat motor, or whatever, and then sues the seller claiming that the product failed to work, etc. However, the law in most states is that there IS NO WARRANTY when a person who is not a dealer in that type of goods sells them. Information needed: name of the seller; name of the buyer; description of the goods sold--be sure to call it a "used" whatever. The form provides the following choices as to the payment of the sales price: cash, or part cash and assumption of liens. For example, if there is a lien on a stereo you are selling, then the sales price is for cash plus the buyer agreeing to pay the lien. In this case have the name of the lien holder and the amount of the liens handy. If you are financing a purchase of something don't use this form. Instead, use the security agreement form. _________________________________YOUR PERSONAL LEGAL GUIDE - 15 Commercial Equipment Lease________________________________________ Many equipment leases are really loans. Thus, after paying for the lease term the equipment can be purchased for a dollar. This form will prepare both a loan type lease and a true lease, where at the end of the term the equipment must be returned. The following information is required: the name of the parties; a description of the leased items (this should be exact, and in many cases will require the use of multiple attached sheets.) The place where the leased items will be used. An option is provided that requires the leasing customer to pay freight and set up costs, or you can have the set up costs, up to a limit, added to the loan. The goods may either be insured by the customer or through the leasing company. In both cases, the premium and payment terms for the premium must be stated. The total payments under the lease, and the terms for payment are set out by this agreement. In addition, the customer will either be required to return the equipment at the end of the lease term, or, have an option to purchase. The option price (whether $ 1.00 or a discount to the assumed value or more) is also stated. In some cases, particularly for "true leases", maintenance is provided by the leasing company. Options are provided for either the leasing company or the customer to provide service. Commercial Lease/Acceptance, Inspection___________________________ When a lessor delivers property, a certificate of acceptance of the property is often required. This certificate is proof that the property was accepted and working. Usually, this is used when a manufacturer uses a third party financing source. The following information is required: the description of the property and exceptions to full acceptance. _________________________________YOUR PERSONAL LEGAL GUIDE - 16 Consignment Sales Agreement_______________________________________ Selling on consignment is becoming more and more common these days. Unfortunately, persons selling on consignment often don't get clear written agreements, or overlook some very important points. We are preparing a full tutorial and statutory text regarding the hazards of consignment selling in general. For now: unless the store has signs indicating that it is a consignment shop, or your goods have a notice on them stating that they are consigned, it is required that there be a formal consignment agreement as well as a recorded lien (UCC-1 a/k/a A financing statement). This form also prepares an agreement for "sale or return" in which the seller provides the goods to the buyer, and the buyer either pays for them (there is neither a commission or a flat fee per sale) or returns them. This form points out a number of things to consider including who is going to insure the goods. (Very important!!!) Information required to complete the forms: names of the parties, description of the goods, whether the buyer or seller will insure the goods while the consignment seller has the goods (if they are uninsured, check buyer); whether the consignment seller will be paid on commission or flat sum per good sold; minimum sales price per unit; the number of days between accountings; on a sale or return the number of days to return; who will pay return freight for unsold goods. Corporate Resolution To Open Bank Account_________________________ Banks require corporations to provide a "corporate resolution" when bank accounts are opened. The form is taken from a public domain form which many bank use. (Don't be surprised if a bank requires or tries to require that you use their form. That way they don't have to proof read.) The following information is required: Name of the corporation; secretary of the corporation; Name of the bank; number of signatories on checks (that is whether one or two or more signatures are required); names of the authorized signatories. _________________________________YOUR PERSONAL LEGAL GUIDE - 17 Corporation Meeting Minutes, Annual Meeting_______________________ Small Corporation The corporate laws of each state require that there be an annual meeting. These minutes are adequate for almost every small corporation. The following information is required: the name of the corporation; whether the meeting is called by notice or an agreed waiver of notice by all the parties and the date of the meeting notice/waiver was served; date, place and time of the meeting; the name of the chairman of the board, the names of nominees for the offices of president, secretary and board chairman; names of the winners of the election [usually the people who are nominated are the shareholders and they win unopposed]. Finally, the form provides an option for a declaration for payment of a dividend. If a dividend is provided for, the amount and record date for ownership. Credit Application________________________________________________ In business it is customary to for a business or person seeking credit to fill out an application form. This is a dual purpose form and can be used to verify both employment and credit history. However, persons will quite rightly often decline to give out information concerning another person without written approval for the release. This form contains the needed release. The following information is required: the name of the applicant; the social security number of applicant; date of the application; name, address and phone number of person to reply to. Designation Of Guardian For Minor Children________________________ This form is used to give a "power of attorney" to a trusted relative or friend to act as your child's "substitute parent" if you are incapacitated. Note that it is not effective BEFORE any incapacity. This power is drawn to give very broad power to the appointed person including management of the child's custodial property. In addition, if the children ever need a formal guardian this form also states that the person mentioned is your choice for the formal court appointed guardian. Here is the information required: name of parent or parents (If there are two present custodial parents each must sign); Name of attorney and second choice. _________________________________YOUR PERSONAL LEGAL GUIDE - 18 Employment - Temporary Lending Of Employee________________________ This form is used when a company lends an employee to another, which from our mail and request for new forms we know is quite common. The form establishes the liability for worker's compensation and wages. In recognition of the fact that employees may have pension funds and other fringe benefits, the agreement requires the temporary employer, regardless of who pays the employee, to reimburse the permanent employer for overhead. The following information is required: the name of the primary employer, the name of the temporary employer, name of the employee and job title; pay rate; dates for lending; which party will pay the employee; and the overhead rate. Employment Application - Release Of Information___________________ There have been a rash of lawsuits filed by employees who are fired and then get "'bad''" references for libel, etc. Therefore, many firms now only will provide as an employment reference the name, dates of hire and job title and pay of an employee. They are much more likely to agree to give a true picture if they have a release agreement permitting them to speak with less fear of suit. The following information is needed: the name and social security number of the applicant; the date of the application; the position applied for; name, contact name, address and phone number of the prospective employee. General Partnership - Short Form, Capital Under $30,000___________ Due to numerous requests from our users, we have added a form suitable for creating small, uncomplicated partnerships. We have specified that the capital must be below $ 30,000. _________________________________YOUR PERSONAL LEGAL GUIDE - 19 The following information is required: name of the partnership; name of the partners; address of the principal office of the partnership; amount of capital invested by each partner and the total capital of the partnership; how often partnership profits will be divided, and if draws for living expenses will be made. General Partnership, Larger Capitalization________________________ This form includes some of the additional clauses which are required in a larger partnership. It gets harder and harder to write "generically adaptable" forms when larger sums are involved. However, this form covers the major bases. Here is the information required: the state and county where the partnership was formed, the business to be engaged in; the starting date of the partnership; address of the principal office of the partnership; the capital contributed by the partners; the time period between accountings; an option is provided for draws; the maximum dollar authority of each partner; and an option is provided for the regular affairs of the partnership to be managed by a committee. Guarantee Forms___________________________________________________ A guarantee is an agreement by one party to pay the debt, or to take care of the obligations of another party. This is frequently used with corporations. Most corporations are very thinly capitalized, and thus for obligations of any size, savvy creditors demand that the owners guarantee the debt. Under a law known as the Statute of Frauds, the promise to pay the debt of another must be in WRITING TO be valid. DON'T FORGET THIS!! Therefore, we have a personal guarantee. This document actually produces THREE different kinds of guarantees. The first is an unconditional, blanket guarantee. This means that the guarantor (person agreeing to make good another's obligations) agrees that whatever debts and obligations are due from the primary debt, in whatever amount will be their responsibility. This is the most dangerous kind of guarantee to sign for the guarantor, but the most favorable to the creditor. _________________________________YOUR PERSONAL LEGAL GUIDE - 20 The second is a guarantee agreement for a specific obligation. In other words, in this agreement the guarantor is agreeing to pay whatever comes out of one specific deal. The third is a guarantee that covers all obligations, but, is limited to a total specified sum. Thus, the guarantor agrees to pay a certain sum, if the balance is that or lower and the primary debtor doesn't pay. The following information is needed to complete the form. Of course, you must choose which one of the guarantees represents your agreement. You'll need: the name of the party borrowing, guaranteeing and lending, the amount, or debt guaranteed (unless unconditional guarantee). Hunting/Fishing/Sportsman's License_______________________________ This form is the result of yet another suggestion from our users! Thank you. Hunting and fishing often takes place on another's land. This form provides for the use of land for sporting purposes. It prepares exclusive, non-exclusive, paid and unpaid licenses. The following information is required: names of hunters and owners; fee (if any); type of hunting/fishing permitted; description of property; dates for the license. Options are also provided to release the property owner from liability. Independent Contractor's Agreement________________________________ An independent contractor is a non-employee who does work for another. No withholding is required, and employee benefits (like worker's compensation) are also not required. However, the IRS takes a very dim view of independent contracting being used to replace employees. So dim that they very carefully audit these agreements. An independent contractor is truly independent! The employer cannot control the work times, work methods or means used by the independent contractor. The following information is required: name of employer, employee, description of jobs to be done, rate of payment, date of beginning and ending the agreement. _________________________________YOUR PERSONAL LEGAL GUIDE - 21 Insurance Claim - Automobile______________________________________ A question often heard is, if my insurance company won't agree to a value that I lost when my car was wrecked/stolen, what do I do? One solution is to submit a proof of loss. Under almost all insurance policies, if you submit a proof of loss, you then place the burden on the insurance company to either pay the proof of loss or reject it. If they reject the proof of loss, you are then entitled to sue or to arbitrate the disputed amount. Sending in a proof shows that you are serious about being paid and might result in a better settlement. Information required: the name of the insured, the named of the insurance company, the policy number, the date that the CURRENT policy commenced; the current expiration date of the policy; the model, make, type and vehicle identification number of the vehicle; state of registration and Tag number; reason for the claim (a collision, theft, fire); date of the loss; time of loss; explanation of loss (this should be very brief- for example other vehicle ran red light); if there are liens on the vehicle; if there is other insurance, enter so (ordinarily there is only one policy); if you are aware of any reason why the loss might not be covered enter this information (ordinarily no reason exists). Insurance Subrogation Agreement___________________________________ Another user request leads to the addition of a new form! In many states, if an insurer pays a claim, it is entitled to subrogation (that is the right to go after any liable party) against any third party who is responsible. This form prepares the standard form used by many insurers. The following information is required: the name of the insurance company; name of the insured; nature of the loss (fire, theft, etc.); the type of coverage claim was paid under, such as automobile, homeowners, etc.; the amount of the claim; the amount of the insured's deductible; and finally the insured must either agree that the insurer will try to collect the deductible or that they will retain it themselves. _________________________________YOUR PERSONAL LEGAL GUIDE - 22 Internal Revenue Service Power Of Attorney________________________ Before someone can represent someone else before the IRS a power of attorney must be filed. This form is a direct input of the statutory form. (And you may find an IRS agent or two who will want it rewritten; that is NOT required and the IRS has advised us that our form is okay. On the other hand.... bureaucrats can sometimes be, well.......) Lottery Pool______________________________________________________ Many offices, clubs or friends get together to buy lottery tickets. However, the potential exists for misunderstanding whenever a big prize is won for the parties involved in a pool (together with those who "remember" suddenly that they threw in a dollar to the pot or for the person holding the ticket to "forget" all those who added their money in the pot.) This form deliberately requires a new form to be created each month, because an old form with people's name who have dropped out is not a good thing to have lying around! The following data is required: the names of the pool participants; the state's name; the game(s) to be played; the name of the Lottery Pool Manager; the amount per member to be played per game. Manufacturer-Distributor Agreement________________________________ This agreement is the skeleton of a frame work for the relationship between a manufacturer and a distributor or dealer. It covers the essential terms of this business. Mutual Release Of All Claims______________________________________ At the end of some sort of legal disagreement, involving both parties claiming from one another (claim and counterclaim) which the parties have settled, a release needs to be exchanged. A release is an agreement that brings to a conclusion a dispute between parties. In its purest form a mutual release says that the parties to a dispute have settled it and neither will sue the other for anything which occurred prior to the date of the release. A release can also be used when the parties have settled a case for instance, on the basis that one is to pay the other a certain amount of money, and there are to be no other obligations remaining. Please note that we also have a unilateral release form. Use the unilateral release when one party has claimed against another and the dispute is settled. _________________________________YOUR PERSONAL LEGAL GUIDE - 23 Non-Marriage Agreements___________________________________________ You are going to live together with someone. It's smart to have a formal agreement defining the property rights of the parties. But, YOU ARE BEING WARNED HERE (!!!) this area of law is very unsettled and this agreement may not be enforced by a court or may only be enforced in a limited way. EXTREME TRUTHFULNESS IS REQUIRED. If you check off that each party has fully disclosed their assets and liabilities, and you haven't, all bets are off. We suggest that you read the "Uniform Premarital Agreement" statute, since in many cases the court will treat long term arrangements where the parties are not living together as marriages. WARNING: All is off if you get married. You need a new agreement then. Good luck! Information needed: are the parties already living together? (If so, agreement states that it is retroactive.) Have they made a full disclosure of assets? Has each party had an opportunity to seek counsel? Will parties keep separate checking accounts? Do parties waive "palimony?" (This may be unenforceable, but if this is your agreement try it.) Is it possible that the parties MAY acquire property together?? Do you desire to set percent of living expenses each party will contribute? (This can be unequal. We also put in the agreement that if one of you stops contributing, let's say due to a layoff at work, that the money cannot be adjusted or equalized out later if it goes over $ 1,000 unless there is another agreement). _________________________________YOUR PERSONAL LEGAL GUIDE - 24 Permission For Child To Go On A Trip_______________________________ If a child goes on a club or school trip, then there are several important concerns. Although we hope it never happens, if the child is hurt, then there is a possibility that medical care may be required, and hospitals/doctors want parental permission before treating a child. Therefore, this form gives two designated adult chaperons the authority to give consent for any needed treatment. In addition, the form relieves the sponsors from liability for accidents, provided that they act in good faith. Information needed: parent's, child's, and chaperons' names; purpose of trip; sponsoring organization's name; start/end of trip. Pre-Divorce Agreement______________________________________________ In some marital breakups, the parties can agree on some issues, but not all. This form, which is frequently used by attorneys, provides for resolution of a number of different issues. This agreement would then be made a part of the divorce granted by the Court. PLEASE NOTE: A divorce court in many states will not be bound by a pre-divorce agreement. No states' courts will be bound by a provision for child support. And, in all states, the court can reevaluate child support or spousal support if circumstances substantially change. The following information is required: place and date where the parties were married; number, date of birth and names of children (if any) born to the parties; disposition of debts if any; disposition of child support; insurance to be maintained by either party; division of real property (if any); and if the parties have made complete disclosures of finances and have been independently advised, this may be (but is not required to be) stated. Premarital Agreement_______________________________________________ A premarital agreement is a contract to fix the rights of parties to property prior to marriage. Many persons entering into a second (or later) marriage, want to fix each other's inheritance rights. That is, if you already have children you want to be sure that each family's children inherit from their parent. Please see the tutorial regarding the Uniform Premarital Agreement Act before beginning to prepare this form. It contains important caveats that you should be aware of regarding them. _________________________________YOUR PERSONAL LEGAL GUIDE - 25 EXTREME TRUTHFULNESS IS NECESSARY AND REQUIRED. If you put untruths in such an agreement, all bets are off. The following choices are provided: Right to share in each other's estate; Right to alimony Increase in property; Adequate separate resources to support oneself In addition you will be asked if the parties have each had a chance to seek independent counsel. Purchase Order_____________________________________________________ A purchase order is a formal offer to buy goods. These forms are very common in business. This form can generate a variety of different types of purchase orders, in particular, those for standard and custom goods. The following information is required: date of purchase order; name of the buyer [party issuing the purchase order]; name of seller and seller's address; item purchased; quantity; price per unit; tax if any; total value of purchase order; date for shipping [this can be stated as either a specific date, or as a general date, for example, as soon as possible]; shipping method [you may state "best method"]. The purchase order can require a firm date for shipping, and provide for cancellation if not shipped; the purchase order can either use standard specifications or can allow you to enter your own specifications, if specifications are stated you'll need: the number of days allowed for inspection of goods and number of days for the seller to correct non-conformitites. The purchase order can either provide for cash or terms of payment. If the seller is to set up the goods, the number of days allowed for setup. If the seller is to maintain the goods sold, the number of months of maintenance. If seller is required to train in use of goods, the number of hours of training. Request For Statement Of Account, Secured Loan_____________________ Many banks makes loans based upon personal property as assets. Obviously, the bank wants to be sure that the property has no liens (or that it knows about the liens). This form accommodates this problem. _________________________________YOUR PERSONAL LEGAL GUIDE - 26 The following information is required: names and addresses of both parties; effective date of the secured loan balance request Retail Store - Lease Of Department_________________________________ The last time that you bought a watch or shoes in a large store, were you aware that it is quite possible that this department was a "concession" rather than a part of the store itself? This is an agreement for the leasing (or subleasing) of an area within a store. The following information is required: the name of the store and licensee; term of the license in months; type of department; type of product to be sold; term in months of the license; type of department and product to be sold; square footage for retail space; number of feet for storage; percentage rental; minimum rental per year in numerals; percentage of sales to be spent in advertising; the minimum limits for insurance to be carried by the licensee. Revocation Of Acceptance___________________________________________ The Uniform Commercial Code provides that when you pick up or take delivery of goods, you have "accepted" them. However, that acceptance is not final. In fact, you can "revoke" acceptance if the goods fail within circumstances that the law would recognize as a breach of the sales contract. The following information is required: names of the parties, date of delivery, description of the goods, reason that the goods were defective, whether or not a demand for adequate assurance was made, and if so, the date, and if a lien is asserted on the revoked goods. Security Agreement_________________________________________________ This form is called many different things by different folks. Some refer to it as a "conditional sale" in which the condition is you get to keep the property if you pay a debt that you agreed to pay to acquire the property. Sometimes it is called a "Chattel Mortgage"; in some cases it is known as "Lease." All of these instruments are really security agreements. In simple words a security agreement is a LIEN on property. LIMITATIONS: Security agreements are used for tangible assets, contract rights and intangibles. They are NOT appropriate for _________________________________YOUR PERSONAL LEGAL GUIDE - 27 securities, cash or real estate. With securities a pledge and physical possession of the securities is appropriate. With cash, physical possession is required and with real estate mortgages are required (trust deeds in some states.) SPECIAL WARNING: Unless you have physical possession of the collateral certain filings are required to perfect the lien. If you don't file, your lien will be invalid against other creditors. This selection on the menu prepares three different types of security agreements. The first is a standard security agreement in which a party puts up his property for a loan or for a purchase. In this form, the debtor agrees to make good any deficiency (that is if the property is repossessed and does not bring enough in to pay off the debt, they're on the hook for the difference.) There are some further variations: whether the security is provided for a single debt or for all debts (this latter set is called a cross collateralization clause.) In addition, this selection on the menu can produce a hypothecation. (See on line dictionary for explanation). The following information is required: names of each party; a specific explanation of the property secured, either general or specific--thus you can have a lien on a specific fork-lift, or on the accounts receivable of a business; if the security agreement secures a specific debt, the date of the debt and the original principal amount; if the security agreement is a hypothecation, then the person for whom the debt is secured must be identified, together with that debt-- the date of the debt and the original amount; in all security agreements-- are there other liens on the property? (first lien vs. junior lien) and if so, the amount of the liens and the identify of the creditor; will this security agreement secure all other debts between the parties? Statement Of Account Request_______________________________________ Under the Uniform Commercial Code, a person who owes money under a secured loan may request a statement of the account including a list of the collateral held for the debt. The following information is required: name of the Secured Party; address of Secured Party; name of officer or department answering request; the name and address of the Debtor; date for which a statement is requested. _________________________________YOUR PERSONAL LEGAL GUIDE - 28 Transfer And Receipt Uniform Gift To Minor's Act___________________ The Uniform Transfer to Minors Act has replaced the Uniform Gifts to Minors Act, and governs the giving of assets to a minor without resorting to (very expensive and cumbersome) guardianships. This form is used for the transfer of assets to a custodian to hold for the minor. The following information is required: the name of the person making the gift, the minor's name and the custodian's name; the city and state of execution of the transfer form, the city and state where the minor resides; the description of the gift. The Act permits the custodian to receive compensation for acting as the custodian for the minor. In most cases, a parent or very close relative will be the custodian, and accordingly, would not expect compensation. The Act thus provides for the custodian to waive compensation and we include a choice for such waiver in this form. Unilateral Release Of All Claims___________________________________ See the discussion covering mutual release of claims. The same information is required. Unsecured Promissory Note__________________________________________ A promissory note is an UNCONDITIONAL promise to pay money. Keep the key word unconditional in mind when executing one. In addition, most promissory notes provide for negotiability. (The note which we provide is negotiable.) This form will prepare unsecured notes, either as a demand note, installment note or date certain note. In addition guarantors can also be added. The following information is required: names of borrowers and lenders, principal amount borrowed, the full address of the place where payments are due, the rate of interest on the note EXPRESSED as simple interest. The note may either be due on demand (demand notes by convention are due in one year), in installments, or all in one lump sum on a date certain. If the note is guaranteed by third parties, please indicate so. IMPORTANT NOTE: Promissory notes are signed by the borrower- the lenders signature is unnecessary (and bad form) except on the back of it as an endorsement if the note is negotiated to others. _________________________________YOUR PERSONAL LEGAL GUIDE - 29 Unsecured Note - Payment Limited To Profits________________________ It is fairly common for partners/investors/shareholders to be willing to invest more $$$ in a company, and to be willing to wait for repayment until the first profits. This provides that the first profits and all subsequent profits will be used to repay the loan. The following information is required: the name of the maker, holder, principal and interest rate. Unsecured Note - Interest Rate Contingent On Balance_______________ A fairly common deal in certain risky type of investments is a note that provides, in addition for interest, for a percentage of profits contingent on the amount of loan due. For example- $ 400,000 is borrowed, and the interest rate is set at 10%. In addition for every $ 100,000 that is owed 1% of the profits of the venture is additional interest. For all of you asking, yes this can result in usury problems in some states. However, in many states this is legal and valid. The reasoning in the majority of the states is that since there can or can't be profits, it is not usury since if there are no profits the rate (so long as the original rate is below the usury ceiling) is compliant with the usury limited. A "usury savings clause" is contained in the note which limits the interest rate to the maximum allowed by law. Our tutorial on interest rates will also help. The following information is required: the names of the MAKER and HOLDER; principal sum of the loan; the interest rate; and then the percentage of profit (in percent) per outstanding portion of principal. Vending Machine Agreement__________________________________________ If a vending machine is to be installed in a business there are a number of considerations, and this form addresses the most common ones. You'll need: the name of the property owner; name of the vending machine operator; the items which may be vended; the starting and ending date for the license; limits for required insurance coverage in numerals; Options are provided for rental payments and payments of utilities and installation costs _________________________________YOUR PERSONAL LEGAL GUIDE - 30 Power Of Attorney Forms____________________________________________ SIMPLE POWER OF ATTORNEY This form prepares multiple types of powers of attorney, including those for banking, real estate deeds, obtaining/reviewing educational records, IRS authority and other authority that you describe. The form allows you to prepare any variation of the above, that is, you can prepare a power of attorney with some or all of the powers described. A power of attorney can be revoked at any time. This form prepares a standard power of attorney. Under the law this type of power is automatically revoked by the incapacity of the principal. A "durable power of attorney" continues in effect even when the principal is disabled; or can come into effect only if the principal becomes disabled. In adding powers that you write yourself be very careful to severely limit the language. In particular put an amount limit. Information required: name, city/state of residence of the principal; name, city/state of residence of the attorney. The following powers are provided: banking (name of bank, city and state where the bank is located); real estate (description of the property); educational records power (name of school, college, and city/state where the college is located) For all powers the beginning and ending date of the power. DURABLE POWER OF ATTORNEY A durable power of attorney is one which continues in effect despite the incompetency of the principal. The following information is required: REVOCATION OF POWER OF ATTORNEY This form is used to revoke a power of attorney, either temporarily or permanently. _________________________________YOUR PERSONAL LEGAL GUIDE - 31 Real Estate Forms__________________________________________________ OFFER TO PURCHASE REAL ESTATE This is a very complicated form. Anyone who has been in the real estate business for any period of time will recommend that all parties in real estate deals, whatever size, have legal counsel. So do we. The real estate offer form is used by a buyer (and real estate agent) to make an offer to an owner. Here is the needed information: Seller's name, address; gross purchase price; legal description of the property; expiration date of the offer. Will the purchase price be paid: in cash, with terms; If mortgages are to be assumed: the amounts and mortgage holders; If the seller is to grant a new mortgage as part of the purchase price: the principal amount, rate of interest and payment terms; If the buyer will need to obtain a new mortgage, the amounts, the term of the mortgage in months, the maximum allowable rate of interest on the new mortgage, the maximum number of points to be paid by the buyer, the maximum application fee to be paid by the buyer; If there are buildings on the property; The number of days between acceptance and closing (minimum and maximum), number of days to provide title insurance by the owner; Closing costs to be paid by each party; if the parties used a realtor, the name of the realtor. This form conforms to practice in most of the east coast of the United States. _________________________________YOUR PERSONAL LEGAL GUIDE - 32 Living Will Forms__________________________________________________ Before preparing these forms, be sure to review that state's Living Will Summary from the tutorials menu. If the state isn't listed then review the "generic tutorial." NOTE: The failure to list a state means that it does not as yet have a living will law, and does not indicate an omission. Automobile Mileage Disclosure Statement____________________________ Under federal government regulations, the mileage of a vehicle must be disclosed upon its transfer. This form complies with the federal regulations for disclosure. The following information is required: names of buyer and seller; mileage; vehicle make, model, VIN.