Military Power Of Attorney Template

A Military Power of Attorney form is a legal document that allows a service member to grant another person the authority to act on their behalf, particularly in matters requiring legal or financial decisions. Prepared in accordance with Title 10, United States Code, Section 1044b, this form is recognized across all states and jurisdictions within the United States, due to federal law which mandates its acceptance. Filling out this form accurately is crucial to ensure your affairs are handled as intended while you're unable to do so yourself.

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The Military Power of Attorney form is a crucial document for members of the United States Armed Forces, providing a means to ensure that their personal affairs can be managed during their absence due to military duties. Crafted under the auspices of Title 10, United States Code, Section 1044b, it offers legal assistance recipients within the military a unique tool that bypasses state-specific formalities, allowing for a uniform, federally recognized form. This exemption grants it a legal standing across all states, commonwealths, territories, districts, or possessions of the United States, echoing the federal mandate for its acceptance and effectiveness nationwide. Specifically, it empowers a designated attorney-in-fact to perform a broad range of actions on behalf of the service member, from filing claims against the U.S. Government for personal property damage to handling various personal affairs with full authority. The document not only outlines the broad powers granted to the attorney-in-fact but also stipulates the conditions under which these powers are executed, ensuring that the service member's interests are protected. This document serves as a lifeline, ensuring continuity in legal and personal matters for those serving, often in far-flung postings, safeguarding their legal and financial interests despite the distances from home.

Contents

Military Power Of Attorney Example

This is a military power of attorney prepared and executed pursuant to Title 10, United States Code, Section 1044b by a person authorized to receive legal assistance from the military services. Federal law exempts a military power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of any state, commonwealth, territory, district, or possession of the United States. Federal law specifies that a military power of attorney shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the jurisdiction where it is presented.

SPECIAL POWER OF ATTORNEY

KNOW ALL PERSONS BY THESE PRESENTS:

That I, ___________________________________________________________, a legal resident

of the State of ______________________________________, and an active duty member of the

United States Armed Forces, social security number being ______ - ____ - ________, by this

document do make and appoint, _________________________________________________ as

my true and lawful attorney-in-fact to do and execute any or all of the following acts or things:

To execute and deliver all necessary forms, papers, certificates and receipts necessary to file a claim against the U.S. Government under the Military Personnel and Civilian Employee Claims Act, or any other relevant statute, for damage to my personal property, to execute any settlement thereof, and to take possession of any monies offered in settlement thereof.

IHEREBY GIVE AND GRANT to my said attorney-in-fact full power and authority to perform every act and thing whatsoever that is necessary or appropriate to accomplish the purposes for which the power of attorney is granted, as fully and effectually as I could do if I were present; and I hereby ratify all that my said attorney-in-fact shall lawfully do or cause to be done by virtue of this document.

FURTHER, I do authorize my aforesaid attorney-in-fact to execute, acknowledge and deliver any instrument under seal or otherwise, and to do all things necessary to carry out the intent hereof, hereby granting unto my said attorney-in-fact full power and authority to act in concerning the premises as fully and effectually as I may do if personally present.

PROVIDED, however, that all business transacted hereunder for me shall be transacted in my name, and that all endorsements and instruments executed by my said attorney-in-fact for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my said attorney-in-fact and the designation “attorney-in-fact”.

UNLESS SOONER REVOKED OR TERMINATED BY ME, this Power of Attorney shall become NULL and VOID from and after the ______ day of ____________________,

________.

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IN WITNESS WHEREOF, I have hereunto set my hand and seal this ______ day of

____________________, ________.
	____________________________________
	Signature
STATE OF _____________________________	)
	)
CITY/COUNTY OF _______________________	)

On this ______ day of ____________________. ________, before me,

____________________________________, and who is known to me to be the person whose

name is subscribed to the within Special Power-of-Attorney and acknowledged that he/she executed the same for the purposes therein contained, as his free act and deed.

Sworn to and subscribed before me this ______ day of ____________________,

________.

______________________________

Notary

My Commission Expires:

(NOTE: Have this form notarized, if possible, otherwise have the form witnessed)

______________________________

Witness

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⇓ PDF File

Document Specifications

Fact	Detail
Form Purpose	This form is a military power of attorney prepared and executed pursuant to Title 10, United States Code, Section 1044b.
Legal Assistance Authorization	It is used by authorized individuals to receive legal assistance from the military services.
Exemption from State Requirements	Federal law exempts this form from any state, commonwealth, territory, district, or possession's requirements regarding form, substance, formality, or recording.
Legal Effect	It must be given the same legal effect as a power of attorney prepared and executed according to the laws of the jurisdiction where it is presented.
Scope of Authority	The appointee is granted full authority to perform acts necessary to file claims against the U.S. Government under applicable statutes for damage to personal property and execute settlements.
Ratification of Actions	The document ratifies all lawful actions taken by the attorney-in-fact on behalf of the grantor.
Business Transaction Requirement	All business transacted must be done in the grantor's name, with endorsements and instruments executed by the attorney-in-fact to include the grantor's name and the designation “attorney-in-fact”.
Validity Term	The power of attorney remains valid until the specified expiration date unless sooner revoked or terminated by the grantor.
Execution Requirement	The form requires the grantor's signature and, ideally, should be notarized, though witnessing is an alternative if notarization isn't possible.
Notarization Process	When notarized, the document must be signed before a notary public who acknowledges the grantor's execution of the document for its stated purposes.

Documents used along the form

When dealing with legal and administrative affairs, individuals in the military often need to prepare not only a Military Power of Attorney (POA) but also several other forms and documents to ensure their matters are thoroughly managed. This collection of documents can help safeguard their interests, especially when deployed or unable to handle these affairs personally.

Advance Directive/Living Will: This document outlines a person's wishes regarding medical treatment if they become unable to communicate or make decisions due to illness or incapacity.
Last Will and Testament: Specifies how a person's property and assets should be distributed after their death, and can also appoint guardians for minor children.
General Power of Attorney: Authorizes a designated individual to manage a wide range of legal and financial affairs on behalf of the grantor, unlike the Military POA which is more specific in scope.
Healthcare Power of Attorney: Designates someone to make medical decisions on behalf of the grantor if they are unable to do so themselves, complementing the Advance Directive.
Servicemembers' Group Life Insurance (SGLI) Form: Allows service members to designate beneficiaries for their life insurance policy, change coverage amounts, or update personal information.
Record of Emergency Data (RED) Form: Used by the military to record emergency contact information and beneficiary designations for various military benefits in the event of the service member's death.
Uniformed Services Identification and Privilege Card: While not a form per se, ensuring this ID is up-to-date is crucial for accessing military benefits and services for both service members and their dependents.
Deployment Checklist: Not a legal document, but essential for preparing for deployment, including legal, financial, and personal preparations that may involve the creation or updating of several of the documents listed above.
Child Care Plan: For service members with dependents, outlining care provisions for children in the event of deployment is crucial. Though not a formal legal document, it's often required by the military to ensure family readiness.

For members of the military, staying prepared involves more than physical and tactical readiness. It includes having a comprehensive legal and administrative plan in place. By ensuring that they have not only a Military Power of Attorney but also other critical documents, service members can protect themselves, their interests, and their loved ones regardless of where their duties take them.

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