how to give power of attorney military spouse

What is a POA in the military?

The Power of Attorney is a legal document that the soldier can execute to name someone to act on his behalf.

What does a general POA do?

The general POA gives the appointed agent the ability to act in place of the soldier. With a general POA, the person can inquire on accounts, write checks, withdraw money, enter into a lease, etc. About the only thing that the general POA doesn’t cover is the ability to stand in the soldier’s place in a court of law.

What is a POA?

The Power of Attorney is a legal document that the soldier can execute to name someone to act on his behalf. It is a very powerful document and great care should be taken in choosing the POA. There are two types of POAs – general and special (also called limited). The general POA gives the appointed agent the ability to act in place of the soldier.

Why do we need a special POA?

Many companies and organizations are more willing to accept a special POA because the soldier’s intent for the POA is documented specifically.

Can a business refuse to accept a POA?

In addition to notifying the person acting on your behalf, all agencies that are operating under the POA must also be notified. 3. A business can refuse to accept the POA. Some banks have specific forms that need to be filled out. Check with the bank before deployment. 4.

Can a soldier give someone else control over his affairs?

Many times, there is no reason for a soldier to give someone else this much control over his affairs. A special POA can be drawn up to be used in specific situations, rather than broadly as is the case with the general POA.

What is a power of attorney?

Power of Attorney is a written document that gives you the authority to act on behalf of your service member while he or she is deployed. It comes in handy for a variety of things like moving up on the government housing list, accessing emergency assistance funding, renewing ID cards and taking care of other financial duties.

How to contact military OneSource?

If at any point you have a question about POA or need some help with understanding what to specify in the document, you can call Military OneSource at 800-342-9647 or you can reach out to your local JAG office. And hopefully the next time your spouse deploys, you’ll take care of this step before he or she leaves.

Do you need a POA for deployment?

3) It’s always a good idea to have POA throughout the length of a deployment in case an emergency comes up and you don’t have the time to obtain POA from your spouse. Before going to the notary, your spouse will need to look through the forms to make sure there are no errors.

When filling out POA, do you want to choose an expiration date?

When filling out the documents, your spouse will want to choose an expiration date that coincides with their return from deployment. You do this for several reasons: 1) Once your spouse returns you will no longer need POA since he or she will be able to take care of his or her own affairs.

Do you need a notary to witness your spouse signing?

The notary will need to witness your spouse signing the documents and then will need to provide their own signature/stamp to make them valid.

Can a spouse sign a power of attorney?

Here’s the General Power of Attorney form and the Special Power of Attorney form. Your spouse will fill out the appropriate information but they SHOULD NOT sign the form at the bottom. A notary must be present before your spouse can sign the document. If your spouse doesn’t have access to a computer and printer, ...

Do notaries sign and seal documents?

Notaries will not sign and seal documents with corrections on them. If your spouse makes a mistake, he or she will have to start over with new forms, so it’s important they go slow and do it right the first time! After notarizing the documents, you will want to keep a copy for your own records.

What is a military power of attorney?

United States law has special provisions for a military power of attorney, which allows the drafter of the POA to avoid some formalities that usually come with creating the document.

What does a POA do for a spouse?

As the spouse of a deployed service member, you may need a power of attorney to handle your spouse's financial affairs or step in and make medical decisions should something happen to your spouse. By drafting a POA, your spouse will make you his agent, allowing you to act on his behalf.

What is a durable POA?

Additionally, the principal may create a durable POA for health care, which allows the agent to make health care decisions for the principal if she becomes disabled and cannot make decisions for herself.

What is POA in real estate?

A POA may give the agent authority to perform a specific task for the principal, or the authority may be broad. For example, the POA may limit the agent's authority to filing taxes for a specific year or selling one piece of property owned by the principal.

What is the difference between a POA and a POA?

The main differences between a military POA and other POAs is that it allows more flexibility in the form, substance and execution of the document. This allows a deployed service member to create the document when it would otherwise be burdensome to do so.

Is POA recognized in every state?

However, so long as the POA meets the requirements for a military POA, it will be recognized in every state. References. United States Code: 10 USC § 1044a - Authority to Act as Notary. United States Code: 10 USC § 1044b - Military Powers of Attorney: Requirement for Recognition by States.

Do all states have to recognize POA?

All states are federally required to recognize a military POA, despite the fact that the POA may not meet the state's usual requirements for such a document. The state may require other POAs to be recorded with the court or notarized by an official state notary.

How to mitigate the risks of a power of attorney?

How to Mitigate the Risks. By knowing the risks of a power of attorney, before you grant such authority, can help you to mitigate the risks associated with the document. Step 1: Have implicit trust in your agent. Step 2: Limit the power of attorney to certain functions.

What are the pros and cons of a power of attorney?

Pros and Cons of a Power of Attorney. Giving an agent power of attorney does have its advantages, including: Drafting a power of attorney document is an inexpensive way to manage your affairs. The legal fees are often much less than the fees associated with securing a conservatorship, for example.

What is a POA?

A power of attorney, by definition, is a written document where a principal (you, the designator) designates authority to an agent (i.e. your trusted friend or family member) to act on your behalf. A POA gives an agent the ability to endorse checks, sign contracts, buy property, access bank accounts, and a number of other legal functions.

What are the disadvantages of a power of attorney?

While a power of attorney has its advantages, it’s important also to be aware of the disadvantages, including: 1 Powers of attorney are not supervised by the court. There is no direct supervision over an agent with power of attorney. 2 Not all third parties will accept a power of attorney as valid. Some banks and agencies will not recognize a power of attorney drafted by an attorney. Certain establishments will require a power of attorney to be drafted on their unique paperwork. 3 If you agent decides to become untrustworthy, you could lose property or rights to property. Agents have been known to empty bank accounts, sell property without the designator’s knowledge, or transfer titles for homes and vehicles into their own names. Because power of attorney gives people the legal authority to do these things and more, be aware that you will have no legal recourse if someone decides to take advantage of your trust in them. 4 They don’t work post-mortem.

What to do if you aren't married?

If you aren’t married, but would like to have someone available to take care of affairs on your behalf should the need arise, consider a close relative to as your agent. Either a parent or a sibling would be a good choice. Since they won’t need to access your bank accounts like a spouse would, a general power of attorney would probably be giving your family too much authority over your affairs. A specific or durable power of attorney could help you lay out what you need that relative to take care of and when, and you wouldn’t have to worry as much about their taking advantage of being your agent.

Can a power of attorney be supervised?

Powers of attorney are not supervised by the court. There is no direct supervision over an agent with power of attorney. Not all third parties will accept a power of attorney as valid. Some banks and agencies will not recognize a power of attorney drafted by an attorney. Certain establishments will require a power of attorney to be drafted on their ...

Can a power of attorney act on your behalf?

If your agent doesn’t need access to all of your affairs, they shouldn’t have the ability to act on your behalf for all of your affairs, plain and simple. If you aren’t sure which power of attorney to grant, talk to legal counsel and seek professional advice before signing off on any power of attorney document.

What is a power of attorney?

A power of attorney consists of two parties, the "principal" and the "agent.". The principal is the person who designates that another person -- the agent -- is authorized to act on their behalf for whatever business the power of attorney permits.

What are the different types of powers of attorney?

Types of Powers of Attorney. There are two main types of powers of attorney: A general power of attorney -- which lets your agent can conduct any sort of business on your behalf, like buying a car or signing a lease in your name. This type of power of attorney should be used very carefully. A specific power of attorney -- which lets your agent ...

Can a power of attorney buy a car in your name?

With a specific power of attorney your agent can do things like communicate with the VA about your disability claim. The agent cannot, however, do anything else on your behalf like buying a car in your name, unless you authorize it.

What is a special power of attorney?

A special power of attorney, or limited power of attorney, is specific to a certain transaction or business relationship. This may include powers of attorney for specific bank accounts, vehicles or actions such as the sale of a particular property. A special power of attorney should include detailed information.

What can a military member ask for?

At some point in their military career, your service member may ask if you can help them with certain personal business that can be hard to handle if they have limited communications or access to technology. This may include a wide variety of transactions including paying bills, handling banking or insurance, or selling property.

How long does a power of attorney last?

A regular power of attorney lasts until it expires, until it is revoked, until the grantor becomes incapacitated or until either party dies. Durable: A durable power of attorney also usually takes effect when signed and lasts until it expires, until it is revoked or until either party dies.

What information do you need to be a POA?

If you are being asked to be a POA then you will need to know detailed information such as the bank account name and number, Vehicle Identification Numbers, or insurance policy companies and numbers, whether or not they are added to a POA.

Does the military have powers of attorney?

The military maintains legal services offices to prepare powers of attorney for service members, and may bring the legal services to the individual units before deployments or other operations. Even better: These services are free to your service member.

Does a POA expire?

They may or may not have an expiration date. Termination: A power of attorney is limited to a specific period of time or around a certain event, such as during the length of a deployment. The POA automatically expires when that time period or event has concluded.