Military Powers of Attorney
MILITARY POWER OF ATTORNEY REQUIREMENTS:
A Military Power of Attorney is exempt from any requirements as to form, substance, formality or recording under state laws and given the same legal effect as a power of attorney prepared and executed in accordance with state laws (10 USC 1044a & b). The military power of attorney will usually, but not always, contain the following language as a preamble: “This is a military Power of Attorney prepared pursuant to section 1044b of title 10, United States Code, and executed by a person authorized to receive legal assistance from the Military Service. Federal law exempts this power of attorney from any requirement of form, substance, formality, or recording that is prescribed for powers of attorney by the laws of a State, the District of Columbia, or a commonwealth, territory, or possession of the United States. Federal law specifies that this 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.” (32 CFR Part 153 Appendix C)
Please contact your WFG underwriter if you have a question about whether a given Power of Attorney meets the requirements for a military power.
NOTARY RULES FOR MILITARY POWERS OF ATTORNEY
10 USC 1044a extends general powers of a notary public to all judge advocates, all civilian attorneys serving as legal assistance attorneys, all adjutants, assistant adjutants, and personnel adjutants, all other members of the armed forces who are designated by regulations of the armed forces or by state law to have those powers, and all employees of a military department or the Coast Guard who are designated by regulations of the Secretary of Defense or by a state to have those powers for exercise outside the United States. The powers specified above are extended to all notarial acts done for members of any armed forces, other persons eligible for legal assistance under the provisions of 10 USC 1044 or regulations of the Department of Defense, persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam and the Virgin Islands and other persons subject to the Uniform Code of Military Justice outside of the United States.
Notwithstanding that a Military Power of Attorney does not need to comply with certain state requirements, WFG will insure a transaction in which a Military Power of Attorney is being used provided that all of the following requirements have been met:
- The power of attorney has been executed by the principal giving the power;
- The power of attorney has been properly acknowledged by a person having the powers of a notary public under federal or state law (see Section above entitled “Notary Rules for Military Powers of Attorney”);
- The power of attorney authorizes the agent to perform the specific acts necessary to consummate the transaction; e.g., to sell and convey in the case of a sale or to mortgage or encumber in the case of financing;
- The military status of the person giving the power of attorney is confirmed by a telegram, letter or email from the commanding officer (or other applicable superior) of such person and if confirmation cannot be obtained, then by an affidavit from a person having personal knowledge; and
- Reasonable evidence that the principal giving the power of attorney is still alive.