Name someone to handle matters in your absence: Military Power of Attorney
What is a Military Power of Attorney?
A Military Power of Attorney (PoA) is a legal document that gives a person or entity the authority to manage legal and financial matters for an individual in the military, such as signing contracts, accessing their bank account, and buying or selling real estate.
The person giving permission is called the "principal," and the individual or organization gaining authority is known as the "agent." As a result of having a Military PoA, your agent(s) can provide verification to financial institutions and other parties that they can sign documents or take other actions for you when you are not present or able.
Making your own Military Power of Attorney with Rocket Lawyer is as easy as answering a few simple questions. Get started now!
When to use a Military Power of Attorney:
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You're in the military and want to grant Power of Attorney to a friend or family member while you're traveling for training purposes, stationed at a base away from home, or deployed overseas.
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You're married to someone in the military and want to create a Power of Attorney for your spouse to sign which grants you certain authority over their legal or financial needs.
Sample Military Power of Attorney
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MILITARY POWER OF ATTORNEY
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.
KNOW ALL PERSONS BY THESE PRESENTS:
That I, , currently residing in , (the "Grantor"), do hereby appoint , of , , , my true and lawful "Attorney-in-Fact" to do the following in my name and in my behalf:
| Take Possession of Personal Property and Household Goods. To take possession and order the removal and shipment of any of my personal property from or to any warehouse or other place of storage, safekeeping, or use and to execute and deliver any receipt of other instrument necessary or convenient for such purpose. |
| To buy, contract to buy, receive, lease or otherwise acquire real estate or any options therein or interest therein |
| To draft checks and other negotiable instruments in my name and to otherwise withdraw from and/or deposit into |
| Transactions in My Name. All business transacted hereunder for me or for my account shall be transacted in my name, and all endorsements and instruments executed by my attorney for the purpose of carrying out the foregoing powers shall contain my name, followed by that of my attorney and the designation "attorney-in-fact." |
| Indemnify and Hold Harmless. I HEREBY AUTHORIZE MY ATTORNEY-IN-FACT TO INDEMNIFY AND HOLD HARMLESS ANY THIRD PARTY WHO ACCEPTS AND ACTS UNDER OR IN ACCORDANCE WITH THIS POWER OF ATTORNEY. |
| Termination of Power of Attorney. This Power of Attorney shall become effective when I sign and execute it below. Unless sooner revoked or terminated by me, this Power of Attorney shall become null and void on . |
| Notwithstanding my insertion of a specific expiration date herein, if on the above specified expiration date I shall be, or have been, carried in a military status of "missing," "missing-in-action" or "prisoner of war," or if I should be or have been properly certified, in writing, by a physician to be disabled from or incapable of exercising control over my person, property, personal affairs, or financial affairs, then this Power of Attorney shall automatically remain valid and in full effect until sixty (60) days after I have returned to the United States Military control following termination of such status or sixty (60) days after I have recovered from such disability unless sooner revoked or terminated by me. |
IN WITNESS WHEREOF, I have hereunto set my hand an seal on this day, .
______________________________
Grantor
On ____________________ before me, ____________________, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same his/her authorized capacity, and that by his/her signature on the instrument the person executed the instrument.
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who is personally known to me or who has produced ________________________________ as identification.
Military Power of Attorney FAQs
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How can I get a Military Power of Attorney form online for free?
It's very easy to give or receive the authority you may need using a free Military Power of Attorney template from Rocket Lawyer:
- Make your PoA - Provide a few details and we will do the rest
- Send or share - Look over the document with your agent or get legal help
- Sign and make it legal - Mandatory or not, notarization and witnesses are a best practice
This method, in many cases, will end up being notably more affordable than hiring your average attorney. If necessary, you may prepare this PoA on behalf of a family member, and then have that person sign it once you've drafted it. Please note that for a PoA form to be legally valid, the principal must be an adult who is mentally competent at the time of signing. If the principal has already been declared incompetent, a court-appointed conservatorship might be required. When facing this scenario, it would be best for you to connect with a lawyer .
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Why should I have a Power of Attorney for Military Personnel?
Every person over 18 should have a Power of Attorney. Although it is challenging to acknowledge, a day might come when you can no longer deal with your affairs on your own. There will even be moments when you're merely out of reach. Here are some typical occasions in which you might find PoA forms to be helpful:
- You currently live out of state or abroad
- You are aging or dealing with ongoing health issues or limited mobility
- You are preparing to move out of your home and into a community care facility
- You would like to authorize someone to make decisions on your behalf in the event that you become legally incompetent or incapacitated
Regardless of whether your Military Power of Attorney is being drafted as part of a long-term plan or produced in response to an urgent issue, notarization and/or witnesses are strongly encouraged as a best practice for protecting your document if its authenticity is questioned.
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Which type of Power of Attorney do I need to have?
There are several different ways to categorize Power of Attorney documents. They are mainly based on how long the powers will be valid, when they will come into effect, and what they provide authority over. Frequently, you may find them separated into four buckets:
- Durable Power of Attorney - Would remain valid even if you become incapacitated or mentally incompetent
- Springing Power of Attorney - Would be activated based on certain guidelines
- General Power of Attorney - Would grant broad powers over your affairs
- Special Power of Attorney - Would grant limited authority over specified matters
When generating your free Military Power of Attorney, you may choose to have the agent's power begin upon signing, on a precise day, or only at the point when you're no longer capable. Your Power of Attorney may end either upon your death or on a specific date.
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Do I need to hire a lawyer for my Military PoA?
Power of Attorney forms for military personnel are normally straightforward; however, you or your agent might have questions. It may depend on whom you approach, but quite often some lawyers may not even accept requests to review a document that they did not work on. A more favorable approach would be via Rocket Lawyer On Call® network of attorneys. If you become a Premium member, you have the ability to ask for feedback from an experienced attorney or send additional questions about your Power of Attorney. As always, we'll be here to support you.
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How much does it traditionally cost to get a Power of Attorney form?
The cost of working with a legal provider to write a Power of Attorney might range between two hundred and five hundred dollars, depending on your location. Different from many other Power of Attorney template websites that you might discover, Rocket Lawyer gives members up to a 40% discount when hiring a lawyer, so an attorney can represent you if you ever require help.
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What are my next steps after drafting a Military Power of Attorney?
As a Rocket Lawyer member, you will be able to make edits, save it as a Word or PDF document, and print it out. In order to wrap up your Power of Attorney, it must be signed. You will need to provide a final copy of your signed document to your agent(s), financial institutions, and other impacted parties.
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Does a Military Power of Attorney need to be notarized, witnessed, and/or recorded?
The rules and restrictions for PoA forms vary in each state; however, it is strongly recommended to have your Power of Attorney signed by at least one witness and/or a notary public in order to reinforce its authenticity. If your agent(s) will manage real estate transactions, the Power of Attorney will need to be signed before a notary and filed or recorded with your county. Finally, as a basic rule, witnesses will need to not be under 18 years old, and none of them should also be acting as your PoA agent.
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