Title 10 — Armed ForcesRelease 119-73

§1044b Military powers of attorney: requirement for recognition by States

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 53— - MISCELLANEOUS RIGHTS AND BENEFITS › § 1044b

Last updated Apr 6, 2026|Official source

Summary

Military powers of attorney must be treated the same as powers of attorney made under a State’s laws, even if they do not follow a State’s usual form or recording rules. A military power of attorney is any general or special power of attorney notarized under section 1044a or other State or Federal law. The Secretary concerned must issue rules that require a statement saying this, but missing the statement does not remove the protection. “State” includes the District of Columbia, Puerto Rico, and U.S. possessions.

Full Legal Text

Title 10, §1044b

Armed Forces — Source: USLM XML via OLRC

(a)A military power of attorney—

(1)is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and

(2)shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.

(b)For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.

(c)(1)Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).

(2)Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.

(d)In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.

Reference

Citations & Metadata

Citation

10 U.S.C. § 1044b

Title 10 — Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73