§4022 — Title 50 War and National Defense | U.S. Code

Summary

A servicemember’s power of attorney will keep working for as long as the servicemember is in a missing status (as defined in section 551(2) of title 37) if three things were true when it was signed: it was signed either while the person was in military service or before entering service after they were called or warned they might be called; it names the spouse, a parent, or another relative to act for the servicemember for some or all matters; and the document’s own end date comes after the person became missing. If the paper clearly says it ends on a specific date, it will not be extended even if the servicemember later becomes missing.

Title 50, §4022

War and National Defense — Source: USLM XML via OLRC

(a)A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37) if the power of attorney—

(1)was duly executed by the servicemember—

(A)while in military service; or

(B)before entry into military service but after the servicemember—

(i)received a call or order to report for military service; or

(ii)was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;

(2)designates the servicemember’s spouse, parent, or other named relative as the servicemember’s attorney in fact for certain, specified, or all purposes; and

(3)expires by its terms after the servicemember entered a missing status.

(b)A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 592 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

A prior section 702 of act Oct. 17, 1940, ch. 888, art. VII, as added Pub. L. 102–12, § 4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L. 104–106, div. A, title XV, § 1501(e)(3), Feb. 10, 1996, 110 Stat. 501, related to professional liability protection for certain persons ordered to active duty in armed forces, prior to the general amendment of this Act by Pub. L. 108–189. See section 4023 of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.

§4022 Power of Attorney