PRIA, Government Policy, Made Personal

Summary

Automatically extend a servicemember’s power of attorney while they are missing if three things are true: it was properly signed either while in service or after the member got a call or order to report (or was told they might be called); it names the spouse, a parent, or another named relative to act for the member; and the POA’s stated end date comes after the member became missing. The POA is not extended if the paper clearly says it ends on a specific date, even if the member later goes missing.

Title 50, §4022

War and National Defense, Source: USLM XML via OLRC

(a)Automatic extension

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)Limitation on power of attorney extension

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