How to Obtain Military Power of Attorney

Military powers of attorney must be made in writing.

Military personnel can use powers of attorney for a variety of purposes. Through these legal documents, military personnel grant someone else the legal right to act on their behalf in financial or other situations. Powers of attorney come in very handy when facing extended deployments or assignments. The service member must grant these powers willingly, and while state laws differ on what is required, power of attorney grants must be made in writing.

Instructions

1. Put it in writing. Powers of attorney must be made in writing. You can write it yourself, use pre-made forms or have an attorney write one for you.

2. Name the parties. Military power of attorney (POA) is granted from the service member, known as the principal, to the agent, alternately called the attorney in fact. The principal must willingly grant the POA, and can name any competent person as the agent, typically an agent is a trusted friend or family member.

3. Name the powers the agent will have to act on behalf of the service member. The POA document must list in detail these powers. These can be as broad or as limited as the principal desires. Attorney power comes into effect only in circumstances specified in the document, such as if the principal is wounded.

4. Sign and notarize the POA. The principal must sign the POA document. The agent may or may not have to sign, depending on state law. Notarizing the POA is always a good idea even if state law does not require it.

5. Contact third parties. Powers of attorney allow you to act on the service member's behalf when dealing with third parties like banks or other institutions. Contact any third parties the agent may deal with. Third parties sometimes need specific forms or other requirements before recognizing any power of attorney, so make sure your POA meets their standards before you deploy.

Tips & Warnings

• Contact a lawyer. While creating a power of attorney isn't difficult, making sure third parties recognize it may require the help of a qualified attorney. Power of attorney laws differ by state, so talk to a licensed attorney in your area before using any power of attorney.

References

• Missouri Department of Revenue: Military Application with Power of Attorney
• The Nevada Bar: Power of Attorney Forms

Resources

• publiclegalforms.com: Military General Power of Attorney