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Powers of attorney protect servicemembers

  • Published
  • By Tech. Sgt. Chris Stagner
  • 375th Airlift Wing Public Affairs
Scott Air Force Base, Ill. --  The United States military was created to protect the country, its citizens and its interests against all enemies, foreign and domestic. Today's servicemembers find themselves doing just that as part of the Global War on Terrorism. 

The requirements to deploy, sometimes with little or no notice, have made it more important than ever for servicemembers to maintain a power of attorney. 

"A power of attorney is a legal document that lets you give another person the authority to act as your agent while you're unavailable," said Tech. Sgt. Lisa Zrucky, 375th Airlift Wing Legal Office paralegal. "This enables you to designate a friend or family member with the authority to act on your behalf to administer your personal affairs." 

There are two types of powers of attorney available to servicemembers. 

The general POA provides full rights to your designated representative. 

"With this type of power of attorney, your agent has a very broad authority to deal with all your goods and possessions," said Sergeant Zrucky. "With a general power of attorney, you empower them, legally, to represent you in all facets." 

While this type of empowerment alleviates the servicemember from making decisions while in a deployed environment, it also opens up the possibility of abuse. 

"With a general power of attorney, your agent has the ability to buy and sell property in your name, liquidate your bank accounts and purchase items using your credit," the paralegal said. "This can make you liable for a number of things you weren't prepared for if it's misused. Because of this, it is absolutely essential you trust anyone whom you empower with a general power of attorney in your name." 

For those times when a general POA is not in the best interests of servicemembers, they can empower a representative with a special POA. 

"For example," Sergeant Zrucky said, "with a special power of attorney, your agent can have the power to sell your car, inquire about your military pay or accept delivery of household goods. Your agent is limited to doing only those tasks which you have specifically allowed." 

Servicemembers do need to be aware that powers of attorney do not last forever. 

"They're automatically revoked when your agent learns of your death, the specified date of the document arrives or you affirmatively revoke or terminate the POA," she said. 

Once the POA is terminated, servicemembers should destroy all copies of the document and provide notice of revocation to creditors. 

"This protects you from misuse of the POA," she added. 

Though POAs empower friends and family to represent servicemembers during their time away to protect the country, it is important they take the time to ensure the POA is going to benefit them and their agents during their absence. 

"Not everyone accepts general POAs," said Sergeant Zrucky. "Finance, the MPF, housing and some banks and financial institutions require the use of a special POA or, in some cases, the use of their own POA form. 

"Since there is no legal obligation that requires third parties to allow your agent to act on your behalf, even with the POA, it's important for servicemembers to know which POA they need to ensure their affairs are handled in their absence," she said. "Spending a little time and energy before a deployment getting the proper POAs accomplished can save a lot of time and anguish if something comes up during the deployment."