What Is a Military Power of Attorney (POA)?
A military power of attorney (POA) lets a service member delegate an agent to handle their affairs if they are unable to. As the “principal,” the service member outlines the authority they want their agent to have in the POA. Once executed, the POA becomes legally binding. From there, the agent can act on the service member’s behalf to manage legal or financial matters.
Military members write a POA for peace of mind, as deployment can prevent them from completing tasks in person. Even if a task allows for virtual completion, a military member may not be readily available. A busy training schedule or limited access to technology can make it difficult for them to complete tasks back home. With a military POA, the principal can rest assured knowing a trusted agent will handle their affairs while they’re away.
Federal law (10 USC § 1044b) guarantees that a military POA is effective across all 50 states. However, private banks and other institutions don’t have to automatically accept them. They may enforce other standards to comply with internal rules.
Types of Powers of Attorney for Military Members
Different types of POAs benefit military members experiencing unique situations. Learn about general, limited, durable, and springing powers of attorney and their uses for military personnel.
General Power of Attorney
A general power of attorney is a comprehensive legal document that grants the agent the authority to take broad actions on behalf of the service member appointing them. Without defined restrictions, the agent can handle wide-ranging affairs. It usually terminates when the principal becomes incapacitated, unless it is durable.
Limited Power of Attorney
A limited power of attorney doesn’t have the same legal effect as a general POA. It specifies the transactions an agent can handle on behalf of the principal and typically ends when its role has been fulfilled. Within a limited or special power of attorney document, a service member may specify that an agent can complete the following actions on their behalf:
- Enroll in Tricare
- Claim VA benefits or military retirement pay
- Receive or pick up mail
- Accept or reject shipments of household goods
- Accept or reject military housing (on- or off-base)
- Access bank accounts
- Sign rental agreements
Durable Power of Attorney
A durable power of attorney lasts until the principal or agent passes away or the principal revokes it. If the military member becomes incapacitated while serving, their agent can generally still act for them under the document’s terms.
Springing Power of Attorney
A springing power of attorney only comes into effect when a specific circumstance detailed in the document occurs. If a military member wants a springing POA, they can specify that it becomes active when one of these events occurs:
- They become incapacitated
- They become deployed overseas
- They move to a new duty station
- They are injured or hospitalized while in the line of duty
- Their child is born (for healthcare enrollment purposes)
- Their spouse has the need to apply for emergency assistance
How to Get a Military Power of Attorney
If you’re a service member in the Army, Marine Corps, Navy, Air Force, Space Force, or Coast Guard seeking a military-designated authority, you can research and plan thoroughly before completing the necessary form. Follow these steps to get a military power of attorney form.
Step 1 – Understand the Legal Requirements
First, get a lawyer to help you understand what needs to be included in your document to protect yourself and set clear instructions for your agent. The military offers free legal services to military members, so find and contact your nearest military legal assistance office for an appointment to get started on creating a proper military POA.
Step 2 – Choose a Trusted Agent
Find a trustworthy person in your life to choose as your designated agent. Check their track record for handling their own finances or legal decisions. Choosing someone with deep experience in the field in which they’ll be making decisions, such as banking or accounting, may help give you peace of mind while you’re away serving in your position.
If you’re married, you can name your spouse as your agent. Note that even though a spouse can become an agent, the military member must fill out their own POA. A spouse cannot get a power of attorney on behalf of a service member.
Step 3 – Establish the Terms & Conditions
Consider which powers you want or need to give to the agent. Have thorough meetings with the agent and your lawyer before the document goes into effect to make final decisions on the document’s parameters. Make sure both parties understand their rights and responsibilities.
Step 4 – Fill Out the Form
Complete your military POA with the following information:
- Your name, address, and contact information as the principal
- Your agent’s name and address
- Information on a successor agent (if you will have one)
- The scope of authority you want to assign
- Special instructions for the agent
- Durability (durable vs. non-durable)
- The effective date (immediately or on a certain date)
- Termination, if applicable (on a specific date or following a certain event, like the conclusion of the principal’s military service)
- Guardian nomination, if applicable
Step 5 – Sign & Consider Notarization
Sign the document to authorize the agent’s authority over your designated affairs. You must get a military POA notarized, according to 10 USC § 1044b, but it doesn’t need to abide by your state’s laws. If your state requires witnesses or other procedures, you don’t need to seek these. Your military POA will be valid in all states as long as it’s signed by the principal and notarized by a notary public.
Step 6 – Fulfill Additional Requirements
Depending on the organization that needs your POA, you may need to gather additional documentation or meet supplemental conditions. A private business may deny a military POA if it doesn’t uphold organizational requirements.
Check with your bank, insurance company, and other institutions to see which documentation is necessary for them to accept a POA on your behalf. Many institutions have their own requirements, some of which may include the following:
- An affidavit stating that the POA has not been revoked
- Proof that the POA has been activated (e.g., a deployment letter if a springing POA only becomes activated upon deployment)
- Proof of relationship (such as a marriage certificate for a spouse-agent)
- Account statements or policy numbers tied to the affairs being managed
- Witnesses’ signatures (in addition to that of a notary public)
Sample Military Power of Attorney
View an example of a military power of attorney form to see what authorities you can assign while you’re away from home. Then, create your own using our guided form and download a copy in PDF or Word format.