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Power of Attorney?

Anyone have these?

I've been told we should get me a general PoA for H, so I can handle all of our paper work since he'll be unavailable during most business hours.

He has a meeting schedule tomorrow with TMO or PMO, I'm not sure what he said...to turn in all of our move info and they told him I have to have a power of attorney if I have to go because he can't....

So....anyone know how/where I get one? :/

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Re: Power of Attorney?

  • Your base/post legal office can help you out.

    There are two kinds of PoA -- general, and specific.   A general PoA allows you to act on his behalf in any and all maters (and usually names a bunch of different times when it can be used).  However, agencies DO NOT have to honor a general PoA, and many do not, because they are often abused.   In fact, a lot of base agencies won't honor a general PoA.   A specific PoA outlines a specific purpose (selling a house, selling a car, dealing with the finance office, etc) -- these dictate specific terms that have to be met, like the car's VIN, registration, and minimum ammount it can be sold for.   

     Most people only worry about PoAs when the member is deploying, or if they are getting stationed overseas and want to leave someone stateside to deal with matters that can be tricky while overseas.  If you are both together, then I can't really see a need for you to have a PoA.   

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  • I have PoA for H.  That was part of his pre-deployment check list.  I am not sure if he was just doing it to prevent any delay or what never the less I have it just to be on the safe side. 
  • 1. TMO. PMO is the cops.

    2. I wouldn't waste time getting a general POA since as the pp stated those do not have to be accepted.

    3. I disagree with the PP and would say that a POA is very much necessary even if the SM isn't deployed. Between long working hours and being in the field there will be plenty of times that having that POA will save a lot of headache.

    Baby Birthday Ticker Ticker
  • imageLace&Josh:

    1. TMO. PMO is the cops. 

    Lmao. Oops. I'm so glad you clarified that for me....I didn't know what PMO was. =)  

    I'll try and check on base though...but seeing as how H isn't home and it's now 5 p.m. I'm thinking that won't work out for his appointment tomorrow.  

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  • This is C&P from the AF legal assistance website.  I apologize if formatting is weird.

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    Power of Attorney Guide

    The material in this handout represents general legal principles.  The law is continually changing; although the information in the handout was current as of the date it was drafted, some provisions in this pamphlet may have changed.  It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.

     

    Power Of Attorney

    A Power of Attorney (POA) is a written instrument that allows you (the ?principal?) to authorize your agent (the ?attorney-in-fact?) to conduct certain business on your behalf.  It is one of the strongest legal documents that an individual can give to another person.  The POA authorizes your agent to act on your behalf and to carry on your business in your absence.  Acts performed by the agent and authorized by the Power of Attorney are legally binding on you.  Since a POA is such a powerful document, it should be given only to a trustworthy person, and only when absolutely necessary.  Your legal assistance office can advise you about, and prepare for you, the appropriate POA needed for your situation.  PLEASE NOTE that third parties (banks, businesses, etc.) DO NOT have to accept or acknowledge your Power of Attorney; it is totally within their discretion to do so.

    General Powers of Attorney

    A ?general? POA gives your agent the right to conduct practically any business transaction you could do personally, including the right to sell your property and take out loans in your name for which you will be responsible.  While a general POA may be helpful, it can also be very dangerous.  In the past, some individuals have sold property, closed bank accounts, or run up credit card debts through use of a general POA.  Consequently, a general POA should only be used when necessary and in most situations be limited in duration (generally to no more than one year).  You should always ensure that your agent is someone that you absolutely trust with all of your money and legal decisions.  If you lose trust in your agent, consult a legal assistance attorney about revoking the general POA.  It?s important to remember that a general POA is so broad in nature that some agencies may refuse to recognize or accept them.  This is particularly true for real estate transactions.  For these reasons, it is generally better to consider using a ?special? power of attorney when possible.

    Durable Power Of Attorney

    A durable POA can give your agent the right to conduct your business transactions if you become incapacitated by an illness, such as a coma or stroke.  This power of attorney remains effective even if you become incapacitated.  A health care POA should always be durable, and in many cases other POAs should be as well.  The POAs produced by Air Force legal offices will include a durability clause unless you want it removed. 

    Springing Power Of Attorney

    A springing POA can give your agent the right to conduct your business transactions if you become incapacitated by an illness, such as a coma or stroke.  In contrast to simply a durable POA, this power of attorney only becomes effective upon your incapacity.  You may revoke the POA when you are no longer incapacitated or the POA will be revoked upon your death.  A springing general POA is very effective especially if you do not have joint accounts or property, such as bank accounts, property or mutual funds.  This document allows your agent to access your bank accounts, pay your bills and care for your property while you are unable.  Without this document or joint accounts, your family would likely need to go to court to become your guardian in order to access your financial accounts.  Health care POAs should usually be springing as well, meaning that your agent will not make health care decisions for you unless you are unable to do so.  Consult your legal assistance officer or civilian attorney concerning springing general POAs.    

    Special Powers Of Attorney

    A ?special? POA limits your agent?s authority to act on your behalf to specific transactions such as registering a car, shipping household goods, cashing a paycheck, buying or leasing a house, or signing for government housing.  Because it is more specific, the special POA is safer than a broad general POA and more likely to be accepted by third parties.  Your legal assistance attorney can help you determine the POA that will meet your needs. 

    NOTE:  You should grant a POA only for the absolute minimum amount of time necessary to accomplish the act set out in the POA.

    Revocation of Powers Of Attorney

    Generally, your non-durable POAs, both ?General? and ?Special,? are automatically revoked upon your disability, death, or upon the termination date specified on the document itself.  However, you make also revoke a POA prior to the termination date by taking the appropriate steps, including executing a revocation of the POA, delivering notice of the revocation to your agent, and delivering notice of the revocation to all third parties that have relied or may rely on the POA.  In addition, to the greatest extent possible, it is important to recover the original POA from the agent and destroy the original and all existing copies of the POA.  However, it is important to note that you may be responsible to any third party who did not receive notice of the revocation.  If you are deployed, revoking a POA may be especially difficult and you should contact your nearest legal assistance attorney for advice.  If you have a POA now in effect and you desire to revoke it, consult your legal assistance officer or civilian attorney concerning the legal steps you must take.

    Additional Information

    • All endorsements and instruments made by your agent pursuant to the POA should be executed through the agent signing your name, followed by his or her name and the words ?attorney-in-fact.?
    • Appropriate ?durability language? may be added to POAs to ensure that the POA remains effective during any period of incapacity.
    • Many financial institutions and businesses have their own POAs which they prefer to be used to conduct business.  It is always a good idea to ask your own institutions if they have their own forms.

     

    The material in this handout represents general legal advice.  The law is continually changing; although the information in the handout was current as of the date it was drafted, some provisions in this pamphlet may have changed.  It is always best to consult an attorney about your legal rights and responsibilities regarding your particular case.

     

    Twin boys due 7/25/12
  • Thanks Ojo!
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  • I have a General POA for H and honestly it's useless. I would definitely get specific POAs and get multiple notarized copies.
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  • I always have a general and have successfully used it more than once. Sure I can't sell my car with it, but it's worked for bank stuff or to register a car overseas. If I need a special, I can get one quickly. H has done so online even.
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  • The reason I said that you probably don't need one unless the military member is deployed is because a LOT of military members (including me!) are single, and manage just fine when we are at home without designating someone else to go to appointments for us if we suddently can't make it.

    Having said that, my parents do have a General PoA for me (and a handful of specifics) for when I deploy or go TDY for long periods of time, or for times like right now while i'm deployed overseas (they sold my house on my behalf and are taking care of one of my cars).

     

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  • I was under the impression your DH would have to go to legal and have it drawn up...but I could be wrong. I have a general POA and so far I have not had any issues with mine. I even talked to housingand on the base where I am going said that they do accept general POA's....But I have another friend that said housing on her base did not accept the general POA's for housing... I still asked DH to get me some specifics ones, just in case ya know!
    Pregnancy Ticker
  • imageASailorsWifey:
    I was under the impression your DH would have to go to legal and have it drawn up...but I could be wrong. I have a general POA and so far I have not had any issues with mine. I even talked to housingand on the base where I am going said that they do accept general POA's....But I have another friend that said housing on her base did not accept the general POA's for housing... I still asked DH to get me some specifics ones, just in case ya know!
    You just dug up a two week old post. Please lurk.
    Twin boys due 7/25/12
  • LOl! I know! just hoping to add something to the topic...maybe it will help someone...
    Pregnancy Ticker
  • You said what Sibil said...two weeks ago.
    Twin boys due 7/25/12
  • Well, that may be, but Im usually more confident when I see more than one person post something...yes, I replied the same as she did...2 weeks ago, but hopefully someone will see more than one (or 2) people have had success with a general POA. So on this forum I see its pretty much taboo to comment on an older post, is that so? I hope its not a problem becasue I had a question on an older post.thanks!
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  • This thread is 7 months old. I'm sure she's taken care of it already. 
    Baby Birthday Ticker Ticker
  • AudetteAudette member

     

    The OP probably has, but this is a topic that is worth revisiting periodically, because generally, we all have found use for POA's at one point or another.

    I have a durable POA drafted by a non-military notary.  It is considered a general POA, in that it covers pretty much everything under the sun, however it is also specific enough that it covers territory normally covered by specific POA's.  The Finance office and TMO were both willing to accept it as valid, without needing further documentation.  It's an awesome, awesome POA.  :)

    That being said, like has been mentioned a couple times already, no company/individual is _required_ to accept _any_ POA.  Most companies will, as the POA indicates the desires of the individual to have someone manage their affairs, especially with specific POA's, because it is very clear what the person is willing to let someone else do by that POA.  For anything related to money, or large assets/expenses, having a specific power of attorney is useful.  That includes everything from setting up utility accounts, to dealing with finance or movers or banks or government agencies like DMV's.

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