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10 U.S.C. § 1044b — Military powers of attorney: requirement for recognition by States

submitted 33 years ago by Pub. L. 103-160 to r/title-10-ARMED-FORCES · 200 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section sets out rules about Military powers of attorney: requirement for recognition by States. Its detailed requirements, permissions, limits, and exceptions are stated in the explanation.

(a) Instruments To Be Given Legal Effect Without Regard to State Law .— A military power of attorney— (1) is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and (2) must be given the same legal effect as a power of attorney prepared and executed under the laws of the State concerned. (b) Military Power of Attorney .— For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized under section 1044a of this title or other applicable State or Federal law. (c) Statement To Be Included .— (1) Under regulations prescribed by the Secretary concerned, each military power of attorney must contain a statement that sets forth the provisions of subsection (a). (2) Paragraph (1) must not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph. (d) State Defined .— In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.

the actual law source: uscode.house.gov ↗public domain
(a)Instruments To Be Given Legal Effect Without Regard to State Law.—

A military power of attorney—

(1)

is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and

(2)

shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.

(b)Military Power of Attorney.—

For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.

(c)Statement To Be Included.—
(1)

Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).

(2)

Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.

(d)State Defined.—

In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.

Source credit: (Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)

history & why it existsrecord from the source credit
  • 1993Enacted · Pub. L. 103-160 · 107 Stat. 1674

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-160 on 1993-11-30.

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