Power of Attorney Basics

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained on the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.

A power of attorney is a written document that gives one person the authority to act on another’s behalf for any legal or economic issues for a specified time. You can tailor your powers of attorney for any situation. You can choose between a general or special power of attorney, and whether the power of attorney is durable or not. If you’re married, both you and your spouse should designate a power of attorney prior to your deployment. Most Legal Assistance Offices offer help choosing and drafting one.

• General power of attorney — This document gives the person you designate the power to perform almost any legal act on your behalf for a specified time. This can include managing bank accounts; selling, exchanging, buying or investing in any assets or property; purchasing and maintaining insurance; and entering into any binding contracts. Choose this type of power of attorney only if a special power of attorney won’t suffice and if the person you choose is trustworthy and financially responsible. Please consult with the legal office prior to producing a general power of attorney.
• Special or limited power of attorney — This document gives specific powers to the designated person for a specified time. When drafting a special power of attorney, you’re required to list the decisions over which the designee has control.
• Durable power of attorney — A durable power of attorney remains valid even if you become incapacitated or unable to manage your own affairs. If you don’t specify a durable power of attorney, it will end if you become incapacitated. A general or special power of attorney can be durable with the right language. This eliminates the need for a court to choose a guardian and conservator to make decisions on your behalf while you are incapacitated.

Benefits of a power of attorney

Providing a power of attorney to your spouse, parent or a trusted friend can help ensure they can address whatever needs to be done on your behalf while you are away:

• Access family finances — By providing your spouse with a power of attorney, you can ensure they have access to your bank accounts and financial information. Many financial institutions have their own power of attorney form they want customers to use. Check with your bank to see if that is the case before meeting with a legal assistance attorney. The legal assistance attorney can help you go over the bank’s power of attorney form before you fill it out.
• Pay taxes and receive tax refunds — You must file federal and state income tax returns even if you deploy unless you get an extension. The IRS generally requires both spouses’ signatures to file income tax returns and access refunds. For your spouse to be able to file a joint income tax return during your deployment without a power of attorney, you will need to complete IRS Form 2848, “Power of Attorney and Declaration of Representation.”
• Receive emergency financial assistance — Each service branch offers emergency financial assistance through their respective relief organizations.
• Receive government housing — If your family is on the waiting list for government housing when you deploy, you should notify the installation housing office before your deployment. If you give your spouse power of attorney — and give a copy of the power of attorney to the installation housing office — before your deployment, your spouse and children may be able to accept and move into government housing.
• Enroll newborn children in DEERS — TRICARE Prime covers your newborn baby for 120 days. To continue coverage after that, enroll them through the installation ID card center. Your spouse must have either a general or a special power of attorney.

Terminating powers of attorney

You can revoke a power of attorney at any time as long as you’re mentally competent. When drafting the original document, you may consider limiting its length so it ends when you return from deployment. To revoke a power of attorney early, consult a legal assistance attorney.

The information contained on this website is designed to educate and inform service members and their families on their personal legal affairs. Nothing contained on the website is a substitute for the competent legal advice of a licensed attorney. Service members and their families seeking legal advice should consult the staff of the nearest installation Legal Assistance Office.