10-U.S.C.-1044B

10-U.S.C.-1044B

§1044B – Military Powers of Attorney: Requirement For Recognition By States

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Title 10 > Subtitle A > Part II > Chapter 53 > Section 1044b

Details

  • Reference: Section 1044b
  • Legend: §1044B – Military Powers of Attorney: Requirement For Recognition By States
  • USCode Year: 2013

Provision Content

(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.

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

U.S. Encyclopedia of Law Coverage

Chapter 53 – Miscellaneous Rights and Benefits in the Legal Encyclopedia: General Military Law

In this entry about Chapter 53 – Miscellaneous Rights and Benefits, find legal reference material, bibliographies and premiere content related to general military law in the American Encyclopedia of Law, presenting a comprehensive view of the United States general military law-specific issues, written by authorities in the field.

10-U.S.C.-1032 in the Legal Encyclopedia: Enlistments

In this entry about 10-U.S.C.-1032, find legal reference material, bibliographies and premiere content related to enlistments in the American Encyclopedia of Law, presenting a comprehensive view of the United States enlistments-specific issues, written by authorities in the field.

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