(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.
Structure US Code
Subtitle A— General Military Law
CHAPTER 53— MISCELLANEOUS RIGHTS AND BENEFITS
§ 1031. Administration of oath
§ 1032. Disability and death compensation: dependents of members held as captives
§ 1033. Participation in management of specified non-Federal entities: authorized activities
§ 1034. Protected communications; prohibition of retaliatory personnel actions
§ 1037. Counsel before foreign judicial tribunals and administrative agencies; court costs and bail
§ 1038. Service credit: certain service in Women’s Army Auxiliary Corps
§ 1039. Crediting of minority service
§ 1040. Transportation of dependent patients
§ 1041. Replacement of certificate of discharge
§ 1042. Copy of certificate of service
§ 1044a. Authority to act as notary
§ 1044b. Military powers of attorney: requirement for recognition by States
§ 1044c. Advance medical directives of members and dependents: requirement for recognition by States
§ 1044d. Military testamentary instruments: requirement for recognition by States
§ 1044e. Special Victims’ Counsel for victims of sex-related offenses
§ 1044f. Policies with respect to special trial counsel
§ 1045. Voluntary withholding of State income tax from retired or retainer pay
§ 1046. Overseas temporary foster care program
§ 1047. Allowance for civilian clothing
§ 1048. Gratuity payment to persons discharged for fraudulent enlistment
§ 1049. Subsistence: miscellaneous persons
[§§ 1050a to 1051a. Repealed. , , ]
§ 1052. Adoption expenses: reimbursement
§ 1054. Defense of certain suits arising out of legal malpractice
§ 1056. Relocation assistance programs
§ 1057. Use of armed forces insignia on State license plates
§ 1058. Responsibilities of military law enforcement officials at scenes of domestic violence
§ 1060. Military service of retired members with newly democratic nations: consent of Congress
§ 1060a. Special supplemental food program
§ 1060b. Military ID cards: dependents and survivors of retirees