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Powers of attorney important to piece of mind

  • Published
  • By Staff Sgt. Jami Perusich
  • 379th Air Expeditionary Wing
There are many things servicemembers need to keep in mind when they deploy, especially legal, financial and business matters. Fortunately, the 379th Air Expeditionary Wing Legal Office can help by offering powers of attorney. 

After servicemembers have identified a need for a POA, the next question to answer is which type is better suited to accomplish your purpose - a general or special POA? \

There are important differences between a Special and General Power of Attorney, so make sure you understand which one better fits your needs.To answer this, you need to understand the purpose of a POA. 

POAs are documents executed by one person, known as the grantor, designating another person, known as an attorney-in-fact, to act on his behalf. While there is no law requiring an organization or business to accept a POA, many will. 

A General POA allows the attorney-in-fact to do anything that the grantor can do. Once you give someone this power, that person would have the legal authority to sell your car or house, to close your bank accounts, or to open credit cards in your name - just to name a few. Considering the extremely broad scope of a General POA, it is very important to choose carefully to whom you give that power. While most clients believe they need a General POA, it is usually not necessary. Base legal offices unfortunately see clients whose attorneys-in-fact misuse the power granted them under General POAs. Such abuse often leaves the grantor in serious debt, with empty or overdrawn bank accounts, or missing property they entrusted to that person. Interestingly, some institutions, such as many banks, refuse to accept General POAs due to the potential for misuse. 

A Special POA, on the other hand, is more specific and allows the attorney-in-fact to do only one thing on the grantor's behalf. This type is usually a much more prudent choice. A Special POA can be granted for almost any reason - to sell, buy or register a vehicle, to purchase a home, to register a child in school, or to give the attorney-in-fact 
permission to access the grantor's bank accounts or medical records. A Special POA is a much safer option because it gives authority only for the specific task that you designate. 

What do you do if you have a POA and you no longer need it or you no longer feel comfortable with the person who is appointed as your attorney-in-fact? First, you should destroy the POA and any copies of it. Of course, you may not have access to the document if you're deployed and someone back at your home station has the original. In that case, we recommend that you ask for the document back and, more importantly, that you prepare a written revocation of the POA to end the attorney-in-fact's legal authority. You should also mail the revocation certified, return-receipt requested, to the attorney-in-fact and to any business that may be using the POA, so they have been notified that you are no longer giving this authority to the attorney-in-fact. 

If you need a POA or a revocation letter, or would like to discuss your needs and options with an attorney, you may come to the base legal office, located in Building 3893, next to the Ops Town gym. POAs are provided on a walk-in basis - no appointment is needed. 

Our office is open Monday, Wednesday and Friday from 7 a.m. to 9 p.m.; Tuesday and 
Thursday from 7 a.m. to 6 p.m.; Saturday from 8 a.m. to 5 p.m.; and Sunday from 11 a.m. to 5 p.m.