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Power of Attorney for Military: Complete Guide (General vs. Special POA)

POA gives someone legal authority to act on your behalf. General POA = broad authority (finances, property, legal matters). Special POA = limited to specific tasks (selling car, accessing safe deposit box). Always use Special POA unless deploying. Free POA services at JAG offices on every base. POA

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Updated Jan 20, 2025

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Power of Attorney for Military: Complete Guide (General vs. Special POA)

Bottom Line Up Front: POA gives someone legal authority to act on your behalf. General POA = broad authority (finances, property, legal matters). Special POA = limited to specific tasks (selling car, accessing safe deposit box). Always use Special POA unless deploying. Free POA services at JAG offices on every base. POA does NOT give away your rights - you can revoke anytime.

Types of POA

General POA (Broad Authority)

Grants wide-ranging powers:

  • Banking (deposits, withdrawals, account management)
  • Real estate (buy, sell, refinance property)
  • Legal matters (sign contracts, file lawsuits)
  • Tax filings
  • Vehicle transactions
  • Insurance claims
  • Government benefits

When to use:

  • Deployments (6+ months)
  • Extended TDY/training
  • Remote assignments where spouse needs full authority

Risk: Grants SIGNIFICANT power. Choose someone trustworthy.

Special (Limited) POA

Grants specific, narrow authority:

  • One-time tasks only
  • Expires after task complete or set date
  • Cannot be used for anything else

Examples:

  • Sell specific vehicle (VIN listed)
  • Close bank account at specific institution
  • Sign lease for apartment at specific address
  • File specific tax return

When to use:

  • PCS moves (spouse selling car, closing accounts)
  • Specific transactions while you're unavailable
  • Any time you DON'T need general POA

Lower risk: Limited scope, time-limited.

Durable POA vs. Non-Durable

Durable POA:

  • Remains valid if you become incapacitated
  • Used for estate planning

Non-Durable POA:

  • Ends if you become incapacitated
  • Standard for most military POAs

What POA Covers (and Doesn't)

POA DOES Allow:

  • ✅ Access bank accounts
  • ✅ Pay bills
  • ✅ Sign contracts (if general POA)
  • ✅ Sell property/vehicles (if authorized)
  • ✅ File taxes
  • ✅ Manage investments
  • ✅ Interact with military finance/personnel on your behalf

POA Does NOT Allow:

  • ❌ Vote on your behalf
  • ❌ Make medical decisions (need separate medical POA)
  • ❌ Change your will
  • ❌ Get married/divorced for you
  • ❌ Enlist in military for you
  • ❌ Make gifts from your assets (unless specifically stated)

How to Get POA (Free at JAG)

Step 1: Go to JAG Office

Find JAG:

  • Every military installation has JAG legal assistance
  • No appointment needed for most bases (walk-in)
  • Bring ID card

Step 2: Explain What You Need

Be specific:

  • "I'm deploying, need general POA for spouse"
  • "I'm PCSing, need special POA to sell my car"
  • "I need POA for spouse to access safe deposit box"

Step 3: JAG Prepares Document

  • JAG attorney drafts POA
  • Reviews with you
  • Explains what powers you're granting

Step 4: Sign & Notarize

  • Sign POA in front of notary (JAG has notary)
  • Get 3-5 copies (certified copies)
  • FREE - no cost

Step 5: Give Copies to Agent

  • Agent (spouse/family) gets original + copies
  • Keep copy for your records
  • Provide copies to banks, dealerships as needed

Deployment POA Checklist

What to Include in Deployment POA:

  • ✅ Banking authority (all accounts)
  • ✅ Bill payment
  • ✅ Tax filing
  • ✅ Vehicle registration/insurance
  • ✅ Lease signing (if PCSing during deployment)
  • ✅ Legal proceedings (if needed)
  • ✅ Access to military records

Separate Medical POA:

  • Needed for spouse to make medical decisions for you
  • Especially important if you're injured/incapacitated
  • Different form (also free at JAG)

Common POA Scenarios

Scenario 1: Deploying for 9 Months

What you need:

  • General POA for spouse
  • Medical POA for spouse
  • Special POA for parents (backup, in case spouse can't act)

Scenario 2: PCS, Spouse Staying Behind to Sell House

What you need:

  • Special POA to sell house (specific property address)
  • Special POA to close bank accounts at old duty station
  • Special POA to ship vehicle

Scenario 3: Extended TDY (3 months)

What you need:

  • Special POA for bill payment
  • Special POA for vehicle registration renewal
  • Don't need: General POA (overkill for short absence)

Scenario 4: Spouse Buying Car While You're Away

What you need:

  • Special POA authorizing spouse to purchase vehicle
  • Include financing authority if needed
  • Specify budget/vehicle type

Revoking POA

How to Revoke

  1. Write revocation letter:

    • State you're revoking POA
    • Include date of original POA
    • Sign and date revocation
  2. Notify agent:

    • Tell person you revoked their authority
    • Get original POA back if possible
  3. Notify third parties:

    • Tell banks, dealerships, etc. that POA is revoked
    • Provide copy of revocation letter

When to Revoke

  • ✅ After deployment ends
  • ✅ After specific task is complete
  • ✅ If relationship changes (divorce, estrangement)
  • ✅ If agent abuses authority

Common Mistakes

❌ Mistake #1: Granting General POA When Special POA Is Enough

Reality: You give spouse general POA to sell your car. They could also clean out bank accounts, sell house, etc.

Fix: Use special POA for specific tasks. Only use general POA for deployments.

❌ Mistake #2: Not Getting POA Before Deployment

Reality: You deploy without POA. Spouse can't access accounts, pay bills, handle emergencies.

Fix: Get POA 30+ days before deployment. Don't wait until last minute.

❌ Mistake #3: Choosing Wrong Person as Agent

Reality: You give POA to family member who misuses it.

Fix: Choose someone trustworthy, financially responsible. Usually spouse or parent.

❌ Mistake #4: Not Keeping Copies

Reality: You lose POA. Bank won't accept your word. You have to go back to JAG, redo everything.

Fix: Get 5+ certified copies. Store in safe place. Give copies to agent.

❌ Mistake #5: Forgetting to Revoke After Return

Reality: You return from deployment. POA still active. Agent could still use it years later.

Fix: Revoke POA within 30 days of returning. Send revocation to banks, etc.


State-Specific Considerations

Some States Require Recording

Real estate POAs:

  • Must be recorded with county clerk
  • Costs $20-$50
  • Required to sell property

Military POAs Are Broadly Accepted

Federal law (SCRA):

  • States must accept military-issued POAs
  • No need to get state-specific POA in most cases
  • Exception: Some states require recording for real estate

Medical POA (Separate Document)

What Is Medical POA?

Allows agent to:

  • Make medical decisions if you're incapacitated
  • Access medical records
  • Consent to treatment
  • Make end-of-life decisions (if specified)

How to Get It

  • Free at JAG
  • Different form than financial POA
  • Often called "Healthcare Power of Attorney" or "Healthcare Proxy"

Who Should Have It

  • Spouse
  • Parents (backup)
  • NOT the same person as financial POA (creates conflict of interest if they're also beneficiary)

POA for Specific Situations

POA for VA Benefits

Allows agent to:

  • File VA disability claims
  • Appeal VA decisions
  • Access VA records
  • Manage VA payments

Form: VA Form 21-22a (Appointment of Individual as Claimant's Representative)

POA for SGLI Claim

If you die:

  • Spouse/beneficiary doesn't need POA (they're beneficiary)
  • But if you're incapacitated, agent with POA can file claim

Action Steps

Before Deployment:

  1. ✅ Go to JAG (30+ days before departure)
  2. ✅ Get general POA for spouse
  3. ✅ Get medical POA for spouse
  4. ✅ Get 5+ certified copies
  5. ✅ Review with spouse (what they can/can't do)

Before PCS:

  1. ✅ Determine what tasks need POA (selling car, closing accounts, etc.)
  2. ✅ Get special POAs for each task
  3. ✅ Give copies to spouse/agent

After Return:

  1. ✅ Revoke POA (write revocation letter)
  2. ✅ Notify banks, institutions
  3. ✅ Get original POA back from agent

Verification & Sources

Official Sources:

  • JAG Legal Assistance (free on every base)
  • SCRA POA provisions: 10 USC § 1044b
  • State POA laws (vary by state)

Last Updated: October 31, 2025


Related Guides


Remember: POA is a powerful legal tool. Use it wisely. Grant only the authority needed. Choose a trustworthy agent. And always revoke when no longer needed. Don't deploy without it - but don't hand out general POAs like candy either.

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Official Sources

DFAS
Defense Finance and Accounting Service - Official military pay data
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IRS
Internal Revenue Service - Tax regulations and guidelines
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Last Verified:Jan 2025

All data verified against official military and government sources. We cite our sources to ensure accuracy and transparency.

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