2006 New York Code - Construction--benefits From Military Service.



 
    § 5-1502J. Construction--benefits   from   military   service.   In  a
  statutory short form power of attorney, the language conferring  general
  authority  with  respect  to  "benefits from military service, " must be
  construed to mean that the principal authorizes the agent:
    1. To execute vouchers in the name of the principal for  any  and  all
  allowances  and  reimbursements  payable by the United States, or by any
  state or subdivision thereof, to the  principal,  including  by  way  of
  illustration  and  not of restriction, all allowances and reimbursements
  for transportation of the principal  and  of  his  dependents,  and  for
  shipment of household effects, to receive, to indorse and to collect the
  proceeds of any check payable to the order of the principal drawn on the
  treasurer  or other fiscal officer or depositary of the United States or
  of any state or subdivision thereof;
    2. To take possession and to order the removal and  shipment,  of  any
  property of the principal from any post, warehouse, depot, dock or other
  place  of  storage  or  safekeeping,  either governmental or private, to
  execute and to deliver any release, voucher, receipt,  bill  of  lading,
  shipping  ticket,  certificate or other instrument which the agent shall
  think to be desirable or necessary for such purpose;
    3. To prepare, to file and to prosecute the claim of the principal  to
  any  benefit  or  assistance,  financial  or  otherwise,  to  which  the
  principal is, or claims to be, entitled, under  the  provisions  of  any
  statute  or  regulation  existing  at  the  creation  of  the  agency or
  thereafter enacted by the United States  or  by  any  state  or  by  any
  subdivision  thereof,  or  by  any  foreign government, which benefit or
  assistance arises from or is based upon military service performed prior
  to or after the creation of the agency by the principal or by any person
  related by blood or by marriage to the principal, to execute any receipt
  or other instrument which the agent  shall  think  to  be  desirable  or
  necessary for the enforcement or for the collection of such claim;
    4.  To  receive  the  financial  proceeds  of  any  claim  of the type
  described in this section, to conserve, to invest,  to  disburse  or  to
  utilize  anything  so  received for purposes enumerated in this section,
  and to reimburse the agent for any expenditures properly made by him  in
  the execution of the powers conferred on him by the statutory short form
  power of attorney;
    5.  To  prosecute, to defend, to submit to arbitration, to settle, and
  to propose or to accept a compromise with respect to, any claim existing
  in favor of, or  against,  the  principal  based  on  or  involving  any
  benefits  from  military  service  or  to  intervene  in  any  action or
  proceeding relating thereto;
    6. To hire, to discharge, and to compensate any attorney,  accountant,
  expert  witness,  or  other assistant or assistants when the agent shall
  think such action to be desirable for the proper execution by him of any
  of the powers described in this section; and
    7. In general, and in addition  to  all  the  specific  acts  in  this
  section enumerated, to do any other act or acts, which the principal can
  do  through an agent, and which the agent shall think to be desirable or
  necessary, to assure to the principal, and  to  the  dependents  of  the
  principal,  the  maximum  possible  benefit  from  the  military service
  performed prior to or after the creation of the agency by the  principal
  or by any person related by blood or marriage to the principal.
    All   powers   described  in  this  section  5-1502J  of  the  general
  obligations law  shall  be  exercisable  equally  with  respect  to  any
  benefits  from  military  service existing at the giving of the power of
  attorney or thereafter accruing, and whether accruing in  the  state  of
  New York or elsewhere.

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