2015 US Code
Title 50 - War and National Defense (Sections 1 - 4705)
Chapter 50 - Servicemembers Civil Relief (Sections 3901 - 4043)
Subchapter VII - Further Relief (Sections 4021 - 4026)
Sec. 4022 - Power of attorney
|Publication Title||United States Code, 2012 Edition, Supplement 3, Title 50 - WAR AND NATIONAL DEFENSE|
|Category||Bills and Statutes|
|Collection||United States Code|
|SuDoc Class Number||Y 1.2/5:|
|Contained Within||Title 50 - WAR AND NATIONAL DEFENSE|
CHAPTER 50 - SERVICEMEMBERS CIVIL RELIEF
SUBCHAPTER VII - FURTHER RELIEF
Sec. 4022 - Power of attorney
|Laws In Effect As Of Date||January 3, 2016|
|Source Credit||Oct. 17, 1940, ch. 888, title VII, §702, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2861.|
|Statutes at Large References||105 Stat. 34|
110 Stat. 501
117 Stat. 2861
|Public and Private Laws||Public Law 102-12, Public Law 104-106, Public Law 108-189|
§4022. Power of attorney
(a) Automatic extension
A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in section 551(2) of title 37) if the power of attorney—
(1) was duly executed by the servicemember—
(A) while in military service; or
(B) before entry into military service but after the servicemember—
(i) received a call or order to report for military service; or
(ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for military service;
(2) designates the servicemember's spouse, parent, or other named relative as the servicemember's attorney in fact for certain, specified, or all purposes; and
(3) expires by its terms after the servicemember entered a missing status.
(b) Limitation on power of attorney extension
A power of attorney executed by a servicemember may not be extended under subsection (a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the servicemember, after the date of execution of the document, enters a missing status.
(Oct. 17, 1940, ch. 888, title VII, §702, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2861.)
Section was formerly classified to section 592 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
A prior section 702 of act Oct. 17, 1940, ch. 888, art. VII, as added Pub. L. 102–12, §4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L. 104–106, div. A, title XV, §1501(e)(3), Feb. 10, 1996, 110 Stat. 501, related to professional liability protection for certain persons ordered to active duty in armed forces, prior to the general amendment of this Act by Pub. L. 108–189. See section 4023 of this title.
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