2021 US Code
Title 10 - Armed Forces
Subtitle A - General Military Law
Part II - Personnel
Chapter 53 - Miscellaneous Rights and Benefits
Sec. 1044b - Military powers of attorney: requirement for recognition by States

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Citation 10 U.S.C. § 1044b (2021)
Section Name §1044b. Military powers of attorney: requirement for recognition by States
Section Text

(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.

Source Credit

(Added Pub. L. 103–160, div. A, title V, §574(a), Nov. 30, 1993, 107 Stat. 1674.)

Publication Title United States Code, 2018 Edition, Supplement 3, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle A - General Military Law
PART II - PERSONNEL
CHAPTER 53 - MISCELLANEOUS RIGHTS AND BENEFITS
Sec. 1044b - Military powers of attorney: requirement for recognition by States
Contains section 1044b
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 107 Stat. 1674
Public Law References Public Law 103-160
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