The Importance of a Power of Attorney
by Diane Alpeter
Is your name on all of your family accounts, your vehicle title and your insurance? If not, you will need a power of attorney while your spouse is deployed, otherwise you could find yourself powerless to conduct business transactions on behalf of your family.
A power of attorney is a written legal document that gives an agent (you) the power to act for another person, known as the principle (your spouse). If a business transaction requires a signature and if your name is not on the account, you will not be able to complete the transaction unless you have an appropriate power of attorney. “It is good to have a power of attorney even if you don’t use it,” said Lt. Cmdr. Mike Antonellis, Coast Guard staff judge advocate for operational law and command advice in the Atlantic area. “It takes about 15 minutes to get one with an appointment if the notary and witness are in the office.”
How do I get one?
Contact any legal office of any military branch to make an appointment. Go to the legal office with your spouse. All branches of the military may use all branches of legal assistance. It’s always a good idea to call ahead to make an appointment and to find out what is required for that office.
A general power of attorney lets the agent (you) carry on business for the principle (your spouse). Examples include writing checks, paying bills, borrowing money and signing contracts.
A special power of attorney, sometimes referred to as a limited power of attorney, allows the agent (you) to carry out a particular business transaction for the principle (your spouse). You will need it to cash government checks, conduct real estate transactions, sell a car registered in the principle’s name, ship household goods or cash the service member’s paycheck.
A nondurable power of attorney takes effect immediately. It remains in effect until it is revoked by the principle or until it expires. A nondurable power of attorney is often used for a specific transaction, such as a closing on the sale of residence or handling financial affairs.
A durable power of attorney enables the agent to make decisions for the principle if he or she is not mentally competent. This may be used immediately and is effective until it is revoked or until death. A durable power of attorney is often used as an advance directive, such as a living will.