Prepping for deployment: Knowing powers of attorney

  • Published
  • By 1st Lt. Andre Pennington
  • 21st Space Wing legal office
Many members of the 21st Space Wing are or will soon be preparing to deploy in support of the global war on terrorism, spanning the entire globe. But before they take off on their air expeditionary force cycle, one of the most important matters facing them is the handling of personal affairs back at home.

A power of attorney transfers important legal rights to an individual named in the document. It can help when prepping for deployment, but there are important factors to consider before executing one. Powers of attorney come in two forms:

A Special Power of Attorney allows the person to whom an individual gives the power, or the "grantee," the authority to act for that individual, known as the "grantor," only when conducting business that is outlined in the document. This power of attorney lists in writing the actions the grantor wants to be conducted on their behalf. A Special Power of Attorney can be very useful for taking care of matters like moving vehicles and household goods, buying and selling property, settling insurance claims, authorizing medical treatment for minors and managing financial accounts not jointly held. Care should be taken to determine who will hold the power of attorney and what actions will be authorized in the document. Remember, without a power of attorney, a spouse or other family member could be significantly hampered in dealing with matters that may arise during deployment.

A General Power of Attorney gives the grantee a number of rights, to include the right to sell personal property and use the grantor's credit. It transfers almost unlimited ability to act for another person. A General Power of Attorney may create more difficulties than it cures, and any member considering one should think carefully about it. It's an extremely powerful legal instrument and can be very useful. It can also be very dangerous in the hands of someone inexperienced in business matters, of unstable temperament or with a spouse when the marital relationship is in a state of discord. A General Power of Attorney should not be executed unless the individual making it is fully aware of the risks associated with such a document.

Myths about power of attorneys

1. MYTH: Once I execute a power of attorney, a person or business has to accept it.
REALITY: False. No person or business can be compelled to accept a power of attorney and allow the grantee to act on a grantor's behalf. It is entirely within the discretion of the person/business whether to accept a power of attorney and allow a grantee to act on behalf of a grantor.

2. MYTH: Powers of attorney expire automatically in a year.
REALITY: False. A power of attorney will automatically terminate upon the death of either the grantor or grantee, but otherwise it will terminate on a date that is specified in the document. One should not make a power of attorney last any longer than is necessary.

For more information, or to obtain a power of attorney, call the 21st Space Wing legal office at 556-4871.