Military Power of Attorney

Understanding a Military Power of Attorney

If you serve in the military, parts of your future may be uncertain. There are decisions about your health care and finances that you will not be able to make if you become incapacitated. There are ways to make sure that someone can handle those decisions if you are unable to.

Powers of attorney (POAs) give someone else the legal right to act on your behalf. You and your spouse (if necessary) will choose which specific matters you want you power of attorney to apply to. Life for a military member and their spouse can be unpredictable. A military POA will provide a little more security in your life.

You lawyer will play an important role in the legal process of declaring a North Carolina military power of attorney.

What is a Military POA?

When considering a military power of attorney, the most basic question is how do POAs for military members work? Through a military POA, the person who is enlisted assigns certain legal rights to someone else. The enlisted party chooses an attorney in fact, who will then be entitled to make certain critical legal decisions. The rights associated with a North Carolina military power of attorney can include:

• Accepting possession of personal property
• Managing real estate transactions
• Buying or selling a house
• Using a car or other vehicle in the service member’s name
• Banking interactions and transactions
• Filing taxes, and other tax-related matters

Typically, POAs are utilized by someone in the military when they wish to give authority to complete specific tasks and make specific decisions to a friend or family member while they’re deployed.

Benefits of a Military POA

By creating a power of attorney for your spouse, parent or a trusted friend, you can address various financial needs while you are deployed:

• Easy Access to Bank Accounts —A power of attorney allows access to your bank accounts and financial information if the need arises. .
• Tax Filing & Refunds — Even when you are deployed, you must file federal and state tax returns. For your spouse or someone to file on your behalf during your deployment, they will either need a POA or to complete IRS Form 2848, “Power of Attorney and Declaration of Representation.” .
• Government Housing or Assistance— Members of the military are eligible for various financial assistance. And if your family is waiting for approval or government housing when you deploy, by having a power of attorney in place, you can remove several hurdles so your spouse and children can accept what they need or move into government housing.
• Military Health Insurance — TRICARE Prime is a health insurance option available to military members. When a new child is born, they are automatically enrolled for 120 days. But, to continue coverage while you are deployed your spouse must have a power of attorney.

Types of Power of Attorney

There is not a single type of power of attorney. There are different kinds of POAs that give the recipient a different level of power and authority. Types of North Carolina military power of attorney include:

Durable Power of Attorney

Durable powers of attorney are effective if the principal (the individual granting the POA) becomes incompetent. For the purposes of a power of attorney, incompetent means unable to manage one’s affairs. Agreements that grant durable power of attorney must contain exact language. They must also be executed before you become incapacitated. If they are not, then no authority will be transferred to anyone upon your incapacitation.

General Power of Attorney

General powers of attorney grant recipients the ability to conduct general business on behalf of the military member granting the POA. Usually, the rights granted under these documents span much broader than those granted under durable POAs. Anyone given authority under a general power of attorney is obligated to act in the best interests of the person who signed the order.

Health Care Power of Attorney

It is possible to grant someone power of attorney regarding your health-related issues as a member of the military. This POA applies if you are incapacitated and cannot make your own health care decisions. The person designated as your health care agent would make those calls. That person would have the right to begin or stop any medical treatment, even if it results in death.

When Do POAs End?

There are several ways a North Carolina military power of attorney can come to an end. The first is by including an agreed end date in your POA agreement. The second-way POAs end is if the party granting the various responsibilities dies. Thirdly, the power of attorney can be revoked in writing by the granting party. The exception to this is if the POA is durable, and you become incompetent. For the time that you are incompetent, only the court can revoke your power of attorney.

Military Power of Attorney For a Child

In North Carolina, it is possible for a parent to grant power of attorney responsibilities for their child. If you do this, you are not giving up any rights as a parent. You’re simply giving someone the authority to make certain decisions for your child. For example, someone with power of attorney would be able to choose a doctor or dentist for your child. POA agreements for children often involve conclusion dates, making them a useful option if you will be deployed for a certain amount of time.

How an Attorney Can Help with a Military POA

As you can see, a military power of attorney can be tailored to fit virtually any situation. However, since a power of attorney gives someone the legal right to act on your behalf, you want to make sure you only assign a power of attorney when absolutely necessary, and if possible only for specific events or for a set time frame. It should also only be granted to someone you completely trust.

These are important things to consider and it’s always best to discuss all your options with an impartial, yet highly knowledgeable legal professional. A lawyer can review your circumstances, evaluate how to put a plan in place that meets all your needs, and can create a power of attorney that reduces unnecessary financial risk and exposure.