50 U.S.C. § 4022 | Power of attorney

(a)

Automatic extension

section 551(2) of title 37A power of attorney of a servicemember shall be automatically extended for the period the servicemember is in a missing status (as defined in ) 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 Pub. L. 108–189, § 1Dec. 19, 2003117 Stat. 2861 (, title VII, § 702, as added , , .)

Editorial Notes

Codification

Section was formerly classified to section 592 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

Prior Provisions

act Oct. 17, 1940, ch. 888 Pub. L. 102–12, § 4Mar. 18, 1991105 Stat. 34 Pub. L. 104–106, div. A, title XV, § 1501(e)(3)Feb. 10, 1996110 Stat. 501 Pub. L. 108–189 section 4023 of this titleA prior section 702 of , art. VII, as added , , ; amended , , , related to professional liability protection for certain persons ordered to active duty in armed forces, prior to the general amendment of this Act by . See .

Statutory Notes and Related Subsidiaries

Effective Date

Dec. 19, 2003section 3 of Pub. L. 108–189 section 3901 of this titleSection applicable to any case not final before , see , set out as a note under .