The Power of a Power of Attorney!

The sequence of events that were set in motion on September 11, 2001 changed America forever. On this day, The United States of America lost its innocence. The land of the free was no longer as free as it once was. Open and free travel no longer seemed as open and free. Subsequently, America soon found itself at war with Iraq and Afghanistan. The number of service members needed to adequately fight this war was tremendous. The number of service members on active duty was not enough to engage in effective combat. As such, the burden to pick up the slack fell upon the Reserve and National Guard forces of our military. Not in recent memory has there been a greater number of service members deployed conus or oconus. From a military deployment standpoint, the wars in Iraq and Afghanistan caused the number of deployments to grow substantially.

Since September 11, 2001, over 1.7 million service members have been deployed in support of Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). Operation Enduring Freedom’s military focus is on securing the nation of Afghanistan while, as its name suggests, Operation Iraqi Freedom is concerned with securing the nation of Iraq. In addition to the service members deployed to Iraq and Afghanistan, thousands of service members were deployed to Kuwait and Qatar in support of Operation Iraqi Freedom. Moreover, tens of thousands service members were deployed in support of contingency operations around the world.

There have been millions of Americans deployed to war zones around the world since this great country was founded over 230 years ago, however, recently it appears that many soldiers are deploying in greater frequency then ever before. In addition, some of those deployed are on their 2nd, 3rd, or even 4th deployment. In many cases, the deployment is involuntary and not knowing all of the information that will make the deployment less stressful creates a tremendous burden not only for the deploying service member but the family of that service member as well.

Deployment is much like a roller coaster ride at an amusement park. You first have the uncertainty of the entire event much like what you feel as you enter the gate of a roller coaster that you have never ridden. You are unsure if you will make it. You may even attempt to get out of it at the very last minute. Just as in the case of a roller coaster ride as it makes its climb, you must begin certain aspects of preparing for your deployment with the same uncertainty. After you’ve made it to the top of the roller coaster, you brace yourself for your quick decent, and at this point you realize there is no turning back. This is a similar feeling to what you may experience upon receiving your mobilization orders, but you brace yourself anyway and prepare for the many highs and lows this ride (known as a deployment) will offer. 

One of the first things you want to do upon notice of your impending deployment is notify family and loved ones. However of great importance is the preparation and safekeeping of a power of attorney. Never underestimate the power of a power of attorney!

When considering securing a power of attorney, know that there are two types. A special power of attorney and a general power of attorney. A general power of attorney gives another person broad and far reaching authority to handle your affairs. A special power of attorney only provides for specifically limited handling of your affairs such as selling your vehicle or preparing your taxes. Regardless of the type of power of attorney you give, there should be a specific termination date. As an attorney, I recommend powers of attorney terminate after one year has passed.

The following two "case scenarios" should provide a clearer illustration of the power of powers of attorneys.

Case Scenario 1:
“Service Member” was ordered to active duty to be deployed to Iraq in support of Operation Iraqi Freedom. “Service Member” has been married for 18 years to a wonderful person, “Spouse”.

“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.

Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, due to “Service Member” not fully understanding the difference between a general power of attorney and a special power of attorney, “Service Member” gave "Spouse" a general power of attorney.

What do you think happened? In this case scenario, "Spouse" was given a general power of attorney. As such "Spouse" had far reaching authority to act on behalf of "Service Member". "Spouse" was able to withdrawal $10,000.00 from "Service Member's" bank account, sell "Service Members" 1965 Cobra, and withdrawal money at will from "Service Member's" bank account. "Spouse" did this while filing for divorce from "Service Member" and receiving all of the military housing allowance that totaled nearly $2,000.00 per month. Needless to say that upon "Service Member's" return from deployment, "Service Member" was depressed and had to seek counseling. Not to mention all of "Service Member's" assets were gone and "Service Member" had little recourse as "Service Member" gave "Spouse" a general power of attorney.


Case Scenario 2:
“Service Member” was ordered to active duty to be deployed to Afghanistan in support of Operation Enduring Freedom. “Service Member” has been married for 5 years to a wonderful person, “Spouse”.

“Service Member” loved “Spouse” very much and wanted to ensure “Spouse” was able to take care of things in “Service Member’s” absence. Prior to “Service Member” departing for duty "Spouse" was given a Power of Attorney.

Do to the stress and temptations of “Service Member's” absence, “Spouse” files for divorce. However, prior to deploying to Afghanistan, “Service Member” read the book The Service Member’s Guide to Deployment;what every Soldier, Sailor, Airmen and Marine should know prior to being deployed. Copyright 2008 by CPT Thomas A. Mengesha “Service Member” gave "Spouse" a special power of attorney.

What do you think happened? In this case scenario, "Service Member", though was unhappy about getting a divorce, was very happy about obtaining a special power of attorney to handle the very limited duty of ensuring taxes were paid during the absence of the deployment. With a special power of attorney, the person who receives the power can only carry out the specific instructions laid out in the document.

As a licensed and practicing attorney in the State of Michigan, I strongly recommend giving only specific power of attorney to handle those very limited situations that may arise during a deployment. I cannot think of any reason that a service member would want to give a general power of attorney to anyone. Remember it is easier to add or broaden the power then cut back, Particularly if the person who has the general power of attorney is acting in bad faith.