Monday, April 5, 2010

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.

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 the “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?


Case Scenario 2:
“Service Member” was order 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” reads the book The Service Member’s Guide to Deployment; what every Soldier, Sailor, Airmen and Marine should know prior to being deployed. Copyright 2008 “Service Member” gave "Spouse" a special power of attorney.

What do you think happened?

To find the answers to these “Case Scenarios” and other fascinating questions, read the book, The Service Member’s Guide to Deployment; What every Soldier, Sailor, Airmen and Marine should know prior to being deployed. Copyright 2009

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