10 USC § 1044b - Military powers of attorney: requirement for recognition by States

---
identifier: "/us/usc/t10/s1044b"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 1044b - Military powers of attorney: requirement for recognition by States"
title_number: 10
title_name: "ARMED FORCES"
section_number: "1044b"
section_name: "Military powers of attorney: requirement for recognition by States"
chapter_number: 53
chapter_name: "MISCELLANEOUS RIGHTS AND BENEFITS"
part_number: "II"
part_name: "PERSONNEL"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)"
---


# § 1044b. Military powers of attorney: requirement for recognition by States

**(a)** **Instruments To Be Given Legal Effect Without Regard to State Law.—** A military power of attorney—

**(1)** is exempt from any requirement of form, substance, formality, or recording that is provided for powers of attorney under the laws of a State; and

**(2)** shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.

**(b)** **Military Power of Attorney.—** For purposes of this section, a military power of attorney is any general or special power of attorney that is notarized in accordance with section 1044a of this title or other applicable State or Federal law.

**(c)** **Statement To Be Included.—**

**(1)** Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).

**(2)** Paragraph (1) shall not be construed to make inapplicable the provisions of subsection (a) to a military power of attorney that does not include a statement described in that paragraph.

**(d)** **State Defined.—** In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.

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**Source Credit**: (Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)