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10 U.S.C. § 1044b — Military powers of attorney: requirement for recognition by States
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) 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 location: Title 10, Chapter 53, § 1044b; chapter-053-miscellaneous-rights-and-benefits.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044a&num=0&edition=prelim) 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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Federal law — U.S. Code and appendices · legal_authorities
**(a)** The persons named in subsection (b) have the general powers of a notary public and of a consul of the United States in the performance of all notarial acts to be executed by any of the following:
(1) Members of any of the uniformed services.
(2) Other persons eligible for legal assistance under the provisions of [section 1044 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1044&num=0&edition=prelim) or regulations of the Department of Defense.
(3) Persons serving with, employed by, or accompanying the armed forces outside the United States and outside the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform Code of Military Justice (chapter 47 of this title) outside the United States.
**(b)** Persons with the powers described in subsection (a) are the following:
(1) All judge advocates, including reserve judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal assistance attorneys.
(3) All adjutants, assistant adjutants, and personnel adjutants, including reserve members when not in a duty status.
(4) All other members of the uniformed services, including reserve members when not in a duty status, who are designated by regulations of the uniformed services or by statute to have those powers.
(5) For the performance of notarial acts at locations outside the United States, all employees of a military department or the Coast Guard who are designated by regulations of the Secretary concerned or by statute to have those powers for exercise outside the United States.
(6) All civilian paralegals serving at military legal assistance offices, supervised by a military legal assistance counsel (as defined in [section 1044d(g) of this title](htt
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Federal law — U.S. Code and appendices · legal_authorities
Page 930
TITLE 10—ARMED FORCES
§ 1044a
‘‘(1) a violation of section 928(b), 928b(1), 928b(5), or
930 of title 10, United States Code (article 128(b),
128b(1), 128b(5), or 130 of the Uniform Code of Military
Justice), when committed against a spouse, intimate
partner, or immediate family member;
‘‘(2) a violation of any other provision of subchapter
X of chapter 47 of such title (the Uniform Code of
Military Justice), when committed against a spouse,
intimate partner, or immediate family member; or
‘‘(3) an attempt to commit an offense specified in
paragraph (1) or (2) as punishable under section 880 of
such title (article 80 of the Uniform Code of Military
Justice).’’
§ 1044a. Authority to act as notary
(a) The persons named in subsection (b) have
the general powers of a notary public and of a
consul of the United States in the performance
of all notarial acts to be executed by any of the
following:
(1) Members of any of the uniformed serv-
ices.
(2) Other persons eligible for legal assistance
under the provisions of section 1044 of this
title or regulations of the Department of De-
fense.
(3) Persons serving with, employed by, or ac-
companying the armed forces outside the
United States and outside the Commonwealth
of Puerto Rico, Guam, and the Virgin Islands.
(4) Other persons subject to the Uniform
Code of Military Justice (chapter 47 of this
title) outside the United States.
(b) Persons with the powers described in sub-
section (a) are the following:
(1) All judge advocates, including reserve
judge advocates when not in a duty status.
(2) All civilian attorneys serving as legal as-
sistance attorneys.
(3) All adjutants, assistant adjutants, and
personnel adjutants, including reserve mem-
bers when not in a duty status.
(4) All other
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1044b
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