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Subject: VII CORPS WAR COUNCIL                                           

Unit: VII CORPS   

Parent Organization: ARCENT      

Box  ID: BX000213

Folder Title: 7TH ENG BDE COMMANDERS CONFERENCE  13 APR 91                                                    

Document Number:          5

Folder Seq  #:          9






                              FACT SHEET FOR WAR   COUNSEL


            ISSUE: @'c-vrli:4 no Z.. Pcwet- of Attorney When th@ Power is Abused


            POINTS@-


             Z1. A Power of   Attorney is a legal document "hat authorizes
         person  'o act for   another.   There are two types of Powers of
                  General and c-;pec:i@-@. A. General Power of Attorney
        authorizes someone to do anything the ciiver can do.       A Special
        @ot-jer- of Attorney is limited to one or more acts. Most soldiers
        .ia.vc- gi-ven a Power of Atta@ney to someone, typically a spouse, to
        han0l.e their affairs while they are deployed.

             b. Corps Legal Assistance offices have had a high volume of
        clients who have given Powers of Attorney to someone who is
        abusing the power.    The typical scenario is one where the spouse
        has a General Power of Attorney and is using it to withdraw all
        of th-e soldier's money from his/her bank account.       The spouse
        also uses the Power of Attorney to purchase merchandise with the
        s;olcjier's credi-l-- cards and with AAFES on the soll,4ier's DPP
        account.  Spouses also use the General Powers of Attorney to sell
        @hc- soldier's automobile and to ship his/het- household goods to
        ar-ctt-.er location.


             C. -owc-rs of Attorney are difficult to revoke entirely.          A
                   1 1                                        -1    tL- on the
          wer of Attorney is effective until the expiration da
         ace of the document.    A revocation only works if the business or
        where the Power, of Attorney was used Iias ne@tice that the Power of.
        Attorney has been revoked.     It is critical that soldiers needing
           revoke a Power of Attorney have the opportunity to consult
             a Legal Assistance Attorney to help thL-M prepare Power of
         ,@or,iey Revocations.   Often many Revocat4-.o'n-is must be prepared
  and sent to banks, AAFES, insurance companies, Army agencies such
        z@E, Finance and transportation, and any other business that has
        accepted the F,ower of Attorney.     Soldiers also.need to notify the
        h-@---der.o-F "he Power c)-F Attorney @lhat-he/she is no 'Lonaer
        authorized to use it.


             d.   Sometimes the holder of the Power of Attorney has
        cener-ated so much debt for the soldier or has otherwise abused
        "he power to such an extent that the soldier cannot resolve the
        problem from this theatre.      Commanders should seriously consider
        approving ordinary leave under emergency conditions for such
        soldiers.


        3,   VII CORPS POSITION.   Commanders should ensure that soldiers
        having their Powers of Attorney abused have an opportunity to
        consult with a Legal Assistance Attorney immediately.          Ordinary
        '@eave under emergency conditions may be approved when the soldier
        is unable to resolve the problem while in theatre.

        PREPARED BY:   DENISE R. LIND, CPT, JA,     CHIEF, CIVIL LAW DIVISION,
        TAC 9709-7566-674

        AUTHENTICATED BY: WALTER B. HUFI                ZA, STAFF JUDGE
        ADVOCATE

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Document 49 f:/Week-24/BX000213/7TH ENG BDE COMMANDERS CONFERENCE 13 APR 91/vii corps war council:0102971552505
Control Fields 17
File Room = jun96_declassified
File Cabinet = Week-24
Box ID = BX000213
Unit = VII CORPS
Parent Organization = ARCENT
Folder Title = 7TH ENG BDE COMMANDERS CONFERENCE 13 APR 91
Folder Seq # = 9
Subject = VII CORPS WAR COUNCIL
Document Seq # = 5
Document Date =
Scan Date =
Queued for Declassification = 01-JAN-1980
Short Term Referral = 01-JAN-1980
Long Term Referral = 01-JAN-1980
Permanent Referral = 01-JAN-1980
Non-Health Related Document = 01-JAN-1980
Declassified = 02-JAN-1997