Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login

Posted: 8/11/2007 8:06:13 AM EDT
Can someone refuse to accept it?

A lawyer told me that the exceptions that a military POA enjoys are overruled by state law.

This also leads into the difference between substance and substantive. The lawyer claims that substance means form, not substantive.

For reference:

U.S.C. Title 10, Subtitle A, Part II, Chapter 53, Section 1044

Mississippi Code of 1972, Section 89-1-29, as revised by HB921, 2007 Reg. Session



I think the U.S.C. is pretty clear about exempting a military POA from the requirements of state law.

What do you think?
Link Posted: 8/12/2007 9:01:09 AM EDT
[Last Edit: 8/12/2007 9:03:23 AM EDT by ParatrooperJJ]
Military POAs are governed by federal law. They are valid in all 50 states.

ETA: If someone refuses to accept one, talk to your local JAG office. Among other remedies, they can have the business placed off limits to all military personnel.
Link Posted: 8/12/2007 10:26:44 AM EDT
[Last Edit: 8/12/2007 10:32:28 AM EDT by EOD_Guy]
Ok, what is a POA?

Are you talking about a power of attorney?
Link Posted: 8/12/2007 11:04:41 PM EDT
My wife tried to use the military Power Of Attorney while I've been deployed. The lawyer that represents the seller claims that the exemption presented by the USC doesn't apply to 'substantive' law, because the when the USC used 'substance' in the wording it meant form/procedure. For that reason, and maybe others, the lawyer advised her client not to accept the military POA. Sounds crazy, right? It is. It's an all or nothing deal when it comes to military POAs. If they choose to accept a POA, they must accept a military POA. The exemption is even included in the military POA.

The lawyer tried to claim that state law superceded federal law. When I chose to disagree, she tried claim that substance didn't apply to substantive and meant the opposite.

I will be talking to the JAGO when I return. 2 reasons: So nobody else has to deal with this lawyer, and because base legal decided to agree with the lawyer.

I dropped it because:

My wife wanted me to.
The lawyer is female and wrong. (bad, yes?)
The base legal officer is female and wrong. (agrees with lawyer)

There was no way I could make any headway from another continent across an ocean.



One more thing:

I used both the legal definition and regular definition, which agreed with each other. When the lawyer claimed otherwise, I asked her to cite statute, case, reference, or statutory definition, that supported her claim. Not only did she refuse, she she told me to go look up things to prove my side. I couldn't reply without seriously flipping out, so I didn't reply. She said she wouldn't answer anyways, soo... fooey.

If you all are interested, I'll copy and paste our email exchange.
Link Posted: 8/15/2007 10:47:50 AM EDT
[Last Edit: 8/15/2007 10:49:53 AM EDT by Possum-Sandwich]
Yes, they can refuse to accept it. A military POA is exempt from the formality provisions of state laws, so it will be just as valid as a POA in that state. For example, if a state requires three witnesses, but the military POA only has two, it won't become invalid for that reason. But, if a business refuses to accept all POA's, that's their choice.

If they are refusing simply because it's a military form, that's a separate issue. Regardless, there's no way to force them, even if they are picking and choosing only military POAs to not accept.

(I used to be an Army JAG attorney.)
Top Top