Select powers of attorney carefully

  • Published
  • 82nd Training Wing Judge Advocate
SHEPPARD AIR FORCE BASE, Texas --  A power of attorney is a legal document that gives someone the legal authority to act for another person in business matters.

The person given the power of attorney is often called an "attorney-in-fact." Depending upon the authority given to the attorney-in-fact, different types of transactions can be conducted in the authorizing person's absence.

For example, an attorney-in-fact can buy, sell or lease real estate and other property; file income tax returns; sign government documents; and conduct other transactions authorized on the power of attorney document.

There are two types of powers of attorney: general and special.

A general power of attorney gives an attorney-in-fact very broad authority. However, such broad authority can be easily abused. Thus, in most cases, a special power of attorney is created.

A special power of attorney is limited to the specific transaction that the authorizing person selects. Special powers of attorney created specifically for the sale or purchase of real estate must be carefully drafted.

Be sure to give the lawyer drafting the special power of attorney the legal description of the real estate. The legal description is found on the deed to the property. Some states do not allow real estate transactions under power of attorney. For more information, see a legal assistance officer at the base Law Center.

If an Airman needs legal assistance overseas, judge advocates will often be available to assist them at their deployed location. By law, judge advocates overseas have the powers of a notary public and will be able to notarize documents such as powers of attorney. If there are legal issues that can be taken care of ahead of time, the Airman should do so.

Power of attorney can be given to anyone. However, for personal safety, never give a power of attorney to anyone who is not absolutely trustworthy, capable and willing to act in the authorizing person's best interest.

This information is only a guide. If you are not entitled to legal assistance, consult a civilian attorney. If you need help and are entitled to legal assistance, call (940) 676-4262 for more information. Also visit the legal assistance website at https://aflegalassistance.law.af.mil.