Military Power of Attorney for your Pet
We have discussed the basics of the use of a Power of Attorney for your pets.
These documents may be used immediately or have a springing (future event) use and may be established to be used on a temporary or permanent basis.
If you or a friend or relative are in the military, a Military Power of Attorney can be prepared that will provide for your pets while you are on active duty.
The United States Code, Title 10, Armed Forces, Section 1044 b provides for Military Powers of Attorney.
The Code provides in part…
A military power of attorney 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 shall be given the same legal effect as a power of attorney prepared and executed in accordance with the laws of the State concerned.
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.
Under regulations prescribed by the Secretary concerned, each military power of attorney shall contain a statement that sets forth the provisions of subsection (a).
…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.
In this section, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the United States.
A Special Military Power of Attorney for Pets can designate an individual or individuals to care for and maintain your pet (s) during your absence, and authorize any and all medical care necessary, including major surgery and humane disposal, as deemed necessary by the Veterinary Service:
The Military Power of Attorney can be for a time certain or until written revocation.
Or, as an alternative, The Military Power of Attorney can also be set up to state that if the Declarant shall be, or has been, carried in a military status of “missing”, “missing-in-action” or “prisoner of war,” then the power of attorney shall automatically remain valid and in full effect until sixty (60) days after the individual has returned to the United States Military control following termination of such status.
In these times of world turmoil, war and uncertainty, it may seem alike a small detail, to take the time to prepare a Military Power of Attorney for a pet.
However, to some, their pets are their only or their closest family. They want and need to take the time to plan for their future if at all possible.
A gift of a Military Power of Attorney for a pet owner that you know would be a small thank you to them for their service to your country.
Power of Attorney for your Pet---A Powerful Tool
Most responsible parties would agree that all adults need to execute a power of attorney in the event of a temporary physical or mental disability. Generally speaking the spouse or an adult child would be appointed as the agent to act on behalf of the disabled individual. The American Bar Association, ABA…states, ”An important part of lifetime planning is the Power of Attorney. Valid in all states, (in fact many states, such as New York www.oag.state.ny.us, have statutory forms for a power of attorney) these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity (e.g., closing the sale of your home) or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event (e.g., a determination that you are unable to act for yourself). The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you. The person named in a Power of Attorney to act on your behalf is commonly referred to as your "agent" or "attorney-in-fact." With a valid Power of Attorney, your agent can take any action permitted in the document…” Today, with many households having two workers or split schedules, more families are concerned about the well being of their pets in the case of an emergency. You can establish a power of attorney for your pet to be used by a family member or a friend to alleviate some of this concern. The document can be as specific or as general as you desire. The power of attorney can grant the right for another individual to seek medical treatment of behalf of your pet and provide instructions for feeding or vitamins. The document should specifically identify the pet or pets to be involved and the compensation if any, of the agent. Of course you will need to discuss this with the individual that you chose to make sure that they are comfortable with their responsibilities. You also need to make sure that they, as well as your vet, have a properly executed copy of the document and that they have immediate access to your pet in the event that it becomes necessary. One final thought. A power of attorney is only one part for your estate planning for your pets. A power of attorney ceases immediate upon the death of the maker and is of no further effect or use to the agent.
