---
kind: "section"
citation: "10 U.S.C. § 1044b"
title: "10"
title_heading: "Armed Forces"
number: "1044b"
heading: "Military powers of attorney: requirement for recognition by States"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/10/1044b"
units:
  - "Subtitle A — General Military Law"
  - "Part II — Personnel"
  - "Chapter 53 — Miscellaneous Rights and Benefits"
---

# §1044b. Military powers of attorney: requirement for recognition by States

- (a) **Instruments To Be Given Legal Effect Without Regard to State Law.—** A [military](/usc/10/801.md?p=8) 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](/usc/10/4951.md?p=4); 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](/usc/10/4951.md?p=4) concerned.
- (b) **Military Power of Attorney.—** For purposes of this section, a [military](/usc/10/801.md?p=8) power of attorney is any general or special power of attorney that is notarized in accordance with [section 1044a of this title](/usc/10/1044a.md) or other applicable [State](/usc/10/4951.md?p=4) or Federal law.
- (c) **Statement To Be Included.—**
  - (1) Under regulations prescribed by the [Secretary concerned](/usc/10/2801.md?p=c-5), each [military](/usc/10/801.md?p=8) power of attorney shall contain a statement that sets forth the provisions of [subsection (a)](#a).
  - (2) [Paragraph (1)](#c-1) shall not be construed to make inapplicable the provisions of [subsection (a)](#a) to a [military](/usc/10/801.md?p=8) power of attorney that does not include a statement described in that paragraph.
- (d) **State Defined.—** In this section, the term “[State](/usc/10/4951.md?p=4)” [includes](/usc/10/101.md?p=g-4) the District of Columbia, the Commonwealth of Puerto Rico, and a possession of the [United States](/usc/10/101.md?p=a-1).

## Source credit

(Added Pub. L. 103–160, div. A, title V, § 574(a), Nov. 30, 1993, 107 Stat. 1674.)