---
kind: "section"
citation: "50 U.S.C. § 4022"
title: "50"
title_heading: "War and National Defense"
number: "4022"
heading: "Power of attorney"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/50/4022"
units:
  - "Chapter 50 — Servicemembers Civil Relief"
  - "Subchapter VII — Further Relief"
---

# §4022. Power of attorney

- (a) **Automatic extension—** A power of attorney of a [servicemember](/usc/50/3911.md?p=1) shall be automatically extended for the period the [servicemember](/usc/50/3911.md?p=1) is in a missing status (as defined in [section 551(2) of title 37](/usc/37/551.md?p=2)) if the power of attorney—
  - (1) was duly executed by the [servicemember](/usc/50/3911.md?p=1)—
    - (A) while in [military service](/usc/50/3911.md?p=2); or
    - (B) before entry into [military service](/usc/50/3911.md?p=2) but after the [servicemember](/usc/50/3911.md?p=1)—
      - (i) received a call or order to report for [military service](/usc/50/3911.md?p=2); or
      - (ii) was notified by an official of the Department of Defense that the person could receive a call or order to report for [military service](/usc/50/3911.md?p=2);
  - (2) designates the [servicemember](/usc/50/3911.md?p=1)’s spouse, parent, or other named relative as the [servicemember](/usc/50/3911.md?p=1)’s attorney in fact for certain, specified, or all purposes; and
  - (3) expires by its terms after the [servicemember](/usc/50/3911.md?p=1) entered a missing status.
- (b) **Limitation on power of attorney extension—** A power of attorney executed by a [servicemember](/usc/50/3911.md?p=1) may not be extended under [subsection (a)](#a) if the document by its terms clearly indicates that the power granted expires on the date specified even though the [servicemember](/usc/50/3911.md?p=1), after the date of execution of the document, enters a missing status.

## Source credit

(Oct. 17, 1940, ch. 888, title VII, § 702, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2861.)

## Notes

### Editorial Notes

### Codification

Section was formerly classified to section 592 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.

### Prior Provisions

A prior section 702 of act Oct. 17, 1940, ch. 888, art. VII, as added Pub. L. 102–12, § 4, Mar. 18, 1991, 105 Stat. 34; amended Pub. L. 104–106, div. A, title XV, § 1501(e)(3), Feb. 10, 1996, 110 Stat. 501, related to professional liability protection for certain persons ordered to active duty in armed forces, prior to the general amendment of this Act by Pub. L. 108–189. See section 4023 of this title.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section applicable to any case not final before Dec. 19, 2003, see section 3 of Pub. L. 108–189, set out as a note under section 3901 of this title.