§591. Power of attorney

(a) Extension for period person in missing status

Notwithstanding any other provision of law, a power of attorney which-

(1) was duly executed by a person in the military service who is in a missing status (as defined in section 551(2) of title 37, United States Code);

(2) designates that person's spouse, parent, or other named relative as his attorney in fact for certain specified, or all, purposes; and

(3) expires by its terms after that person entered a missing status, and before or after the effective date of this section;

shall be automatically extended for the period that the person is in a missing status.

(b) Limitation on extension

No power of attorney executed after the effective date of this section by a person in the military service may be extended under subsection (a) of this section if the document by its terms clearly indicates that the power granted expires on the date specified even though that person, after the date of execution of the document, enters a missing status.

(c) Persons subject to coverage

This section applies to the following powers of attorney executed by a person in military service or under a call or order to report for military service (or who has been advised by an official of the Department of Defense that such person may receive such a call or order):

(1) A power of attorney that is executed during the Vietnam era (as defined in section 101(29) of title 38, United States Code).

(2) A power of attorney that expires by its terms after July 31, 1990.

(Oct. 17, 1940, ch. 888, art. VII, §701, as added Pub. L. 92–540, title V, §504(2), Oct. 24, 1972, 86 Stat. 1098 ; amended Pub. L. 102–12, §3, Mar. 18, 1991, 105 Stat. 34 .)

Amendments

1991-Subsec. (c). Pub. L. 102–12 amended subsec. (c) generally. Prior to amendment, subsec. (c) read as follows: "This section applies only to persons in military service who executed powers of attorney during the Vietnam era (as defined in section 101(29) of title 38, United States Code)."

Effective Date

Section effective 90 days after Oct. 24, 1972, see section 601(b) of Pub. L. 92–540, set out as an Effective Date of 1972 Amendment note under section 4101 of Title 38, Veterans' Benefits.

Section Referred to in Other Sections

This section is referred to in title 5 section 5569.