Section 5-1502J. Construction--benefits from governmental programs or civil or military service  


Latest version.
  • In a statutory short form power  of  attorney,  the  language  conferring  general  authority  with respect to "benefits from
      governmental programs or civil or military service," or in  a  statutory
      short  form  power  of attorney properly executed in accordance with the
      laws in effect at the time of its  execution,  the  language  conferring
      authority  with respect to "military service," must be construed to mean
      that the principal authorizes the agent:
        1. To execute vouchers in the name of the principal for allowances and
      reimbursements payable by the United States, or a foreign government  or
      by  a  state  or subdivision of a state, to the principal, including but
      not limited to allowances and reimbursements for transportation  of  the
      principal  and of the principal's spouse, children and other dependents,
      and for shipment of household effects, to receive,  to  indorse  and  to
      collect  the proceeds of any check payable to the order of the principal
      drawn on the treasurer or other fiscal  officer  or  depositary  of  the
      United  States  or  a  foreign government or of any state or subdivision
      thereof;
        2. To take possession  and  to  order  the  removal  and  shipment  of
      property  of  the principal from a post, warehouse, depot, dock or other
      place of storage or safekeeping, either  governmental  or  private,  and
      execute  and  deliver  a  release,  voucher,  receipt,  bill  of lading,
      shipping ticket, certificate or other instrument for such purpose;
        3. To  enroll  in,  apply  for,  select,  reject,  change,  amend,  or
      discontinue a benefit or program on the principal's behalf;
        4.  To  prepare,  file  and  prosecute a claim of the principal to any
      benefit or assistance, financial or otherwise, to  which  the  principal
      is,  or  claims  to  be,  entitled,  under  a  statute  or  governmental
      regulation, including any benefit or assistance which arises from or  is
      based  upon military service performed prior to or after the creation of
      the agency by the principal or by any person  related  by  blood  or  by
      marriage  to  the  principal, to execute any receipt or other instrument
      which the agent shall  think  to  be  desirable  or  necessary  for  the
      enforcement or for the collection of such claim;
        5.  To  receive  the  financial  proceeds  of  any  claim  of the type
      described in this section, conserve, invest, disburse or use anything so
      received for a lawful purpose;
        6. To prosecute, defend, submit  to  alternative  dispute  resolution,
      settle,  and  propose or accept a compromise with respect to any benefit
      or assistance described in subdivision four of this section;
        7. To communicate with any representative or employee of a government,
      governmental subdivision, agency, or instrumentality on  behalf  of  the
      principal;
        8. To hire, discharge, and compensate any attorney, accountant, expert
      witness,  or  other  assistant  or assistants when the agent shall think
      such action to be desirable for the  proper  execution  of  any  of  the
      powers described in this section; and
        9.  In  general,  and  in  addition  to  all the specific acts in this
      section enumerated, to do any other act or acts, which the principal can
      do through an agent, and which the agent shall think to be desirable  or
      necessary,  to  assure  to  the  principal, and to the dependents of the
      principal, the maximum possible benefit from  governmental  programs  or
      from  civil or military service performed prior to or after the creation
      of the agency by the principal or by any  person  related  by  blood  or
      marriage to the principal.
        All powers described in this section shall be exercisable equally with
      respect  to any benefits from governmental programs or civil or military
    
      service existing at the giving of the power of  attorney  or  thereafter
      accruing, and whether accruing in the state of New York or elsewhere.