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This entry was published on 2014-09-22
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SECTION 5-1502J
Construction--benefits from governmental programs or civil or military service
General Obligations (GOB) CHAPTER 24-A, ARTICLE 5, TITLE 15
§ 5-1502J. Construction--benefits from governmental programs or civil
or military service. 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.