N.Y. General Obligations Law § 5-1502j: Construction--benefits from governmental programs or civil or military service

§ 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.