The Durable Power of Attorney document must say “Durable” in the title. The authority granted to the third party, usually called an agent, is stated in a Durable Power of Attorney document and includes the ability to make both pay-related and non-pay-related changes to the retiree account at DFAS. A General Power of Attorney is not acceptable to establish, change, or stop an allotment.Ī Durable Power of Attorney (DPOA) is a newly-authorized third-party representation for retired pay, and currently only applies to retirees. The Special Power of Attorney document specifically must state the authority to establish, change or stop allotments. Pay-Related AuthorityĪ Special Power of Attorney (SPOA) may be used to establish, change, or stop an allotment. The retiree cannot be incapacitated and must sign a Power of Attorney document appointing the agent. Specific Types of Third-Party Representation Non-Pay-Related AuthorityĪ General Power of Attorney (GPOA) allows a third party to make non-pay-related changes. They can also make non-pay-related changes.īelow is a table summarizing the types of non-pay-related and pay-related third-party representations and the requirements. Obtaining account information protected by the Privacy Act of 1974Ī third-party representative with pay-related authority can control and make changes to the banking and pay information for the retiree account at DFAS. Issuing account statements and 1099 forms The representative may assist the retiree in many other matters, such as: Non-Pay-Related (e.g., General Power of Attorney)Ī third-party representative (e.g., General Power of Attorney) who is granted non-pay-related authority cannot make changes to retiree payments (banking information) from DFAS. Non-Pay-Related versus Pay-Related Representation Previously, the legal representatives for all incapacitated retirees were required to submit an ROE twice each year. Now, the only retirees who need to submit an ROE are those who receive a paper check to a foreign address. The newest change reduces the number of retirees who need to submit a Report of Existence (ROE). We are working to simplify the process of verifying continuing eligibility for retirees. ***Retirees and Guardians/Legal Representatives of Retirees*** These avenues are called “third-party representation” and they fall into two categories, either non-pay-related or pay-related representation. Military retirement pay falls under federal law, which takes priority over state law.ĭFAS has several avenues for allowing a loved one or trusted individual to help with a retiree’s account. These state laws often conflict with federal laws. ![]() Many states let a Power of Attorney (POA) handle another person’s finances or other legal paperwork regardless of that person’s competency. Powers of Attorney/Third Party Representatives for Retirees Overview
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