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Soldiers & Sailors Civil Relief Act (SSCRA)
Chapter 2, General Provisions (Page 5)
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Power of Attorney

Section 701

(50 U.S.C. App. § 591)

(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, U.S. 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) 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.

Revocation of Interlocutory Orders

Section 602

(50 U.S.C. App. § 582)

Any interlocutory order made by any court under the provisions of this Act may, upon the court's own motion or otherwise, be revoked, modified, or extended by it upon such notice to the parties affected as it may require.

The wording of this section is straightforward and unambiguous. It permits a court that has issued an interlocutory order under any of the sections of the Act to revoke, modify, or extend such an order on its own motion or otherwise. This section has relevance when read together with other sections that allow a court to grant certain relief and then allow the court to make "such other orders as may be just." For example, section 300, which deals with eviction and distress, allows a court to grant a three-month stay of eviction proceedings or to "make such other orders as may be just." Thus, the court could issue whatever interlocutory orders its rules of procedure allowed in such a proceeding if it found that such an order would be "just" to all the parties involved. The language in section 300 appears to authorize the kind of interlocutory order contemplated by Congress in section 602 of the Act. Sections 200, 301, 302, and 305 are other sections of the Act that contain language that allows a court to issue interlocutory orders. Those orders also can be "revoked, modified, or extended" by section 602.

Separability of Provisions

Section 603

(50 U.S.C. App. § 583)

If any provision of this Act, or the application thereof to any person or circumstances, is held invalid, the remainder of the Act, and the application of such provision to other persons or circumstances shall not be affected thereby.

Termination Date

Section 604

(50 U.S.C. App. § 584)

This Act shall remain in force until May 15, 1945, except that should the United States be then engaged in a war, this Act shall remain in force until such war is terminated by a treaty of peace proclaimed by the President and for six months thereafter. Whenever under any section or provision of this Act a proceeding, remedy, privilege, stay, limitation, accounting, or other transaction has been authorized or provided with respect to military service performed prior to the date herein fixed for the termination of this Act, such section or provision shall be deemed to continue in full force and effect so long as may be necessary to the exercise or enjoyment of such proceeding, remedy, privilege, stay, limitation, accounting, or other transaction.

The Soldiers' and Sailors' Civil Relief Act was to end on the later of the following two dates: 15 May 1945 or six months after a treaty of peace ending World War II was proclaimed by the President of the United States. In 1948, as an added provision of the Universal Military Training and Service Act, Congress stated that the Soldiers' and Sailors' Civil Relief Act was to continue in force until it was "repealed or otherwise terminated by a subsequent Act of Congress...."

Congress has not repealed or terminated the Soldiers' and Sailors' Civil Relief Act of 1940 and, therefore, the Act continues in effect.

Next page > Chapter 3 > Page 1, 2, 3, 4, 5

Above Information Courtesy of United States Army JAG Corps

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